[Federal Register: April 10, 2007 (Volume 72, Number 68)]
[Rules and Regulations]
[Page 17806-17807]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap07-7]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 04011-2010-4114-02; I.D. 040407D]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Modification of the Yellowtail Flounder Landing
Limit for the U.S./Canada Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; landing limit.
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SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is increasing the Georges Bank (GB)
yellowtail flounder trip limit to 25,000 lb (11,340 kg) for NE
multispecies days-at-sea (DAS) vessels fishing in the U.S./Canada
Management Area. This action is authorized by the regulations
implementing Amendment 13 to the NE Multispecies Fishery Management
Plan and is intended to prevent under-harvesting of the Total Allowable
Catch (TAC) for GB yellowtail flounder while ensuring that the TAC will
not be exceeded during the 2006 fishing year. This action is being
taken to provide additional opportunities for vessels to fully harvest
the GB yellowtail flounder TAC under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
DATES: Effective April 5, 2007, through April 30, 2007.
FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Management
Specialist, (978) 281-9273, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the GB yellowtail
flounder landing limit within the U.S./Canada Management Area are found
at Sec. 648.85(a)(3)(iv)(C) and (D). The regulations authorize vessels
issued a valid limited access NE multispecies permit and fishing under
a NE multispecies DAS to fish in the U.S./Canada Management Area, as
defined at Sec. 648.85(a)(1), under specific conditions. The TAC for
GB yellowtail flounder for the 2006 fishing year (May 1, 2006 - April
30, 2007) is 2,070 mt. The regulations at Sec. 648.85(a)(3)(iv)(D)
authorize the Regional Administrator to increase or decrease the trip
limits in the U.S./Canada Management Area to prevent over-harvesting or
under-harvesting the TAC allocation. On March 8, 2007, the 10,000-lb
(4,536-kg) trip limit for GB yellowtail flounder was reduced to 5,000
lb (2,268 kg) in the Eastern U.S./Canada Area to prevent over-
harvesting the TAC (72 FR 10426), and the requirement to only use a
haddock separator trawl in the Eastern U.S./Canada Area was removed.
Currently, NE multispecies vessels fishing in the Eastern U.S./Canada
Area under a NE multispecies day-at-sea (DAS) with trawl gear must use
either a haddock separator trawl or a flounder trawl net, as specified
at Sec. 648.85(a)(3)(iii). Based upon the most
[[Page 17807]]
recent Vessel Monitoring System (VMS) reports and other available
information, the Regional Administrator has determined that the current
rate of harvest will result in the under-harvest of the GB yellowtail
flounder TAC during the 2006 fishing year. Based on this information,
the Regional Administrator is increasing the current 10,000-lb (4,536-
kg) trip limit in the Western U.S./Canada Area, and the 5,000-lb
(2,268-kg) trip limit in the Eastern U.S./Canada Area to 25,000 lb
(11,340 kg) in both areas, effective April 5, 2007, through April 30,
2007. Accordingly, there is a 25,000-lb (11,340-kg) trip limit on the
amount of GB yellowtail flounder that can be harvested or landed for
the remainder of the fishing year for vessels subject to these
regulations. GB yellowtail flounder landings will be closely monitored
through VMS and other available information. Should 100 percent of the
TAC allocation for GB yellowtail flounder be projected to be harvested,
the Eastern U.S./Canada Area will close to all groundfish DAS vessels,
and all vessels will be prohibited from harvesting, possessing, or
landing yellowtail flounder from the U.S./Canada Management Area for
the remainder of the fishing year. Additionally, the Eastern GB cod TAC
will also be closely monitored, and should 100 percent of its TAC
allocation be projected to be harvested, groundfish DAS vessels will be
prohibited from entering the Eastern U.S./Canada Area for the remainder
of the fishing year, as required by the regulations at Sec.
648.85(a)(3)(iv).
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator (AA)
finds good cause to waive prior notice and opportunity for public
comment for this action, because notice and comment would be
impracticable and contrary to the public interest. The regulations at
Sec. 648.85(a)(3)(iv)(D) grant the Regional Administrator the
authority to adjust the GB yellowtail flounder trip limits to prevent
over-harvesting or under-harvesting the TAC allocation. Given that
approximately 20 percent of the GB yellowtail flounder TAC remains
unharvested and the 2006 fishing year ends on April 30, 2007, the time
necessary to provide for prior notice, opportunity for public comment,
or delayed effectiveness would prevent the agency from ensuring that
the 2006 TAC for GB yellowtail flounder will be fully harvested. If
implementation of this action is delayed, the NE multispecies fishery
could be prevented from fully harvesting the TAC for GB yellowtail
flounder during the 2006 fishing year. Under-harvesting the GB
yellowtail TAC would result in increased economic impacts to the
industry and social impacts beyond those analyzed for Amendment 13, as
the full potential revenue from the available GB yellowtail flounder
TAC in the U.S./Canada Management Area would not be realized. This
action also relieves a restriction placed on the NE multispecies
fishing industry by liberalizing the trip limits for GB yellowtail
flounder.
For the reasons specified above and because this action relieves a
restriction, the AA finds good cause, pursuant to 5 U.S.C. 553(d)(3),
to waive the entire 30-day delayed effectiveness period for this
action. A delay in the effectiveness of the trip limit modification in
this rule would prevent the agency from meeting its management
obligation and ensuring the opportunity for the 2006 TAC for GB
yellowtail flounder specified for the U.S./Canada Management Area to be
harvested at a level that approaches optimum yield. Any such delay
could lead to the negative impacts to the fishing industry described
above.
The rate of harvest of the GB yellowtail flounder TAC in the U.S./
Canada Management Area is updated weekly on the internet at http://www.nero.noaa.gov.
Accordingly, the public is able to obtain
information that would provide at least some advanced notice of a
potential action to provide additional opportunities to the NE
multispecies industry to fully harvest the TAC for GB yellowtail
flounder during the 2006 fishing year. Further, the potential for this
action was considered and open to public comment during the development
of Amendment 13 and Framework 42. 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: April 5, 2007.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-1764 Filed 4-5-07; 1:36 pm]
BILLING CODE 3510-22-S