[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59815-59816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22481]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040112010-4114-02; I.D. 093004C]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Closure of the Eastern U.S./Canada Area and 
Prohibition of Harvesting, Possessing, or Landing of Yellowtail 
Flounder from the U.S./Canada Management Area

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

ACTION: Closure of the Eastern U.S./Canada Area and prohibition of 
harvesting, possessing, or landing of yellowtail flounder from the 
U.S./Canada Management Area.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has determined that 85 percent of the total 
allowable catch (TAC) of Georges Bank (GB) yellowtail flounder 
allocated to be harvested from the Western and Eastern U.S./Canada 
Areas has been harvested by October 1, 2004. To prevent the GB 
yellowtail flounder TAC allocation from being exceeded, the Regional 
Administrator is closing the Eastern U.S./Canada Area to all limited 
access NE multispecies days-at-sea (DAS) vessels, unless participating 
in a future approved Special Access Program (SAP) for which the TAC 
allocation for the target stock for that SAP has not been fully 
harvested. In addition, the Regional Administrator is prohibiting all 
limited access NE multispecies DAS vessels from harvesting, possessing, 
or landing GB yellowtail flounder from within the entire U.S./Canada 
Management Area, effective October 1, 2004.

DATES: Effective October 1, 2004, 2004, through April 30, 2005.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy 
Analyst, (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the yellowtail 
flounder landing limit within the Western and Eastern U.S./Canada Areas 
are found at 50 CFR 648.85(a)(3)(iv)(C). 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) (April 27, 2004, 69 FR 22906). Once 30 
percent and/or 60 percent of the 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 modify or close access to the Eastern U.S./Canada Area 
to all limited access NE multispecies DAS vessels and prohibit all 
limited access NE multispecies DAS vessels from harvesting, possessing, 
or landing GB yellowtail flounder from the entire U.S./Canada 
Management Area to prevent over-harvesting the yellowtail flounder TAC 
allocation.
    Based upon Vessel Monitoring System reports and other available 
information, the Regional Administrator has determined that 85 percent 
of the GB yellowtail flounder TAC of 6,000 mt has been harvested by 
October 1, 2004. Due to concerns regarding expected yellowtail flounder 
bycatch by vessels targeting groundfish other than yellowtail flounder 
within the U.S./Canada Management Area and the

[[Page 59816]]

potential impact of scallop vessels fishing in Closed Area II under the 
Sea Scallop Access Program proposed under Framework 16/39 to the 
Atlantic Sea Scallop and NE Multispecies FMPs, respectively, the 
Regional Administrator is closing the Eastern U.S./Canada Area to all 
limited access NE multispecies DAS vessels, unless they are 
participating in a future approved SAP for which the TAC allocation for 
the target stock for that SAP has not been fully harvested. In 
addition, the Regional Administrator is prohibiting all limited access 
NE multispecies DAS vessels from harvesting, possessing, or landing GB 
yellowtail flounder from the entire U.S./Canada Management for the 
remainder of the fishing year, effective October 6, 2004. This action 
is being taken at this time to ensure that the TAC for GB yellowtail 
flounder will not be exceeded during the 2004 fishing year.

Classification

    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: September 30, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-22481 Filed 10-1-04; 3:29 pm]
BILLING CODE 3510-22-S