[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Rules and Regulations]
[Pages 2820-2821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-926]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040112010-4114-02; I.D.011105I]
Northeast (NE) Multispecies Fishery; Re-opening of the Eastern
U.S./Canada Area; and Removal of Daily Poundage Limits for Yellowtail
Flounder in the U.S./Canada Management Area, and Cod in the Eastern
U.S./Canada Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Re-opening and removal of daily poundage limits.
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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS
(Regional Administrator), is re-opening the Eastern U.S./Canada Area to
all limited access NE multispecies days-at-sea (DAS) vessels and is
removing the prohibition on all NE multispecies limited access vessels
from harvesting, possessing, or landing Georges Bank (GB) yellowtail
flounder from within the entire U.S./Canada Management Area. This
action also removes the yellowtail flounder and cod daily poundage
limits for the entire U.S./Canada Management Area and Eastern U.S./
Canada Area, respectively, but retains the 15,000 lb (6,804 kg) trip
limit for GB yellowtail flounder and a 5,000 lb (2,268 kg) trip limit
for GB cod, consistent with ensuring that the Total Allowable Catches
(TACs) for these species will not be exceeded by the end of the 2004
fishing year.
DATES: Effective 0001 hr local time, January 14, 2005, through 2400 hr
local time April 30, 2005.
FOR FURTHER INFORMATION CONTACT: Karen Tasker, Fishery Management
Specialist, (978) 281-9273, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the yellowtail
flounder and cod landing limits within the U.S./Canada Management Area
are found at 50 CFR 648.85(a)(3)(iv). 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 under
specific conditions. The TAC allocation for GB yellowtail flounder for
the 2004 fishing year was specified at 6,000 mt in the final rule
implementing Amendment 13 to the NE Multispecies Fishery Management
Plan (FMP). Once 30 percent and/or 60 percent of the yellowtail
flounder TAC allocations specified for the U.S./Canada Management Area
are projected to have been harvested, the regulations at Sec.
648.85(a)(3)(iv)(D) authorize the Regional Administrator to close
access to the Eastern U.S./Canada Area to all limited access NE
multispecies DAS vessels and prohibit all NE multispecies limited
access vessels from harvesting, possessing, or landing GB yellowtail
flounder from the entire U.S./Canada Management Area to prevent
overharvesting or underharvesting the yellowtail flounder TAC
allocation.
Based upon Vessel Monitoring System (VMS) reports and other
available information, the Regional Administrator determined that 85
percent of the GB yellowtail flounder TAC had been harvested by October
1, 2004 (69 FR 59815, October 6, 2004). NMFS closed the Eastern U.S./
Canada Area, effective October 1, 2004, to all NE multispecies DAS
vessels and prohibited all NE multispecies vessels from harvesting,
possessing, or landing GB yellowtail flounder from the U.S./Canada
Management Area, because of concerns that the yellowtail flounder TAC
would be fully harvested or overharvested prior to the end of the
fishing year. Full harvest or overharvest of the TAC was anticipated
due to the amount of yellowtail flounder harvested by vessels targeting
yellowtail flounder in the U.S./Canada Management Area, and because of
concerns regarding expected yellowtail flounder bycatch by vessels
targeting groundfish other than yellowtail flounder within the U.S./
Canada Management Area. Additional concern was raised by the potential
impact that may be caused by scallop vessels fishing in Closed Area II
under the Sea Scallop Access Program implemented under Frameworks 16/39
to the Atlantic Sea Scallop/NE Multispecies FMPs. Because of these
potential sources of yellowtail flounder harvest, this action was
necessary to ensure that the GB yellowtail flounder TAC would not be
exceeded during the 2004 fishing year.
At this time, data indicate that the amount of GB yellowtail
flounder harvested under the Sea Scallop Access Program and the amount
of GB yellowtail flounder bycatch caught by
[[Page 2821]]
vessels targeting groundfish other than yellowtail flounder within the
U.S./Canada Management Area will likely not result in the overharvest
of the TAC. Therefore, under the authority of Sec.
648.85(a)(3)(iv)(D), NMFS is re-opening the U.S./Canada Management Area
to NE multispecies DAS vessels, and removing the prohibition on the
harvest, possession, and landing of GB yellowtail flounder by all NE
multispecies vessels within the entire U.S./Canada Management Area,
effective January 14, 2005. In addition, this action removes the
previous daily poundage limits for GB yellowtail flounder and GB cod
for the entire U.S./Canada Management Area and the Eastern U.S./Canada
Area, respectively, and reinstates the 15,000 lb (6,804 kg) and 5,000
lb (2,268 kg) trip limit for GB yellowtail flounder and GB cod,
respectively, consistent with ensuring that the TACs for these species
will not be exceeded by the end of the 2004 fishing year. Removal of
the daily poundage limits for these species provides flexibility to the
fishing industry by allowing vessels that may need to end their trip
prematurely due to an unexpected event, such as poor weather
conditions, with the ability to retain their catch onboard when
entering port (catches of species with daily poundage caps must be
offloaded when a vessel enters port). The overall trip limits will help
ensure that the mortality goals of the FMP are met. Additionally, trawl
vessels fishing in the Eastern U.S./Canada Area may only fish with a
haddock separator net, as described in Sec. 648.85(a)(3)(iii)(A), for
the purposes of reducing bycatch of both GB cod and GB yellowtail
flounder to allow greater access to the remaining GB haddock TAC for
the rest of the fishing year.
Yellowtail flounder landings will be closely monitored through VMS
and other available information and, once 100 percent of the TAC
allocation for GB yellowtail flounder is projected to be harvested, the
Eastern U.S./Canada Area will be closed to NE multispecies DAS vessels
and the harvesting, possession, and landing of yellowtail flounder by
NE multispecies vessels in the U.S./Canada Management Area will be
prohibited, in accordance with the regulations Sec.
648.85(a)(3)(iv)(C)(3).
Classification
This action re-opens the Eastern U.S./Canada Area to the harvest of
GB yellowtail flounder, and essentially restores access to this area
with similar restrictions before the closure by removing a prohibition
on the possession of GB yellowtail flounder in the U.S./Canada
Management Area in order to allow vessels to fully harvest the TAC of
GB yellowtail flounder. If implementation of this action is delayed,
NMFS could be prevented from permitting the full harvest of the GB
yellowtail flounder stock, GB cod, and GB haddock TACs. The directed
harvest of the GB yellowtail flounder stock began on May 1, 2004, and
additional fishing opportunity on the stock was provided as of June 1,
2004, with the opening of the Closed Area II Yellowtail Flounder
Special Access Program (SAP). If a proposed rule for this action, or
delay in effectiveness were required, access to the Eastern U.S./Canada
Area, as well as the ability to harvest yellowtail flounder from within
the entire U.S./Canada Management Area, would be delayed and would
create an unnecessary burden on the industry. For the above reason,
under 5 U.S.C. 553(b)(3), proposed rulemaking is not necessary because
it would be contrary to the public interest. Furthermore, because this
rule relieves a restriction, there is good cause under 5 U.S.C
553(d)(3) to waive the 30-day delayed effectiveness period for this
action.
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-926 Filed 1-12-05; 4:30 pm]
BILLING CODE 3510-22-S