Federal Register / Vol. 73, No.

2 / Thursday, January 3, 2008 / Rules and Regulations 411

■ 13. In § 622.31, paragraph (c) is paragraphs (a)(3), (b)(3), (c)(3), and DEPARTMENT OF COMMERCE
revised to read as follows: (d)(2) are redesignated as paragraphs
(a)(2), (b)(2), (c)(2), and (d)(1), National Oceanic and Atmospheric
§ 622.31 Prohibited gear and methods. Administration
respectively, and paragraph (d)(2) is
* * * * * added and reserved.
(c) Fish traps. A fish trap may not be 50 CFR Part 648
used or possessed in the Gulf or South ■ 18. In § 622.41, paragraphs (a)(4) and
Atlantic EEZ. A fish trap deployed in (i) are revised to read as follows: [Docket No. 061109296–7009–02]
the Gulf or South Atlantic EEZ may be RIN 0648–XE43
§ 622.41 Species specific limitations.
disposed of in any appropriate manner
by the Assistant Administrator or an (a) * * * Fisheries of the Northeastern United
authorized officer. States; Atlantic Bluefish Fishery;
(4) Not less than 24 hours prior to
* * * * * Quota Transfer
harvest of aquacultured live rock, the
§ 622.34 [Amended] owner or operator of the harvesting AGENCY: National Marine Fisheries
■ 14. In § 622.34, paragraph (g)(3) is Service (NMFS), National Oceanic and
vessel must provide the following
removed, and paragraph (n) is removed information to the NMFS Office for Law Atmospheric Administration (NOAA),
and reserved. Enforcement, Southeast Region, St. Commerce.
■ 15. In § 622.37, paragraphs (d)(1)(ii)
Petersburg, FL, by telephone (727–824– ACTION: Temporary rule; inseason quota
and (e)(1)(ii) are revised to read as
5344): transfer.
follows:
* * * * * SUMMARY: NMFS announces that the
§ 622.37 Size limits.
(i) Gulf reef fish exhibiting trap rash. State of Florida is transferring
* * * * * Possession of Gulf reef fish in or from commercial bluefish quota to the State
(d) * * * of New York from its 2007 quota. By
(1) * * * the Gulf EEZ that exhibit trap rash is
(ii) Vermilion snapper—10 inches prima facie evidence of illegal trap use this action, NMFS adjusts the quotas
(25.4 cm), TL. and is prohibited. For the purpose of and announces the revised commercial
this paragraph, trap rash is defined as quota for each state involved.
* * * * *
physical damage to fish that DATES: Effective December 28, 2007
(e) * * *
(1) * * * characteristically results from contact through December 31, 2007.
(ii) Vermilion snapper—12 inches with wire fish traps. Such damage FOR FURTHER INFORMATION CONTACT:
(30.5 cm), TL. includes, but is not limited to, broken Emily Bryant, Fishery Management
* * * * * fin spines, fin rays, or teeth; visually Specialist, (978) 281–9244, fax (978)
■ 16. In § 622.39, paragraphs (a)(2)(iv), obvious loss of scales; and cuts or 281–9135.
and (b)(1)(ii) are revised; paragraph abrasions on the body of the fish, SUPPLEMENTARY INFORMATION:
(b)(1)(ix) is removed and reserved; and particularly on the head, snout, or Regulations governing the Atlantic
paragraph (b)(1)(x) is added to read as mouth. bluefish fishery are found at 50 CFR part
follows: 648. The regulations require annual
* * * * *
specification of a commercial quota that
§ 622.39 Bag and possession limits. § 622.42 [Amended] is apportioned among the coastal states
* * * * * ■ 19. In § 622.42, paragraph (e)(1)(i) is from Florida through Maine. The
(a) * * * removed and paragraphs (e)(1)(ii) and process to set the annual commercial
(2) * * * (iii) are redesignated as (e)(1)(i) and (ii), quota and the percent allocated to each
(iv) When the vessel has on board or state is described in § 648.160.
respectively.
is tending any trap other than a stone Two or more states, under mutual
crab trap or a spiny lobster trap. § 622.44 [Amended] agreement and with the concurrence of
* * * * * ■ 20. In § 622.44, paragraph (c)(3)(i) is the Administrator, Northeast Region,
(b) * * * removed and paragraphs (c)(3)(ii) NMFS (Regional Administrator), can
(1) * * * through (iv) are redesignated as transfer or combine bluefish commercial
(ii) Groupers, combined, excluding paragraphs (c)(3)(i) through (iii), quota under § 648.160(f). The Regional
goliath grouper and Nassau grouper—5 respectively. Administrator is required to consider
per person per day, but not to exceed 1 the criteria set forth in § 648.160(f)(1) in
speckled hind or 1 warsaw grouper per § 622.45 [Amended]
the evaluation of requests for quota
vessel per day or 1 red grouper per ■ 21. In § 622.45, paragraph (c)(5) is transfers or combinations.
person per day. However, no grouper removed. Florida has agreed to transfer 100,000
may be retained by the captain or crew ■ 22. In addition to the amendments set lb (45,359 kg) of its 2007 commercial
of a vessel operating as a charter vessel forth above, in 50 CFR part 622, revise quota to New York. The Regional
or headboat. The bag limit for such all references to ‘‘NMFS, Office of Administrator has determined that the
captain and crew is zero. Enforcement’’; ‘‘NMFS Office of criteria set forth in § 648.160(f)(1) have
* * * * * Enforcement’’; ‘‘NMFS Office of Law been met. The revised bluefish quotas
(x) Gulf reef fish, combined, for calendar year 2007 are: New York,
Enforcement’’; and ‘‘NMFS Law
excluding those specified in paragraphs 1,334,278 lb (605,218 kg); and Florida,
Enforcement Office’’ to read ‘‘NMFS
(b)(1)(i), (ii) , (iv), (vi), (vii), and (viii) of 453,488 lb (205,699 kg).
Office for Law Enforcement’’ wherever
this section and excluding dwarf sand Classification
they occur.
perch and sand perch—20.
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[FR Doc. E7–25584 Filed 1–2–08; 8:45 am] This action is taken under 50 CFR
* * * * *
§ 622.40 [Amended] BILLING CODE 3510–22–S part 648 and is exempt from review
■ 17. In § 622.40, paragraphs (a)(2), under Executive Order 12866.
(b)(2), (c)(2), and (d)(1) are removed; Authority: 16 U.S.C. 1801 et seq.

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 412 Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Rules and Regulations

Dated: December 28, 2007.

Alan D. Risenhoover
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 07–6289 Filed 12–28–07; 2:21 pm]
BILLING CODE 3510–22–S
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