[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Rules and Regulations]
[Page 58351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20132]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040804229-4300-02; I.D. 100305A]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Closure of the Regular B Days-at-Sea Pilot 
Program

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

ACTION: Temporary rule; closure.

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

    NMFS announces that 1,000 Regular Days-at-Sea (DAS) have been used 
under the Regular B DAS Pilot Program. Therefore, all Northeast (NE) 
multispecies DAS vessels are prohibited from using Regular B DAS under 
the Regular B DAS Pilot Program through the end of the current calendar 
quarter on October 31, 2005. The intended effect of this action is to 
prevent the quarterly DAS use limit of 1,000 Regular B DAS for this 
program from being exceeded.

DATES: Effective 0001 hr local time, October 6, 2005, through October 
31, 2005. (See requirements under SUPPLEMENTARY INFORMATION for 
additional details).

FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management 
Specialist, phone (978) 281-9145, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: 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, including vessels also issued a 
limited access monkfish Category C or D permit, 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. A total of 1,000 Regular 
B DAS may be used in this program during each calendar quarter. 
According to the regulations at Sec.  648.85(b)(6)(iv)(H), once 1,000 
Regular B DAS have been used during the calendar quarter, the use of 
Regular B DAS shall be prohibited for the duration of the current 
quarter. The Regular B DAS Pilot Program expires, and the current 
calendar quarter ends, on October 31, 2005.
    Based upon available information, the Regional Administrator has 
determined that 1,000 Regular B DAS will be used by October 6, 2005. 
Therefore, effective October 6, 2005, the use of Regular B DAS under 
the Regular B DAS Pilot Program is prohibited through the end of the 
current calendar quarter and the expiration of the Regular B DAS Pilot 
Program on October 31, 2005. A NE multispecies DAS vessel that has 
already declared its intent to fish in the Georges Bank 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 (i.e. October 6, 2005) must either complete its trip under 
a Regular B DAS by crossing the vessel monitoring system (VMS) 
demarcation line on its return to port, or flip to fishing under a 
Category A DAS, before 0000 hours local time on October 6, 2005. This 
is the final quarter of the Regular B DAS Program; therefore, NE 
multispecies vessels are no longer authorized to fish under the B DAS 
Pilot Program unless otherwise notified by the Regional Administrator.

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)(H) require the Regional Administrator to prohibit the 
use of Regular B DAS under the Regular B DAS Pilot Program for the 
remainder of the current quarter once 1,000 Regular B DAS have been 
used under the Regular B DAS Pilot Program. Accordingly, the action 
being taken by this temporary rule is non-discretionary. This action 
prohibits the use of Regular B DAS for the remainder of the current 
quarter (i.e., through October 31, 2005) to prevent the quarterly DAS 
use limit of 1,000 Regular B DAS for this program from being exceeded. 
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 1,000 Regular B DAS have been used. Information 
regarding Regulare B DAS use in this program only recently indicated an 
increased rate of DAS use in this program. As a result, there has been 
insufficient time to provide prior notice and opportunity for public 
comment on this action. If implementation of this action is delayed, 
NMFS would be prevented from carrying out its function of preventing 
the quarterly limit on Regular B DAS use from being exceeded, thereby 
increasing the harvest of stocks of concern under the Regular B DAS 
Pilot Program. Opportunity for public comment would allow the use of 
Regular B DAS and, therefore, the harvest of stocks of concern to 
continue during this quarter, resulting in the likelihood of exceeding 
the quarterly DAS limit and the incidental catch TACs for stocks of 
concern. Exceeding the quarterly TAC for these species increases the 
chance that such additional mortality could further delay the 
rebuilding of these overfished stocks. Exceeding the mortality targets 
for these 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: October 3, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-20132 Filed 10-3-05; 3:18 pm]
BILLING CODE 3510-22-S