[Federal Register: March 29, 2006 (Volume 71, Number 60)]
[Rules and Regulations]
[Page 15629-15630]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr06-20]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 04011-2010-4114-02; I.D. 032406B]
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 removing the Georges Bank (GB)
yellowtail flounder trip limit 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
2005 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 March 24, 2006, through April 30, 2006.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management
Specialist, (978) 281-9145, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the GB yellowtail
flounder landing limit within the U.S./Canada Management Area are found
at 50 CFR 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 2005 fishing
year (May 1, 2005 - April 30, 2006) is 4,260 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.
Based upon 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 2005 fishing year. Based on this information,
the Regional Administrator is removing the 15,000-lb (6,804.1-kg) trip
limit for NE multispecies DAS vessels fishing in the U.S./Canada
Management Area, effective March 24, 2006, through April 30, 2006.
Accordingly, there is no 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.
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 25 percent of the GB yellowtail flounder TAC remains
unharvested and the 2005 fishing year ends on April 30, 2006, the time
[[Page 15630]]
necessary to provide for prior notice, opportunity for public comment,
or delayed effectiveness would prevent the agency from ensuring that
the 2005 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 2005 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.
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 2005 catch TAC for GB
yellowtail flounder specified for the U.S./Canada Management Area to be
fully harvested. 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 2005 fishing year. Further, the potential for this
action was considered and open to public comment during the development
of Amendment 13. 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: March 24, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-3038 Filed 3-24-06; 3:11 pm]
BILLING CODE 3510-22-S