[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Page 56895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8337]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 051104293-5344-02; I.D. 092206D]


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

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

ACTION: Closure of commercial fishery.

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SUMMARY: NMFS announces that the summer flounder commercial quota 
available to 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 2006, 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 28, 2006, through 2400 hours, 
December 31, 2006.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management 
Specialist, (978) 281-9341

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 2006 
calendar year was set equal to 14,154,000 lb (6,420 mt) (70 FR 77061, 
December 29, 2005). The percent allocated to vessels landing summer 
flounder in Massachusetts is 6.82046 percent, resulting in a commercial 
quota of 965,368 lb (437,884 kg). The 2006 allocation was reduced to 
931,750 lb (422,635 kg) due to research set-aside and quota overage 
from 2005.
    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 2006.
    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 28, 2006, further landings of summer flounder in 
Massachusetts by vessels holding summer flounder commercial Federal 
fisheries permits are prohibited for the remainder of the 2006 calendar 
year, unless additional quota becomes available through a transfer and 
is announced in the Federal Register. Effective 0001 hours, September 
28, 2006, 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: September 25, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-8337 Filed 9-25-06; 1:47 pm]
BILLING CODE 3510-22-S