[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Rules and Regulations]
[Pages 41348-41349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14184]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040804229-4300-02; I.D. 071305B]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Prohibition of the use of Regular B Days-at-Sea 
in the Georges Bank Cod Stock Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has projected that 100 percent of the 
quarterly incidental total allowable catch (TAC) of Georges Bank (GB) 
cod specified to be harvested under the Regular B Days-at-Sea (DAS) 
Pilot Program will be harvested by July 18, 2005. Therefore, the use of 
Regular B DAS under the Regular B DAS Pilot Program is prohibited 
throughout the GB cod stock area through the end of the current quarter 
(see the DATES and SUPPLEMENTARY INFORMATION sections of this rule for 
further details). The intended effect of this action is to prevent 
over-harvesting the incidental catch TAC of GB cod under the Regular B 
DAS Pilot Program during the current quarter, in accordance with the 
Magnuson-Stevens Fishery Conservation and Management Act.

DATES: Effective 0001 hr local time, July 18, 2005, through 2400 hr 
local time, July 31, 2005. (See requirements under SUPPLEMENTARY 
INFORMATION for additional details).

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

SUPPLEMENTARY INFORMATION: The Regular B DAS Pilot Program, including 
quarterly incidental catch TAC's for species of concern, was 
implemented under Framework Adjustment 40-A (69 FR 67780, November 19, 
2004) to the NE Multispecies FMP. Regulations governing the Regular B 
DAS Pilot Program are found at 50 CFR 648.85(b)(6). These regulations 
authorize vessels issued a valid limited access NE multispecies DAS 
permit and allocated Regular B DAS to use a NE multispecies Regular B 
DAS throughout the NE multispecies regulated mesh areas outside of 
approved Special Access Programs under the conditions of the Regular B 
DAS Pilot Program. For the GB cod stock, the quarterly TAC was 
specified at 32.01 mt. According to the regulations at Sec.  
648.85(b)(6)(iv)(G), once the Regional Administrator projects that 100 
percent of one or more of the quarterly incidental catch TAC's have 
been harvested, the use of Regular B DAS under the Regular B DAS Pilot 
Program shall be prohibited for the pertinent stock area(s) for the 
duration of the quarter. The closure of a stock area will occur even if 
the incidental catch TAC's for other stocks in that stock area have not 
been completely harvested.
    Based upon Vessel Monitoring System (VMS) reports and other 
available information, the Regional Administrator has determined that 
100 percent of the 32.01-mt quarterly incidental catch TAC for GB cod 
will be harvested by July 18, 2005. Therefore, effective July 18, 2005, 
the use of Regular B DAS under the Regular B DAS Pilot Program in the 
GB Cod Stock Area, as defined at Sec.  648.85(b)(6)(v)(B), is 
prohibited through the end of the current quarter on July 31, 2005. A 
NE multispecies DAS vessel that has already declared its intent to fish 
in the GB Cod Stock Area under the Regular B DAS Pilot Program through 
VMS, departed on a trip, and crossed the VMS demarcation line prior to 
the effective date of this action must either complete its trip under a 
Regular B DAS by crossing the VMS demarcation line on its return to 
port, or flip to fishing under a Category A DAS, before 0000 hours 
local time on July 18, 2005. Beginning August 1, 2005, NE multispecies 
DAS vessels may once again fish under the Regular B DAS Pilot Program 
within the GB Cod Stock Area.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds 
good cause to waive prior notice and opportunity for public comment for 
this action because any delay of this action would be impracticable and 
contrary to the public interest. The regulations at Sec.  
648.85(b)(6)(iv)(G) require the Regional Administrator to prohibit the 
use of Regular B DAS in a particular stock area once 100 percent of the 
incidental catch TAC for that species is projected to be harvested. 
Accordingly, the action being taken by this temporary rule is non-
discretionary. This action prohibits the use of Regular B DAS in the GB 
cod stock area for the remainder of the current quarter (i.e., through 
July 31, 2005) to prevent exceeding the quarterly incidental catch TAC 
for GB

[[Page 41349]]

cod. The possibility of this closure was contemplated by Framework 40-A 
and commented on by the public. It is not practicable to allow for 
additional public comment or a delayed effectiveness because of the 
need to take immediate action as soon as the data are available 
indicating that the TAC will be reached. If implementation of this 
action is delayed, NMFS would be prevented from carrying out its 
function of preventing excessive harvest of stocks of concern under the 
Regular B DAS Pilot Program. Opportunity for public comment would allow 
the harvest of stocks of concern to continue during this quarter, 
resulting in the likelihood of exceeding the quarterly incidental catch 
TAC for GB cod. Exceeding the quarterly TAC for this species increases 
the chance that such additional mortality could further delay the 
rebuilding of this overfished stock. Exceeding the mortality targets 
for this species could potentially lead to further effort restrictions 
in the future and, therefore, further negative economic impacts to the 
fishing industry. Thus, any delay caused by further opportunity for 
public comment would be impracticable and contrary to the public 
interest. For the above reasons, under 5 U.S.C. 553(b)(3), proposed 
rulemaking is waived because it would be impracticable and contrary to 
the public interest.
    For the same reasons, the Assistant Administrator finds good cause, 
pursuant to 5 U.S.C. 553(d)(3), to waive the entire 30-day delayed 
effectiveness period for this action. The effect of this waiver is 
mitigated to some degree because the public is able to obtain 
information from the NMFS Northeast Regional Office website at http://www.nero.noaa.gov which provides catch information indicating the need 
for this action.

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

    Dated: July 13, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-14184 Filed 7-14-05; 2:52 pm]
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