[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Page 27866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13497]
[[Page 27866]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 971015246-7293-02; I.D. 051498C]
Fisheries of the Northeastern United States; Scup Fisheries;
Rescission of 1998 Summer Period Scup Fisheries Closures in Delaware,
New Hampshire, Maryland, and Massachusetts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Rescission of closures.
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SUMMARY: NMFS issues this notification announcing the rescission of
closures previously issued for the Delaware, New Hampshire,
Massachusetts, and Maryland Summer period scup fisheries for 1998. This
rescission is in compliance with an April 27, 1998, Order of the United
States District Court for Massachusetts (Court), which voided state-by-
state allocation of the Summer period commercial scup fishing quota.
The public is advised that landings are allowed for the Summer period
in Delaware, New Hampshire, Maryland, and Massachusetts and that the
quota is being administered on a coastwide basis.
DATES: Effective May 18, 1998.
FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy
Analyst, 978-281-9221.
SUPPLEMENTARY INFORMATION: NMFS, in compliance with regulations found
at 50 CFR 648.120, closed the 1998 scup Summer period commercial
fisheries of Delaware and New Hampshire (62 FR 66304, December 18,
1997), Massachusetts (63 FR 3478, January 23, 1998), and Maryland (63
FR 23227, April 28, 1998) after determining through quota adjustments
that these States had used their entire available Summer period
commercial scup quota. These closures were to be effective May 1, 1998,
through October 31, 1998.
In response to a lawsuit filed by the Commonwealth of
Massachusetts, the Court, on April 27, 1998, ordered that the state-by-
state allocation system for the summer commercial scup fishery, as
codified in 50 CFR 648.120, is void. Since the state closures were
triggered by the state-by-state allocation system required under 50 CFR
648.120, the basis for closing these fisheries is removed, and the
closures are rescinded. The 1998 Summer period quota of 1,780,794 lb
(807,755 kg) will be administered on a coastwide basis.
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: May 15, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-13497 Filed 5-18-98; 9:52 am]
BILLING CODE 3510-22-F
