[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Rules and Regulations]
[Pages 4758-4759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-343]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070227048-7091-02]
RIN 0648-XF04
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Prohibition on the Possession of Yellowtail
Flounder in the U.S./Canada Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; possession prohibition.
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SUMMARY: NMFS announces that 100 percent of the Georges Bank (GB)
yellowtail flounder Total Allowable Catch (TAC) has been harvested, and
that the Administrator, Northeast (NE) Region, NMFS (Regional
Administrator), is prohibiting the harvest, possession, and landing of
GB yellowtail flounder by all federally permitted vessels within the
entire U.S./Canada Management Area, and maintaining the Eastern U.S./
Canada Area closure to limited access NE multispecies days-at-sea (DAS)
vessels for the remainder of the 2007 fishing year (through April 30,
2008). This action is being taken under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
is required by the regulations implementing Amendment 13 to the NE
Multispecies Fishery Management Plan (FMP), and is intended to prevent
over-harvest of the TAC for GB yellowtail flounder during the 2007
fishing year.
DATES: Effective 0001 hours local time January 24, 2008, 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 is 900 mt. The regulations at Sec. 648.85(a)(3)(iv)(D) authorize
the Regional Administrator to increase or decrease the trip limit in
the U.S./Canada Management Area to prevent over-harvesting or under-
harvesting the TAC allocation . The regulations at Sec.
648.85(a)(3)(iv)(C)(3) require the Regional Administrator to prohibit
the harvesting, possession, and the landing of GB yellowtail flounder
by all federally permitted vessels within the entire U.S./Canada
Management Area and close the Eastern U.S./Canada Area to all limited
access NE multispecies DAS vessels for the remainder of the 2007
fishing year when 100 percent of the GB yellowtail flounder TAC is
projected to be caught.
Based upon the reduced 2007 TAC for GB yellowtail flounder (a 43-
percent reduction from 2006), the GB yellowtail flounder trip limit was
initially set at 3,000 lb (1,361 kg) per trip to prevent over-harvest
during the 2007 fishing year, and to prevent a premature closure of the
Eastern U.S./Canada Area, which could result in reduced opportunities
to fish for GB cod and GB haddock in the Eastern U.S./Canada Area. On
November 27, 2007, the GB yellowtail flounder trip limit was increased
to 7,500 lb (3,402 kg) because the 3,000-lb trip (1,361-kg) limit was
projected to result in under-harvest of the TAC. The 7,500-lb (3,402-
kg) trip limit resulted in an unpredicted high rate of GB yellowtail
flounder landings, markedly different from the historical fishing
patterns that formed the basis of the projection. On January 10, 2008,
the GB yellowtail flounder trip limit was decreased to 1,500 lb (680
kg) from 7,500 lb (3,402 kg) because the rapid catch rate observed
since implementing the 7,500-lb (3,402-kg) GB yellowtail flounder trip
limit (33 percent of the TAC was caught between December 6, 2007, and
January 3, 2008) was projected to result in the TAC being achieved on
January 23, 2008.
Based on Vessel Monitoring System data and other available
information, as of January 17, 2008, 100 percent of the GB yellowtail
flounder TAC has been caught. Based on this information, the Regional
Administrator, in accordance with the regulations at Sec.
648.85(a)(3)(iv)(C)(3), is prohibiting the harvesting, possession, and
the landing of GB yellowtail flounder by all federally permitted
vessels within the entire U.S./Canada Management Area, and closes the
Eastern U.S./Canada Area to all limited access NE multispecies DAS
vessels for the remainder of the 2007 fishing year effective 0001 hours
local time January 24, 2008, through April 30, 2008.
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 prohibits the harvest,
possession, and landing of GB yellowtail flounder by all federally
permitted vessels within the entire U.S./Canada Management Area and
closes the Eastern U.S./Canada Area to limited access NE multispecies
DAS vessels for the remainder of the 2007 fishing year (through April
30, 2008). This action is being taken to prevent the GB yellowtail
flounder TAC from being exceeded during the 2007 fishing year. This
action is required by the regulations at 50 CFR 648.85(a)(3)(iv)(C)(3)
and is non-discretionary. Since 100 percent of the GB yellowtail
flounder TAC is projected to have been harvested as of January 17,
2008, there is insufficient time to allow for public notice, comment,
and delayed effectiveness before the TAC will be exceeded.
It was not possible to take this action earlier to provide more
time for public comment because of the rapidly increasing GB yellowtail
flounder harvest rate, the reduced GB yellowtail flounder TAC, and the
ability of NMFS to monitor the harvest (the estimate that 100 percent
of the GB yellowtail flounder TAC had been harvested was not available
until January 17, 2008). Exceeding the 2007 TAC for GB yellowtail
flounder would increase mortality of this overfished stock beyond that
evaluated during the development of Amendment 13 to the FMP, resulting
in decreased revenue for the NE multispecies fishery, increased
economic impacts to vessels operating in the U.S./Canada Management
Area, a reduced chance of achieving optimum yield in the groundfish
fishery, and unnecessary delays to the rebuilding of this overfished
stock.
The potential of prohibiting the harvest, possession, and landing
of GB yellowtail flounder by all federally
[[Page 4759]]
permitted vessels within the entire U.S./Canada Management Area, and
closure of the Eastern U.S./Canada Area to limited access NE
multispecies DAS vessels, for the remainder of the 2007 fishing year
was announced to the public when the 1,500-lb (680-kg) trip limit was
implemented on January 10, 2008. The public is able to obtain
information on the rate of harvest of the GB yellowtail flounder TAC
via the Northeast Regional Office website (http://www.nero.noaa.gov),
which provides at least some advanced notice of a potential action to
prevent the TAC for GB yellowtail flounder from being exceeded during
the 2007 fishing year. Further, the Regional Administrator's authority
to prohibit the harvest, possession, and landing of GB yellowtail
flounder by all federally permitted vessels within the entire U.S./
Canada Management Area, and close the Eastern U.S./Canada Area to
limited access NE multispecies DAS vessels for the remainder of the
2007 fishing year, to ensure the shared U.S./Canada stocks of fish are
not exceeded was considered and open to public comment during the
development of Amendment 13 and Framework 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: January 23, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-343 Filed 1-23-08; 2:50 pm]
BILLING CODE 3510-22-S