[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Rules and Regulations]
[Page 76430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24471]



[[Page 76430]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 050630174-5234-02; I.D. 121505A]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Quota Adjustment for the Closed Area I Hook Gear 
Haddock Special Access Program

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

ACTION: Temporary rule; quota adjustment.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), is increasing the 500-mt haddock quota for 
the second participation period (November 16, 2005, through December 
31, 2005) of the Closed Area (CA) I Hook Gear Haddock Special Access 
Program (SAP) to 536.6 mt. Available information indicates that the 
500-mt quota for the first participation period of this SAP (October 1, 
2005, through November 15, 2005) was under-harvested. The intended 
effect of this action is to account for this under-harvest from the 
first participation period, in accordance with the Magnuson-Stevens 
Fishery Conservation and Management Act.

DATES: Effective December 27, 2005 through December 31, 2005.

FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management 
Specialist, phone: (978) 281-9145, fax: (978) 281-9135, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulations governing the CA I Hook Gear 
Haddock SAP are found at 50 CFR 648.85(b)(7). The regulations authorize 
a 1,000-mt total allowable catch (TAC) (landings and discards) of 
haddock for the SAP. The currently approved haddock TAC of 1,000 mt is 
divided evenly into two quota periods such that the haddock TAC for 
each period is 500 mt. The Regional Administrator is authorized by 
Sec.  648.85(b)(7)(iv)(F) to adjust the 500-mt quota for the second 
participation period to account for under- or over-harvest of the 500-
mt haddock quota (landings and discards) that occurred in the first 
participation period, not to exceed the overall haddock TAC. The 
Regional Administrator, based upon Vessel Monitoring System reports and 
other available information, has determined that 463.4 mt of haddock 
was caught during the first participation period. Therefore, the 
haddock quota for the second participation period is increased to 536.6 
mt to account for under-harvesting the first participation period 
haddock TAC. This action will provide vessels increased opportunities 
to harvest healthy groundfish stocks by permitting access to fully 
harvest the available haddock TAC specified for this SAP during the 
2005 fishing year.

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, as notice and comment would be impracticable and contrary 
to the public interest. The regulations under Sec.  648.85(b)(7)(iv)(F) 
grant the Regional Administrator authority to adjust the 500-mt quota 
for the second participation period to account for under- or over-
harvest of the 500-mt haddock quota (landings and discards) that 
occurred in the first participation period. The possibility of this 
quota adjustment was contemplated by Framework Adjustment 41 (Framework 
41) and commented on by the public. This program began on October 1, 
2005, and continues through December 31, 2005. If implementation of 
this action is delayed, NMFS could be prevented from carrying out its 
function of increasing opportunities to harvest healthy groundfish 
stocks. If a proposed rule for this action or delay in effectiveness 
were required, vessels may not be able to fully harvest the available 
haddock TAC specified for this SAP during the 2005 fishing year. This 
could prevent the fishery from achieving optimum yield (OY) for this 
healthy stock. Given the 36.6-mt underage of the first participation 
period quota, the delay in receiving final landings data from dealers 
for the first participation period (the final estimate of haddock catch 
for the first period was not completed until December 6, 2005), the 
rapid rate at which the haddock TAC for the second period has been 
harvested to date, and the relatively large portion of the haddock TAC 
remaining for this SAP it was not possible to make this determination 
sooner. Therefore, it would be impracticable for NMFS to provide for 
prior notice and opportunity for public comment because this would 
likely prevent the industry from fully harvesting the haddock TAC for 
this SAP during the 2005 fishing year. Under-harvesting the haddock TAC 
for this SAP reduces the ability of participating vessels to fully 
realize the economic benefits of this SAP, as specified in Framework 
41. Frameworks 40A and 41 were implemented to mitigate the economic and 
social impacts resulting from Amendment 13 to the NE multispecies FMP 
and the management requirements of the Magnuson-Stevens Fishery 
Conservation and Management Act. If a proposed rule for this action or 
delay in effectiveness were required, the intent of Framework 41 would 
not be achieved. This would result in decreased revenue for the NE 
multispecies fishery, increased economic impacts to vessels operating 
in the CA I Hook Gear Haddock SAP, reduced opportunities to fully 
harvest the GB haddock TAC, and a reduced chance of achieving optimum 
yield in the groundfish fishery.
    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. Furthermore, for the same reasons specified above, there is 
good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed 
effectiveness period for this action.

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

    Dated: December 20, 2005.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-24471 Filed 12-21-05; 1:26 pm]
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