[Federal Register: June 22, 2007 (Volume 72, Number 120)]
[Rules and Regulations]
[Page 34411-34412]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn07-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040112010-4114-02]
RIN 0648-XA92
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Closure of the Eastern U.S./Canada Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS announces a temporary closure of the Eastern U.S./Canada
Area to limited access NE multispecies days-at-sea (DAS) vessels. Based
upon Vessel Monitoring System (VMS) reports and other available
information, the Administrator, Northeast Region, NMFS (Regional
Administrator) has projected that 100 percent of the total allowable
catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the
Eastern U.S./Canada Area would be harvested by July 12, 2007, if
current catch rates continue. This action is being taken to prevent the
2007 TAC for GB cod in the Eastern U.S./Canada Area from being exceeded
during the 2007 fishing year, and to minimize the impacts of discards
of undersized haddock, in accordance with the regulations implemented
under Amendment 13 to the NE Multispecies Fishery Management Plan (FMP)
and the Magnuson-Stevens Fishery Conservation and Management Act. This
area will be reopened at a later date during the 2007 fishing year to
provide access to the shared U.S./Canada Stocks of cod, haddock, and
yellowtail flounder, if NMFS determines that the area can be reopened
without exceeding the GB cod TAC for the 2007 fishing year.
DATES: The temporary closure of the Eastern U.S./Canada Area to all
limited access NE multispecies DAS vessels is effective 0001 hr June
20, 2007, through 2400 hr local time, April 30, 2008.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management
Specialist, (978) 281-9145, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the U.S./Canada Management Area are found at Sec. 648.85. These
regulations authorize vessels issued a valid limited access NE
multispecies permit and fishing under a NE multispecies DAS to fish in
the Eastern U.S./Canada Area under specific conditions. The final GB
cod TAC allocation for the 2007 fishing year was specified at 494 mt
(May 7, 2007; 72 FR 25709). The regulations at Sec.
648.85(a)(3)(iv)(D) authorize the Regional Administrator to close
access to the Eastern U.S./Canada Area for all limited access NE
multispecies DAS vessels to prevent over-harvesting the TAC allocations
for the U.S./Canada Management Area.
Based upon VMS daily catch reports and other available information,
to date, 52 percent of the 2007 GB cod TAC of 494 mt has been
harvested. Assuming this catch rate continues, it is estimated that 100
percent of the 2007 GB cod TAC will be caught by July 12, 2007. Recent
observer data show discards of GB cod have exceeded kept GB cod, with a
discard-to-kept ratio for GB cod of approximately 2:1. Additionally,
due to the recent slow growth rate observed for GB haddock, the catch
of undersized GB haddock has increased discards of this species, as
well. Data indicate that haddock should be fully recruited to legal
size by late summer 2007. Therefore, based on the available information
described above, to slow the catch rate of GB cod in the Eastern U.S./
Canada Area and to ensure that the TAC for GB cod will not be exceeded,
as well as to minimize discards of undersized GB haddock, the Eastern
U.S./Canada Area, including the August through December Eastern U.S./
Canada Haddock SAP Pilot Program, should the closure extend into the
SAP season, is temporarily closed to all limited access NE multispecies
DAS vessels, effective 0001 hr June 20, 2007, pursuant to Sec.
648.85(a)(3)(iv)(D). This area will be reopened at a later date during
the 2007 fishing year to provide access to the shared U.S./Canada cod,
haddock, and yellowtail flounder stocks, pursuant to the regulations at
Sec. 648.85(a)(3)(iv)(D), if NMFS determines that the area can be
reopened without exceeding the GB cod TAC for the 2007 fishing year.
Vessel owners that have made a correct VMS declaration indicating
their intention to fish in the Eastern U.S./Canada Area, and crossed
the demarcation line prior to 0001 hr June 20, 2007 may continue their
trip and fish in the Eastern U.S./Canada Area. Vessels that are
currently declared into the Eastern U.S./Canada Area and have already
``flexed out'' or ``flexed west,'' may not reenter the Eastern U.S./
Canada Area after 0001 hr June 20, 2007. Any vessel that leaves the
Eastern U.S./Canada Area after 0001 hr June 20, 2007 is prohibited from
reentering the Eastern U.S./Canada Area for the remainder of the
fishing year, unless otherwise notified.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), the Assistant
Administrator finds good cause to waive prior notice and opportunity
for public comment, as well as the delayed effectiveness for this
action, because prior notice and comment, and a delayed effectiveness,
would be impracticable and contrary to the public interest. This action
will temporarily close the Eastern U.S./Canada Area to NE multispecies
DAS vessels. This action is necessary to slow the catch rate of GB cod
in the Eastern U.S./Canada Area and prevent the Eastern U.S./Canada
Area GB cod TAC from being exceeded during the 2007 fishing year.
Because of the rapidly increasing GB cod harvest rate, the small GB cod
TAC, and the substantial increase of fishing activity in the Eastern
U.S./Canada Area beginning June 1, 2007, it is projected that 100
percent of the GB cod TAC will be harvested by July 12, 2007. This
projection was not available until June 14, 2007.
This action is authorized by the regulations at Sec.
648.85(a)(3)(iv)(D) to prevent over-harvesting, or to facilitate
achieving, the U.S./Canada Management Area TACs. The time necessary to
provide for prior notice, opportunity for public comment, and delayed
effectiveness for this action would prevent the agency from taking
immediate action to slow the catch rate of GB cod in the Eastern U.S./
Canada Area and prevent the Eastern U.S./Canada Area GB cod TAC from
being exceeded prior to the end of the 2007 fishing year. Such a delay
would allow the observed high catch rate of GB cod to continue and
would result in excessive discards of GB cod. Similarly, the recent
high rates of GB haddock discard would likely also continue, resulting
in a high level of GB haddock mortality with neither corresponding
landings, nor value, accruing to participating vessels. To allow
vessels to continue directed fishing effort on GB
[[Page 34412]]
cod and GB haddock during the period necessary to publish and receive
comments on a proposed rule could allow the GB cod harvest to exceed
the GB cod TAC for the 2007 fishing year and allow excessive amounts of
small haddock to continue to be discarded. Exceeding the 2007 TAC for
GB cod would increase mortality of this overfished stock beyond that
evaluated during the development of Amendment 13, resulting in
decreased revenue for the NE multispecies fishery, increased negative
economic impacts to vessels operating in the Eastern U.S./Canada Area,
a reduced chance of achieving optimum yield in the groundfish fishery,
and unnecessary delays to the rebuilding of this overfished stock.
Exceeding the 2007 GB cod TAC would also necessitate that any overages
of the GB cod TAC during the 2007 fishing year be deducted from the GB
cod TAC for the 2008 fishing year. Reducing the 2008 TAC due to
exceeding the 2007 TAC caused by delaying this action, therefore, would
create an unnecessary burden on the fishing industry and further
negative economic and social impacts that were not previously
considered.
The public is able to obtain information on the rate of harvest of
the GB cod TAC via the Northeast Regional Office website (http://www.nero.noaa.gov
), which provided some advanced notice of a potential
action to prevent the TAC for GB cod from being exceeded during the
2007 fishing year. Further, the potential for this action was
considered and open to public comment during the development of
Amendment 13 and FW 42 to the FMP. Therefore, any negative effect the
waiving of public comment and delayed effectiveness may have on the
public is mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 18, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-3068 Filed 6-19-07; 2:08 pm]
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