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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 648
          - [Docket No. 010208032-1109-02; I.D. 050801D]

# AGENCY:

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

# ACTION: 

Commercial quota harvest; closure.

# SUMMARY:

NMFS announces that the Atlantic bluefish commercial quota available to the State of North Carolina has been harvested.  Vessels issued a commercial Federal fisheries permit for the Atlantic bluefish fishery may not land Atlantic bluefish in North Carolina for the remainder of calendar year 2001, unless additional quota becomes available through a transfer.  Regulations governing the Atlantic bluefish fishery require publication of this notification to advise the State of North Carolina that the quota has been harvested and to advise Federal vessel permit holders and Federal dealer permit holders that no commercial quota is available for landing Atlantic bluefish in North Carolina.

# DATES:

Effective 0001 hours, May 15, 2001, through 2400 hours, December 31, 2001.

# FOR FURTHER INFORMATION CONTACT:

Myles A. Raizin, Fishery Policy Analyst, (978) 281-9273. 

# SUPPLEMENTARY INFORMATION:

Regulations governing the Atlantic bluefish 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 § 648.160. 

The initial total commercial quota for Atlantic bluefish for the 2001 calendar year was set equal to 9,583,010 lb (4,348,008 kg)(66 FR 23625, May 9, 2001).  The percent allocated to vessels landing Atlantic bluefish in North Carolina is 32.0608 percent, or 3,072,386 lb (1,394,005 kg). 

                    Section 648.161(b) requires the Administrator, Northeast Region, NMFS (Regional Administrator) to monitor state commercial quotas and to determine when a state’s commercial quota is harvested.  NMFS will then publish a notification in the                     **Federal Register**                     advising a state and notifying 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 Atlantic bluefish in that state.  The Regional Administrator has determined, based upon dealer reports and other available information, that the State of North Carolina has attained its quota for 2001.                 

                    The regulations at § 648.4(b) provide that Federal permit holders agree as a condition of the permit not to land Atlantic bluefish in any state that the Regional Administrator has determined no longer has commercial quota available.  Therefore, effective 0001 hours, May 15, 2001, further landings of Atlantic bluefish in North Carolina by vessels holding Atlantic bluefish commercial Federal fisheries permits are prohibited for the remainder of the 2001 calendar year, unless additional quota becomes available through a transfer and is announced in the                     **Federal Register**                    .  Effective 0001 hours, May 15, 2001, federally permitted dealers are also advised that they may not purchase Atlantic bluefish from federally permitted vessels that land in North Carolina for the remainder of the calendar year, or until additional quota becomes available through a transfer.                 

## 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: May 10, 2001.

Bruce C. Morehead,

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

[FR Doc. 01-12325 Filed 5-11-01; 1:07 pm]

BILLING CODE  3510-22-S