[Federal Register: October 9, 2003 (Volume 68, Number 196)]
[Rules and Regulations]               
[Page 58281-58282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc03-10]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 092603D]

 
Fisheries of the Northeastern United States; Tilefish Fishery; 
Continuation of Specifications for the 2004 Fishing Year

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

ACTION: Notification of continuation of specifications for fishing year 
2004.

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SUMMARY: NMFS announces that it will continue the 2003 quota 
specifications for the golden tilefish fishery for the 2004 fishing 
year. Accordingly, the total allowable landings (TAL) for the 2004 
fishing year will remain at 1.995-million lb (905,172-kg). The intent 
of this action is to notify the public that there will be no change in 
the fishery specifications for tilefish for the fishing year beginning 
November 1, 2003.

DATES: Effective from November 1, 2003, through October 31, 2004.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, 978-281-9141; fax 978-281-9135; e-mail Douglas.Christel@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The final rule implementing the Tilefish Fishery Management Plan 
(FMP) became effective on November 1, 2001 (66 FR 49136, September 26, 
2001). Pursuant to the tilefish regulations at 50 CFR 648.290, the 
Tilefish FMP Monitoring Committee (Monitoring Committee) will meet 
after the completion of each stock assessment, or at the request of the 
Mid-Atlantic Fishery Management Council (Council) Chairman, to review 
tilefish landings information and any other relevant available data to 
determine if the annual quota requires modification to respond to 
changes to the stock's biological reference points or to ensure

[[Page 58282]]

that the rebuilding schedule is maintained. Additional management 
measures or revisions to existing measures could also be considered at 
this time to ensure that the TAL would not be exceeded. Furthermore, up 
to 3 percent of the TAL could be set aside for a given fishing year for 
the purpose of funding research. In the event that a new stock 
assessment is not completed or the Council Chairman does not request 
that the Monitoring Committee meet, the regulations further specify 
that the previous year's specifications will remain effective and that 
NMFS will issue notification in the Federal Register to inform the 
public.
    A new tilefish stock assessment is not scheduled to occur until 
2004. Consequently, the Council Chairman did not request that the 
Monitoring Committee meet to determine if the annual quota requires 
modification to respond to stock conditions. Furthermore, the Council, 
at its August 2003 meeting, voted on research set-aside proposals that 
did not include a request for a tilefish research set-aside allocation 
for the upcoming fishing year. Therefore, NMFS informs the public that 
the 2003 quota specifications of 1.995-million lb (905,172-kg) for the 
golden tilefish fishery will remain in effect for the 2004 fishing year 
(November 1, 2003, through October 31, 2004).
    A recent decision in the case of Hadaja v. Evans set aside the 
permit categories for the tilefish fishery. However, the TAL for the 
fishery is not affected by this decision. Accordingly, for the 2004 
fishing year, unless otherwise modified by the Council and NMFS, the 
1.995-million lb (905,172-kg) TAL is applicable to the entire fishery 
and will not be distributed among permit categories according to the 
regulations at Sec.  648.290(b).

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 3, 2003.Bruce 
C. Morehead,Acting Director, Office of Sustainable Fisheries, 
National Marine Fisheries Service.
[FR Doc. 03-25641 Filed 10-8-03; 8:45 am]

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