[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Rules and Regulations]
[Pages 14347-14348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7062]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020409080-3061-08; I.D. 031003C]
RIN 0648-AP78


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Final rule; amendment to an interim final rule.

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SUMMARY: NMFS announces a correction to the August 1, 2002, interim 
final rule implementing restrictions specified in the Settlement 
Agreement Among Certain Parties (Settlement Agreement), which was 
ordered to be implemented by the U.S. District Court for the District 
of Columbia (Court) in a Remedial Order (Order) issued on May 23, 2002. 
The Interim Final Rule contained an inadvertent error in the 
coordinates defining the seasonal Gulf of Maine (GOM) Rolling Closure 
Area II under the Northeast (NE) Multispecies Fishery Management Plan 
(FMP). The intent of this action is to correct the inadvertent error to 
the GOM Rolling Closure Area II coordinates. This action is being taken 
by NMFS under the authority of section 305(c) and (d) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective March 25, 2003.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery 
Management Specialist, 978-281-9141.

SUPPLEMENTARY INFORMATION:

Background

    Regulations implementing the seasonal (April) GOM Rolling Closure 
Area II were published on May 5, 1999 (64 FR 24066), as part of the 
final rule implementing regulations in Framework Adjustment 27 of the 
NE Multispecies FMP. Since that time, no formal adjustments to this 
area have been approved by NMFS.
    On May 23, 2002, the Court issued an Order in the case of 
Conservation Law Foundation, et al. v. Evans et al. (Case No. 001134 
GK)(D.D.C. May 23, 2002) that the Settlement Agreement be implemented 
according to its terms to reduce overfishing, until the implementation 
of Amendment 13 to the FMP.
    On August 1, 2002, NMFS published an interim final rule 
implementing the additional restrictions specified in the Settlement 
Agreement. These restrictions were intended to reduce overfishing and 
bycatch on species managed under the FMP, under the authority of 
section 305(c) of the Magnuson-Stevens Act. The August 1, 2002, interim 
final rule contained an inadvertent error in the coordinates defining 
the GOM Rolling Closure Area II at Sec.  648.81(g)(1)(ii). The final 
two coordinate points for the GOM Rolling Closure Area II were 
erroneously defined as GM6, at 42[deg]30' N. lat. and 68[deg]30' W. 
long.; and GM9, at 42[deg]30' N. lat. and the intersection with the 
Massachusetts shoreline. The correct coordinate points are GM13, at 
43[deg]00' N. lat. and 68[deg]30' W. long.; and GM10, at 43[deg]00' N. 
lat. and the intersection with the New Hampshire shoreline.
    The text of the Settlement Agreement, as well as the preamble to 
the August 1, 2002, interim final rule, stated that all measures that 
were in effect prior to May 1, 2002, and that were not amended by the 
August 1, 2002, interim final rule, would remain in effect. The 
Settlement Agreement identified several measures to be undertaken to 
reduce fishing mortality in the NE multispecies fishery, including 
additional inshore closure areas during the months of May and June. 
However, the Settlement Agreement did not specify any changes to the 
April closure area as defined in Framework Adjustment 27 to the FMP. 
Accordingly, the August 1, 2002, interim final rule only specified that 
changes were made to the GOM Rolling Closure Areas III and IV, for the 
months of May and June, respectively. The inadvertent error regarding 
the GOM Rolling Closure Area II occurred in the drafting of the section 
of the proposed rule to implement the changes to Areas III and IV. In 
the proposed rule, the subparagraph relating to Area II was included 
merely to provide the full context of the changes to Areas III and IV. 
In the process of including the Area II subparagraph, the incorrect 
coordinates were inadvertently specified.

