[Federal Register: September 27, 2004 (Volume 69, Number 186)]
[Rules and Regulations]
[Page 57653]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se04-12]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040122024-4105-02; I.D. 092104C]
Fisheries of the Northeastern United States; Tilefish Fishery;
Quota Harvested for Part-time Category
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS announces that the percentage of the tilefish annual
total allowable landing (TAL) available to the Part-time category has
been harvested. Commercial vessels fishing under the Part-time tilefish
category may not harvest tilefish from within the golden tilefish
management unit for the remainder of the 2004 fishing year (through
October 31, 2004). Regulations governing the tilefish fishery require
publication of this notification to advise the public of this closure.
DATES: Effective 0001 hrs local time, September 25, 2004, through 2400
hrs local time, October 31, 2004.
FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy
Analyst, at (978) 281-9220.
SUPPLEMENTARY INFORMATION: Regulations governing the tilefish fishery
are found at 50 CFR part 648. The regulations require annual
specification of a TAL for federally permitted tilefish vessels
harvesting tilefish from within the golden tilefish management unit.
The golden tilefish management unit is defined as an area of the
Atlantic Ocean from the latitude of the VA and NC border (36[deg]33.36'
N. lat.), extending eastward from the shore to the outer boundary of
the exclusive economic zone, and northward to the U.S.-Canada border.
After 5 percent of the TAL is deducted to reflect landings by vessels
issued an open-access Incidental permit category, and after up to 3
percent of the TAL is set aside for research purposes, should research
TAL be set aside, the remaining TAL is distributed among three tilefish
limited access permit categories: Full-time tier 1 category (66
percent), Full-time tier 2 category (15 percent), and the Part-time
category (19 percent).
The TAL for tilefish for the 2004 fishing year was set at 1.995
million lb (905,172 kg) and then adjusted downward by 5 percent to
1,895,250 lb (859,671 kg) to account for incidental catch. There was no
research set-aside for the 2004 fishing year. Thus, the Part-time
category quota for the 2004 fishing year, which is equal to 19 percent
of the TAL, is 360,098 lb (163,338 kg). As a result of the decision in
the Hadaja v. Evans lawsuit on May 15, 2003, the permitting and
reporting requirements for the tilefish fishery were suspended for
nearly a year. The decision rendered the subquotas for the various
limited access permit categories inoperative. These requirements were
reinstated on May 31, 2004, through a final rule (69 FR 22454, April
26, 2004). During the period that the permitting and reporting
requirements were vacated, it was impossible to attribute tilefish
landings to a particular limited access permit category. Consequently,
projected landings were used for the period November 1, 2003 - May 31,
2004. Based on this projection, the adjusted Part-time category quota
for the remainder of the fishing year (June 1-October 31, 2004) was
calculated to be 200,791 lb (91,077 kg).
The Administrator, Northeast Region, NMFS (Regional Administrator)
monitors the commercial tilefish quota for each fishing year using
dealer reports, vessel catch reports, and other available information
to determine when the quota for each limited access permit category is
projected to have been harvested. NMFS is required to publish
notification in the Federal Register notifying commercial vessels and
dealer permit holders that, effective upon a specific date, the
tilefish TAL for the specific limited access category has been
harvested and no commercial quota is available for harvesting tilefish
by that category for the remainder of the fishing year, from within the
golden tilefish management unit.
The Regional Administrator has determined, based upon dealer
reports and other available information, that the 2004 tilefish TAL for
the Part-time category has been harvested. Therefore, effective 0001
hrs local time, September 25, 2004, further landings of tilefish
harvested from within the golden tilefish management unit by tilefish
vessels holding Part-time category Federal fisheries permits are
prohibited through October 31, 2004. The 2005 fishing year for
commercial tilefish harvest will open on November 1, 2004. Federally
permitted dealers are also advised that, effective September 25, 2004,
they may not purchase tilefish from Part-time category federally
permitted tilefish vessels who land tilefish harvested from within the
golden tilefish management unit for the remainder of the 2004 fishing
year (through October 31, 2004).
Classification
This action is required by 50 CFR part 648 and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 22, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-21590 Filed 9-22-04; 1:21 pm]
BILLING CODE 3510-22-S