[Federal Register: November 30, 2007 (Volume 72, Number 230)]
[Rules and Regulations]
[Page 67672-67673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no07-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040112010-4114-02]
RIN 0648-XE06
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
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; trip limit change.
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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 7,500 lb (3,402 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 2007 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 November 27, 2007, through April 30, 2008.
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 Sec. 648.85(a)(3)(iv)(C) and (D). The regulations authorize vessels
issued a valid Federal 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 2007 fishing
year (May 1, 2007 - April 30, 2008) is 900 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 April 24, 2007 (72 FR 20287), based upon the reduced 2007 TAC
for GB yellowtail flounder (a 43 reduction from 2006) and projections
of harvest rates in the fishery, the trip limit for GB yellowtail
flounder was set at 3,000 lb (1,361 kg) for the 2007 fishing year, to
prevent the over-harvest of the 2007 GB yellowtail flounder TAC, to
prevent a premature closure of the Eastern U.S./Canada Management Area
and, therefore, reduced opportunities to fish for Eastern GB cod and
haddock in the Eastern U.S./Canada Area.
According to the most recent Vessel Monitoring System (VMS) reports
and other available information, only 45 percent of the TAC had been
harvested as of November 21, 2007. Of this total, discards account for
over 36 percent of the GB yellowtail harvest to date. Based on this
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 2007 fishing year. Increasing the GB yellowtail
flounder trip limit from 3,000 lb (1,361 kg) to 7,500 lb (3,402 kg) is
expected to increase landings of GB yellowtail flounder, reduce
discards, and result in the achievement of the TAC during the fishing
year without exceeding it. Based on this information, the Regional
Administrator is increasing the current 3,000-lb (1,361-kg) trip limit
in the U.S./Canada Area to 7,500 lb (3,402 kg), effective November 27,
2007, through April 30, 2008. GB yellowtail flounder landings will
continue to be closely monitored. Should 100 percent of the TAC
allocation for GB yellowtail flounder be projected to be harvested, the
Eastern U.S./Canada Management 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.
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)(3)(B) and (d)(3), there is 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 would relieve a restriction by
increasing the trip limit for GB yellowtail flounder for all NE
multispecies DAS vessels through April 30, 2008, to facilitate the
harvest of the TAC for GB yellowtail flounder while ensuring that the
TAC will not be exceeded during the 2007 fishing year. This will result
in decreased regulatory discards of GB yellowtail flounder, increased
revenue for the NE multispecies fishery, and an increased chance of
achieving optimum yield in the groundfish fishery.
This action is authorized by the regulations at Sec.
648.85(a)(3)(iv)(D) to facilitate achieving the U.S./Canada Management
Area TACs. It is important to take this action immediately because the
current restrictive GB yellowtail flounder trip limit (3,000 lb, 1,361
kg) has resulted in a high discard rate of GB yellowtail flounder (36
percent) and has prevented the NE multispecies fishery from harvesting
the TAC at a rate that will result in complete harvest by the end of
the 2007 fishing year. Delay in the implementation of this action could
result in further wasteful discards of GB yellowtail flounder and
decrease the opportunity available for vessels to fully harvest the
2007 GB yellowtail flounder TAC.
The time necessary to provide for prior notice, opportunity for
public comment, and delayed effectiveness for this action would prevent
NE multispecies DAS vessels from efficiently targeting GB yellowtail
flounder in the U.S./Canada Management Area. The Regional
Administrator's authority to increase trip limits for GB yellowtail
flounder in the U.S./Canada Management Area to help ensure that the
shared U.S./Canada stocks of fish are harvested, but not exceeded, was
considered and open to public comment during the development of
Amendment 13 and Framework Adjustment 42. Further, the potential of
increasing the GB yellowtail flounder trip limit was announced to the
public when the 3,000-lb (1,361-kg) trip limit was announced prior to
the start of the 2007 fishing year. 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.
[[Page 67673]]
Dated: November 27, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-5887 Filed 11-27-07; 2:08 pm]
BILLING CODE 3510-22-S