[[Page 14348]]

    Accordingly, this rule amends the interim final rule by correcting 
the erroneous coordinate points by replacing points GM6 and GM9 with 
points GM13 and GM10. Advisory letters that were sent to current NE 
multispecies permit holders explaining the changes to the regulations 
based upon the August 1, 2002, interim final rule included a map that 
correctly depicted the GOM Rolling Closure Area II.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause to waive the requirement to provide prior notice and the 
opportunity for public comment on this amendment to an interim final 
rule to correct the coordinates defining the GOM Rolling Closure Area 
II as published in the August 1, 2002, interim final rule, pursuant to 
authority set forth at 5 U.S.C. 553(b)(B), because such procedures 
would be impracticable and contrary to the public interest. This action 
is necessary to protect groundfish, in particular, GOM cod, during the 
April season within the GOM Rolling Closure Area II, as initially 
intended in Framework Adjustment 27.
    NMFS is required pursuant to a Settlement Agreement that was 
subsequently ordered to be implemented by the U.S. District Court for 
the District of Columbia to ensure that certain status quo measures are 
implemented through the August 1, 2002, interim final rule. Rolling 
Closure Area II is one of the status quo measures reflected in the 
Settlement Agreement and is expected to take effect on April 1, 2003. 
Because NMFS must adhere to the Settlement Agreement, it is 
impracticable for NMFS to provide prior notice and opportunity for 
public comment.
    In addition, it would be contrary to the public interest to provide 
prior notice and opportunity for public comment because the Rolling 
Closure Areas serve to provide protection to a number of groundfish 
stocks. This closure area (i.e. Rolling Closure Area II) was originally 
established to protect groundfish stocks based upon the results of the 
27th Annual Stock Assessment Workshop (SAW 27) of 1998. SAW 27 
indicated that the GOM cod stock was collapsing. The report specified 
that GOM cod were overexploited, that recruitment continued to remain 
at record low levels, and that spawning stock biomass was projected to 
decline to the lowest level ever observed. Due to the critical 
condition of GOM cod, the New England Fishery Management Council 
(Council) voted to adopt management measures in Framework Adjustment 27 
to reduce fishing mortality in order to prevent overfishing. Based on 
analyses in Framework Adjustment 27, the measures in that framework, 
including area closures, would meet the conservative mortality 
reduction needed for groundfish species. Framework Adjustment 27 was 
published on May 5, 1999. Rolling Closure Area II which is scheduled to 
take effect on April 1, 2003, serves to insure the conservation of 
vulnerable and depleted GOM cod stocks by reducing fishing mortality in 
specific inshore areas and during specific time periods considered 
important to the rebuilding of the species.
    Moreover, the management measures contained in this amendment to an 
interim final rule received prior notice and public comment through the 
Council's framework process and the publication of a proposed rule for 
Framework Adjustment 27 on March 29, 1999. NMFS responded to these 
comments in the final rule published on May 5, 1999. Additionally, NMFS 
did not receive any comments on the Rolling Closure Areas in the August 
1, 2002, Interim Final Rule.
    Because this final rule must be made effective by April 1, 2003, 
consistent with the Settlement Agreement and, because of the need to 
maintain the conservation potential of this closure area, the AA finds 
good cause to waive the 30-day delay in effective date under 5 U.S.C. 
553(d)(3).
    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The analytical requirements of the Regulatory Flexibility Act do 
not apply because this rule is not subject to prior notice and 
opportunity for public comment.

List of Subjects in 50 CFR part 648

    Fisheries, Fishing, Reporting and recordkeeping.

    Dated: March 19, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons stated in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  648.81, paragraph (g)(1)(ii) is revised to read as 
follows:


Sec.  648.81  Closed areas.

* * * * *
    (g) * * *
    (1) * * *
    (ii) Rolling Closure Area II. From April 1 through April 30, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area II, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Rolling Closure Area II
                           [April 1-April 30]
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
                      GM1                        42[deg]00'        (\1\)
                      GM2                        42[deg]00'        (\2\)
                      GM3                        42[deg]00'        (\3\)
                      GM5                        42[deg]00'   68[deg]30'
                     GM13                        43[deg]00'   68[deg]30'
                     GM10                        43[deg]00'        (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ New Hampshire shoreline.

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[FR Doc. 03-7062 Filed 3-20-03; 4:09 pm]
BILLING CODE 3510-22-S