[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Rules and Regulations]
[Pages 50220-50221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17024]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040804229-4300-02; I.D. 081705H]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Closure of the Eastern U.S./Canada Area and the 
Eastern U.S./Canada Haddock Special Access Program Pilot Program

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the closure of the Eastern U.S./Canada Area, 
including the Eastern U.S./Canada Haddock Special Access Program (SAP) 
Pilot Program, to limited access Northeast (NE) multispecies days-at-
sea (DAS) vessels for the remainder of the 2005 fishing year (i.e., 
through April 30, 2006), unless otherwise notified by the 
Administrator, Northeast Region, NMFS (Regional Administrator). This 
closure is based on a determination by the Regional Administrator that 
90 percent of the total allowable catch (TAC) of Georges Bank (GB) cod 
allocated to be harvested from the Eastern U.S./Canada Area has already 
been harvested during the 2005 fishing year. This action is being taken 
to prevent the 2005 TAC for GB cod in the Eastern U.S./Canada Area from 
being exceeded during the 2005 fishing year in accordance with the 
regulations implemented under Amendment 13 to the NE Multispecies 
Fishery Management Plan and the Magnuson-Stevens Fishery Conservation 
and Management Act.

DATES: The closure of the Eastern U.S./Canada Area to all limited 
access NE multispecies DAS vessels is effective 0001 hr local time, 
August 26, 2005, through 2400 hr local time, April 30, 2006. One 
exception to this prohibition is discussed in the SUPPLEMENTARY 
INFORMATION section of this temporary rule.

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

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the U.S./Canada Management Areas are found at 50 CFR 648.85. In 
addition,

[[Page 50221]]

regulations specifically governing vessel operations in the Eastern 
U.S./Canada Haddock SAP Pilot Program are specified at Sec.  
648.85(b)(8). These regulations authorize vessels issued a valid 
limited access NE multispecies permit and fishing under a NE 
multispecies DAS to fish in the Eastern U.S./Canada Area, including the 
Eastern U.S./Canada Haddock SAP Pilot Program, under specific 
conditions. The final GB cod TAC allocation for the 2005 fishing year 
was specified at 260 mt (July 7, 2005; 70 FR 39190). 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 by all limited 
access NE multispecies DAS vessels to prevent over-harvesting the TAC 
allocations for the U.S./Canada Management Area.
    Based upon vessel monitoring system (VMS) daily catch reports, 
dealer reports, and other available information, the Regional 
Administrator has determined that, to date, 90 percent of the 2005 GB 
cod TAC of 260 mt has been harvested by NE multispecies DAS vessels 
fishing in the Eastern U.S./Canada Area. Based on the small 2005 GB cod 
TAC and the very rapid rate at which the GB cod TAC has been harvested 
during the 2005 fishing year, it is likely that the 2005 GB cod TAC 
would be harvested before the end of the fishing year. Therefore, based 
on the available information described above, to ensure that the TAC 
for GB cod will not be exceeded, the Eastern U.S./Canada Area, 
including the Eastern U.S./Canada Haddock SAP Pilot Program, is closed 
to all limited access NE multispecies DAS vessels for the remainder of 
the 2005 fishing year, effective August 26, 2005 through April 30, 
2006, pursuant to the regulations at Sec.  648.85(a)(3)(iv)(D). This 
area may be reopened at a later date during the 2005 fishing year, in 
accordance with the regulations at Sec.  648.85(a)(3)(iv)(D), should it 
be determined that there is additional GB cod TAC remaining and that it 
could be harvested without resulting in exceeding the GB cod TAC for 
the 2005 fishing year. However, vessels that have already declared 
their intent to fish in the Eastern U.S./Canada Area, including the 
Eastern U.S./Canada Haddock SAP Pilot Program (VMS Area Codes 2, 5, or 
6) through VMS, departed on a trip, and crossed the demarcation line as 
of 0001 hours on August 26, 2005, are exempt from the closure initially 
in that they may finish their trip into the Eastern U.S./Canada 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) and (d)(3), the Assistant 
Administrator finds good cause to waive prior notice and opportunity 
for public comment, as well as the 30-day delayed effectiveness for 
this action, as notice and comment and delayed effectiveness would be 
impracticable and contrary to the public interest. Given the small GB 
cod TAC for the Eastern U.S./Canada Area during the 2005 fishing year 
and the very rapid rate at which the GB cod TAC was harvested to date, 
it would be impractical for NMFS to provide for prior notice and 
opportunity for public comment or a delayed effectiveness because this 
would likely prevent the agency from closing the Eastern U.S./Canada 
Area and the Eastern U.S./Canada Haddock SAP Pilot Program before the 
GB cod TAC is fully harvested. To allow vessels to continue to direct 
fishing effort on GB cod during the period necessary to publish and 
receive comments on a proposed rule, or to delay effectiveness, would 
result in the continued harvest of GB cod, potentially increasing the 
potential for the groundfish fishery to exceed the GB cod TAC for the 
Eastern U.S./Canada Area during the 2005 fishing year, thereby 
unnecessarily delaying rebuilding of this overfished stock. Exceeding 
the GB cod TAC during the 2005 fishing year would require any overages 
to be deducted from the 2006 GB cod TAC for the Eastern U.S./Canada 
Area. This would result in decreased revenue for the NE multispecies 
fishery, increased economic impacts to vessels operating in the Eastern 
U.S./Canada Area, reduced opportunities to fully harvest the GB cod, GB 
haddock, and GB yellowtail flounder TACs in the Eastern U.S./Canada 
Area, and a reduced chance of achieving optimum yield in the groundfish 
fishery. The rate of harvest of GB cod in the Eastern U.S./Canada Area 
is updated weekly on NMFS's Northeast Regional Office website at http://www.nero.noaa.gov. Accordingly, the public is able to obtain 
information that would provide at least some advanced notice of a 
potential closure of the Eastern U.S./Canada Area minimizing the need 
for a delayed effectiveness. Therefore, based on the above, it would be 
impracticable and contrary to the public interest to delay closure of 
this area through prior notice and public comment or a delay in the 
effectiveness of this action.

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

    Dated: August 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-17024 Filed 8-23-05; 2:16 pm]
BILLING CODE 3510-22-S