[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Rules and Regulations]
[Page 45131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21052]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0809251266-81485-02]
RIN 0648-XR11


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the Commonwealth of 
Massachusetts

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Temporary rule; closure.

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SUMMARY:  NMFS announces that the 2009 summer flounder commercial quota 
allocated to the Commonwealth of Massachusetts has been harvested. 
Vessels issued a commercial Federal fisheries permit for the summer 
flounder fishery may not land summer flounder in Massachusetts for the 
remainder of calendar year 2009, unless additional quota becomes 
available through a transfer from another state. Regulations governing 
the summer flounder fishery require publication of this notification to 
advise Massachusetts that the quota has been harvested and to advise 
vessel permit holders and dealer permit holders that no commercial 
quota is available for landing summer flounder in Massachusetts.

DATES:  Effective 0001 hours, September 1, 2009, through 2400 hours, 
December 31, 2009.

FOR FURTHER INFORMATION CONTACT:  Sarah Bland, Fishery Management 
Specialist,(978) 281-9257.

SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of a commercial quota that is apportioned on a percentage 
basis among the coastal states from North Carolina through Maine. The 
process to set the annual commercial quota and the percent allocated to 
each state is described in Sec.  648.100.
    The initial total commercial quota for summer flounder for the 2009 
calendar year was set equal to 11,070,001 lb (5,021 mt) (74 FR 29, 
January 2, 2009). The percent allocated to vessels landing summer 
flounder in Massachusetts is 6.82046 percent, resulting in a commercial 
quota of 755,025 lb (342 mt). The 2009 allocation was reduced to 
702,614 lb (319 mt) when research set-aside and 2008 quota overages 
were deducted.
    Section 648.101(b) requires the Administrator, Northeast Region, 
NMFS (Regional Administrator), to monitor state commercial quotas and 
to determine when a state's commercial quota has been harvested. NMFS 
then publishes a notification in the Federal Register to advise the 
state and to notify Federal vessel and dealer permit holders that, 
effective upon a specific date, the state's commercial quota has been 
harvested and no commercial quota is available for landing summer 
flounder in that state. The Regional Administrator has determined, 
based upon dealer reports and other available information, that 
Massachusetts has harvested its quota for 2009.
    The regulations at Sec.  648.4(b) provide that Federal permit 
holders agree, as a condition of the permit, not to land summer 
flounder in any state that the Regional Administrator has determined no 
longer has commercial quota available. Therefore, effective 0001 hours, 
September 1, 2009, further landings of summer flounder in Massachusetts 
by vessels holding summer flounder commercial Federal fisheries permits 
are prohibited for the remainder of the 2009 calendar year, unless 
additional quota becomes available through a transfer and is announced 
in the Federal Register. Effective 0001 hours, September 1, 2009, 
federally permitted dealers are also notified that they may not 
purchase summer flounder from federally permitted vessels that land in 
Massachusetts for the remainder of the calendar year, or until 
additional quota becomes available through a transfer from another 
state.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 27, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-21052 Filed 8-27-09; 4:15 pm]
BILLING CODE 3510-22-S