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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 648
          - [Docket No. 0809251266-81485-02]
          - RIN 0648-XR94

# AGENCY:

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

# ACTION:

Temporary rule; closure.

# SUMMARY:

NMFS announces the closure of the scup commercial coastwide fishery from Maine through North Carolina for the remainder of the Summer Period. Regulations governing the scup fishery require publication of this notification to advise the coastal states from Maine through North Carolina that this quota has been harvested and to advise Federal vessel permit holders and Federal dealer permit holders that no commercial quota is available for landing scup in these states. Federally permitted commercial vessels may not land scup in these states for the remainder of the 2009 Summer quota period (through October 31, 2009).

# DATES:

Effective 0001 hours, Thursday, October 7 through October 31, 2009.

# FOR FURTHER INFORMATION CONTACT:

Sarah Bland, Fishery Management Specialist, (978) 281-9257.

# SUPPLEMENTARY INFORMATION: 

                    Regulations governing the scup fishery are found at 50 CFR part 648. The regulations at § 648.121 require the Regional Administrator to monitor the commercial scup quota for each quota period and, based upon dealer reports, state data, and other available information, to determine when the commercial quota for a period has been harvested. NMFS is required to publish a notification in the                     **Federal Register**                     advising and notifying commercial vessels and dealer permit holders that, effective upon a specific date, the scup commercial quota has been harvested and no commercial quota is available for landing scup for the remainder of the Summer Period. Based upon recent projections, the Regional Administrator has determined that the Federal commercial quota of 2,930,733 lb (1,329 mt) for the 2009 Summer Period will be fully harvested by or before October 31, 2009. To maintain the integrity of the 2009 Summer Period quota by avoiding or minimizing quota overages, the commercial scup fishery will close for the remainder of the Summer Period (through October 31, 2009) in Federal waters, effective as of the date specified above (see                     **DATES**                    ).                 

                    Section 648.4(b) provides that Federal scup moratorium permit holders agree, as a condition of the permit, not to land scup in any state after NMFS has published a notification in the                     **Federal Register**                     stating that the commercial quota for the period has been harvested and that no commercial quota for scup is available. Therefore, effective 0001 hours, Thursday, October 8, 2009, further landings of scup by vessels holding Federal scup moratorium permits are prohibited through October 31, 2009. Effective 0001 hours, Thursday, October 8, 2009, federally permitted dealers are also advised that they may not purchase scup from federally permitted vessels that land in coastal states from Maine through North Carolina for the remainder of the Summer Period (through October 31, 2009). The Winter II Period for commercial scup harvest will open on November 1, 2009.                 

## 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: October 2, 2009.

Emily H. Menashes,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. E9-24177 Filed 10-05-09; 8:45 am]

BILLING CODE 3510-22-S