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SUMMARY: NMFS announces that the 2005 summer flounder commercial quota
available to New York has been harvested and is announcing the closure
of summer flounder in Federal waters. Vessels issued a commercial
Federal fisheries permit for the summer flounder fishery may not land
summer flounder in New York for the remainder of calendar year 2005,
unless additional quota becomes available through a transfer.
Regulations governing the summer flounder fishery require publication
of this notification to advise New York of the closure and to advise
vessel permit holders and dealer permit holders that no commercial
quota is available for landing summer flounder in New York.

DATES: Effective 0001 hours, December 14, 2005, through 2400 hours,
December 31, 2005.

FOR FURTHER INFORMATION CONTACT: Mike Ruccio, Fishery Management
Specialist, (978) 281-9104.

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 2005
calendar year was set equal to 18,180,002 lb (8,246,395 kg) (70 FR 303,
January 4, 2005). The percent allocated to vessels landing summer
flounder in New York is 7.64699 percent, resulting in a commercial
quota of 1,390,223 lb (630,601 kg). However, the 2005 allocation to New
York was reduced to 1,374,164 lb (623,317 kg) due to research set-
aside. The states of North Carolina, New Jersey, and Rhode Island and
the Commonwealth of Virginia have transferred a total of 50,530 lb
(22,920 kg) to New York in accordance with the Atlantic States Marine
Fisheries Commission Addendum XV to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan, bringing the total quota to
1,424,694 lb (646,241 kg).
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 New York has
harvested its quota for 2005.
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,
December 14, 2005, further landings of summer flounder in New York by
vessels holding summer flounder commercial Federal fisheries permits
are prohibited for the remainder of the 2005 calendar year, unless
additional quota becomes available through a transfer and is announced
in the Federal Register. Effective 0001 hours, December 14, 2005,
federally permitted dealers may not purchase summer flounder 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.

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.


[[Page 75075]]


Dated: December 14, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service
[FR Doc. 05-24204 Filed 12-14-05; 1:57 pm]

BILLING CODE 3510-22-S
 

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Thank you for posting that. Just about every state issues notice's just like that for almost all commercially caught fish.
 

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hehehe
 
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