[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Rules and Regulations]
[Pages 75965-75966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24369]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040804229-4300-02; I.D. 121405A]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Modification of the Yellowtail Flounder Landing 
Limit for Western and Eastern U.S./Canada Areas

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

ACTION: Temporary rule; yellowtail flounder landing limit.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), is reducing the Georges Bank (GB) yellowtail 
flounder trip limit from an unlimited amount to 15,000 lb (6,804.1 kg) 
per trip for Northeast (NE) multispecies Days-at-Sea (DAS) vessels 
fishing in both the Western and Eastern U.S./Canada Areas. This action 
is necessary to prevent the GB yellowtail total allowable catch (TAC) 
from being caught before the end of the 2005 fishing year and to 
increase the likelihood that the GB yellowtail TAC will be available 
through the end of the 2005 fishing year on April 30, 2006. This action 
is being taken to slow the rate of harvest of GB yellowtail flounder 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: Effective 0001 hours local time, December 21, 2005, through 
April 30, 2006.

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

SUPPLEMENTARY INFORMATION: Regulations governing the GB 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 as defined at Sec.  648.85(a)(1), under specific 
conditions. The TAC allocation for GB yellowtail flounder for the 2005 
fishing year is 4,260 mt (July 7, 2005; 70 FR 39190). When 30 percent 
of the GB yellowtail flounder TAC is projected to be harvested, the 
regulations at Sec.  648.85(a)(3)(iv)(D) authorize the Regional 
Administrator to reduce the yellowtail flounder landing limit for NE 
multispecies DAS vessels fishing in both the Western and Eastern U.S./
Canada Areas to prevent over-harvesting the GB yellowtail TAC 
allocation.
    Based upon vessel monitoring system reports and other available 
information, the Regional Administrator has determined that over 51 
percent (2,172.6 mt) of the GB yellowtail flounder TAC of 4,260 mt has 
been harvested. Based on current and historic catch rates, it is likely 
the entire GB yellowtail flounder TAC may be caught before the end of 
the 2005 fishing year. In order to slow the catch of GB yellowtail 
flounder to prevent over harvesting and to increase the likelihood that 
GB yellowtail flounder will be available through the end of the 2005 
fishing year on April 30, 2006, the Regional Administrator is reducing 
the trip limit for GB yellowtail flounder to 15,000 lb (6,804.1 kg) per 
trip for NE multispecies DAS vessels fishing in both the Western and 
Eastern U.S./Canada Areas for the remainder of

[[Page 75966]]

the 2005 fishing year, effective December 21, 2005, through April 30, 
2006.

Classification

    This action is authorized 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 notice and comment would be impracticable and 
contrary to the public interest. The regulations under Sec.  
648.85(a)(3)(iv)(D) authorize the Regional Administrator to reduce the 
yellowtail flounder landing limit for NE multispecies DAS vessels 
fishing in the Western and Eastern U.S./Canada Areas when 30 percent 
and/or 60 percent of the GB yellowtail flounder TAC has been harvested, 
to prevent over harvesting of the TAC. Because over 51 percent of the 
GB yellowtail flounder TAC has been harvested, this action is necessary 
to immediately slow the rate of harvest of GB yellowtail flounder under 
the authority of the Magnuson-Stevens Act.
    Given the harvest rates during fishing years 2004 and 2005, and the 
reduced GB yellowtail flounder TAC specified for 2005, the time 
necessary to provide for prior notice and opportunity for public 
comment would significantly reduce the ability of the agency to ensure 
that the 2005 TAC for GB yellowtail flounder is not exceeded during the 
2005 fishing year. It was not possible to take this action earlier to 
provide more time for public comment because of how quickly the GB 
yellowtail flounder is harvested, the reduced GB yellowtail flounder 
TAC, and the ability of NMFS to monitor the harvest. Immediately 
reducing the GB yellowtail flounder trip limit to 15,000 lb (6,804.1 
kg) per trip for NE multispecies DAS vessels fishing in both the 
Western and Eastern U.S./Canada Areas will slow the rate of harvest to 
a level that will likely prevent the TAC from being exceeded.
    Exceeding the 2005 TAC for GB yellowtail flounder would increase 
mortality of this overfished stock beyond that evaluated during the 
development of Amendment 13, potentially undermining the rebuilding 
efforts for this stock. Moreover, should the GB yellowtail flounder TAC 
be exceeded, any overages would be deducted from the 2006 GB yellowtail 
flounder TAC. This would result in decreased revenue for the NE 
multispecies fishery, increased economic impacts to vessels operating 
in the Western and Eastern U.S./Canada Areas, reduced opportunities to 
fully harvest the GB haddock and GB cod TAC's in the Eastern U.S./
Canada Area (i.e., through the increased possibility of premature 
closure of the Eastern U.S./Canada Area during the 2006 fishing year 
due to fully harvesting a reduced GB yellowtail flounder TAC in 2006), 
a reduced chance of achieving optimum yield in the groundfish fishery, 
and unnecessary delays to the rebuilding of this overfished stock.
    For similar reasons there is good cause, pursuant to 5 U.S.C. 
553(d)(3), to waive the entire 30-day delayed effectiveness period for 
this action. For the reasons specified above, a delay in the 
effectiveness of the trip limit modification in this rule would prevent 
the agency from ensuring that the 2005 catch TAC for GB yellowtail 
flounder specified for the Western and Eastern U.S./Canada Areas would 
not be exceeded during the 2005 fishing year. Any such delay could lead 
to the impacts to the fishing industry described above.
    The rate of harvest of the GB yellowtail flounder TAC in the 
Western and Eastern U.S./Canada Areas is updated weekly on the internet 
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 action to prevent the TAC for GB yellowtail flounder from 
being exceeded during the 2005 fishing year. Further, the potential for 
this action was considered and open to public comment during the 
development of Amendment 13. Therefore, any negative effect the waiving 
of public comment and delayed effectiveness may have on the public is 
mitigated by these factors.

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

    Dated: December 19, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-24369 Filed 12-19-05; 12:56 pm]
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