[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Rules and Regulations]
[Pages 23939-23940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9125]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000407096-0096-01 ; I.D. 050205A]


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; Commercial Haddock 
Harvest

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

[[Page 23940]]


ACTION: Removal of haddock trip limits.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), is eliminating the daily and maximum haddock 
trip limits for the groundfish fishery for the remainder of the 2005 
fishing year, through April 30, 2006. Accordingly, there is no trip 
limit on the amount of haddock that can be harvested or landed for the 
rest of the fishing year for vessels subject to these regulations. The 
Regional Administrator has projected that less than 75 percent of the 
haddock target total allowable catch (TAC) will be harvested for the 
2005 fishing year under the restrictive daily possession and trip 
limits. This action is intended to allow fishermen to catch the haddock 
TAC, without exceeding the TAC.

DATES: Effective May 3, 2005, through April 30, 2006.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
phone (978) 281-9347, fax (978) 281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Framework Adjustment 33 to the Northeast 
(NE) Multispecies Fishery Management Plan (FMP), which became effective 
May 1, 2000, implemented the current haddock trip limit regulations (65 
FR 21658). To ensure that haddock landings do not exceed the 
appropriate target TAC, Framework 33 established a haddock trip limit 
of 3,000 lb (1,360.8 kg) per NE multispecies day-at-sea (DAS) and a 
maximum trip limit of 30,000 lb (13,608 kg) of haddock for the period 
May 1 through September 30; and 5,000 lb (2,268 kg) of haddock per DAS 
and 50,000 lb (22,680 kg) per trip from October 1 through April 30. 
Framework 33 also implemented a mechanism to adjust the haddock trip 
limit based upon the percentage of TAC that is projected to be 
harvested. Section 648.86(a)(1)(iii)(B) specifies that, if the Regional 
Administrator projects that less than 75 percent of the haddock target 
TAC will be harvested in the fishing year, the trip limit may be 
adjusted or eliminated. Further, the regulations require that NMFS 
publish notification in the Federal Register informing the public of 
the date of any change to the trip limit.
    The Supplemental Environmental Impact Statement (SEIS) prepared for 
Amendment 13 to the FMP (Amendment 13) estimated the total target TAC 
for the Gulf of Maine (GOM) and Georges Bank (GB) haddock stocks for 
the 2005 fishing year at 32,427 mt (71,487,267 lb), including both U.S. 
and Canadian landings. The Canadian quota for eastern GB haddock was 
set at 15,410 mt (33,972,270 lb). Therefore, the U.S. portion of the 
total target TAC for haddock for the 2005 fishing year is the 
difference between the entire haddock target TAC and the Canadian TAC, 
or 17,017 mt (37,514,997 lb). This amount includes the target TAC for 
the GOM and GB haddock stocks, as well as a haddock TAC of 7,590 mt 
(16,732,610 lb) specific to the Eastern U.S./Canada Area.
    Based on recent historical fishing practices and preliminary 
landings data, the Regional Administrator has projected that less than 
75 percent of the haddock target TAC for the 2005 fishing year (17,017 
mt) will be harvested by April 30, 2006, under the restrictive daily 
possession and trip limits. Furthermore, this projection indicates that 
eliminating the daily and maximum trip limits for haddock would not 
likely precipitate haddock landings reaching the Eastern U.S./Canada 
Area haddock TAC of 7,590 mt. The Regional Administrator has therefore 
determined that eliminating the 3,000-lb (1,360.8-kg) and 5,000-lb 
(2,268-kg) daily haddock possession limits as well as the associated 
30,000-lb (13,608-kg) and 50,000-lb (22,680-kg) per trip possession 
limits for May 1 through September 30, 2005, and October 1, 2005, 
through April 30, 2006, respectively, will increase the likelihood that 
at least 75 percent of the target TAC will be harvested for the 2005 
fishing year. In order to prevent the TAC from being exceeded, the 
Regional Administrator will continue to monitor haddock landings and 
adjust the trip limit through publication of a notification in the 
Federal Register, pursuant to Sec.  648.86(a)(1)(iii), if necessary.

Classification

    The Assistant Administrator for Fisheries, NOAA, finds good cause 
to waive the requirement to provide prior notice and opportunity for 
public comment pursuant to the authority set forth at 5 U.S.C. 
553(b)(B) as such requirement is impracticable and contrary to the 
public interest in this instance. To further delay the elimination of 
the haddock trip limits is contrary to the public interest because it 
would unnecessarily result in wasteful discards and prevent the haddock 
fishery from achieving optimum yield. Moreover, the public had 
opportunity to comment on the adjustment of haddock trip limits and its 
consequences at the time the trip limits were implemented.
    This action relieves a restriction by eliminating unnecessary daily 
and maximum trip limits for haddock for the remainder of the 2005 
fishing year. These limits were implemented to prevent the target TAC 
for haddock from being exceeded. The target TAC for haddock has not 
been exceeded since 1996. Eliminating these restrictions will allow the 
fishing industry to harvest at least 75 percent of the target TAC for 
haddock during the 2005 fishing year. Further, eliminating these 
restrictions will allow vessels to possess and land haddock in excess 
of the daily and maximum trip limits, thereby preventing biological 
waste and providing an opportunity to offset some of the adverse 
economic impacts resulting from the implementation of Amendment 13. 
Therefore, because this rule relieves a restriction pursuant to 5 
U.S.C. 553(d)(1) of the Administrative Procedure Act, the Assistant 
Administrator for Fisheries, NOAA, waives the 30-day delay in 
effectiveness date for this final rule. 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: May 2, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-9125 Filed 5-3-05; 2:24 pm]
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