66082 Federal Register / Vol. 72, No. 227 / Tuesday, November 27, 2007 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061109296–7009–02] 

RIN 0648–XE07 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason quota 

transfer. 

SUMMARY: NMFS announces that the 

State of Delaware is transferring 

commercial bluefish quota to the State 

of Rhode Island from its 2007 quota. By 

this action, NMFS adjusts the quotas 

and announces the revised commercial 

quota for each state involved. 

DATES: Effective November 21, 2007, 

through December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244, fax (978) 

281–9135. 

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 among the coastal states 

from Florida through Maine. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.160. 

Two or more states, under mutual 

agreement and with the concurrence of 

the Administrator, Northeast Region, 

NMFS (Regional Administrator), can 

transfer or combine bluefish commercial 

quota under § 648.160(f). The Regional 

Administrator is required to consider 

the criteria set forth in § 648.160(f)(1) in 

the evaluation of requests for quota 

transfers or combinations. 

Delaware has agreed to transfer 80,000 

lb (36,287 kg) of its 2007 commercial 

quota to Rhode Island. The Regional 

Administrator has determined that the 

criteria set forth in § 648.160(f)(1) have 

been met. The revised bluefish quotas 

for calendar year 2007 are: Rhode 

Island, 663,790 lb (301,090 kg); and 

Delaware, 81,055 lb (36,766 kg). 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

Dated: November 21, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–5848 Filed 11–21–07; 2:53 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061109296–7009–02] 

RIN 0648–XD64 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Commercial Quota Harvested for New 

York 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2007 Atlantic bluefish commercial 

quota allocated to the State of New York 

has been harvested. Vessels issued a 

commercial Federal fisheries permit for 

the Atlantic bluefish fishery may not 

land bluefish in New York for the 

remainder of calendar year 2007, unless 

additional quota becomes available 

through a transfer from another state. 

Regulations governing the Atlantic 

bluefish fishery require publication of 

this notification to advise New York that 

the quota has been harvested and to 

advise vessel permit holders and dealer 

permit holders that no commercial 

quota is available for landing bluefish in 

New York. 

DATES: Effective 0001 hours, November 

27, 2007, through 2400 hours, December 

31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244. 

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 Florida 

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 2007 calendar 

year was set equal to 8,688,760 lb (3,941 

mt) (72 FR 4458, January 31, 2007). The 

percent allocated to vessels landing 

bluefish in New York is 10.3851 

percent, resulting in a commercial quota 

of 902,336 lb (409,927 kg). The 2007 

allocation was reduced to 884,278 lb 

(401,106 kg) when research set-aside 

was deducted and after the 2006 

overages had been applied. 

Subsequently, during the 2007 fishing 

year, New York received two transfers of 

bluefish quota from Virginia in the 

amounts of 150,000 lb (68,039 kg) (72 

FR 10934) and 200,000 lb (90,718 kg) 

(72 FR 62416). These transfers increased 

New York’s bluefish quota allocation to 

1,234,278 lb (559,859 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 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 bluefish in that 

state. The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that 

New York has harvested its quota for 

2007. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

bluefish in any state that the Regional 

Administrator has determined no longer 

has commercial quota available. 

Therefore, effective 0001 hours, 

November 27, 2007, further landings of 

bluefish in New York by vessels holding 

bluefish commercial Federal fisheries 

permits are prohibited for the remainder 

of the 2007 calendar year, unless 

additional quota becomes available 

through a transfer and is announced in 

the Federal Register. Effective 0001 

hours, November 27, 2007, federally 

permitted dealers are also notified that 

they may not purchase bluefish from 

federally permitted vessels that land in 

New York 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: November 21, 2007. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–23051 Filed 11–26–07; 8:45 am] 

BILLING CODE 3510–22–S 


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