[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Rules and Regulations]
[Pages 6984-6985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1246]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040804229-4300-02; I.D. 010606A]


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; landing limit.

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SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region, 
NMFS (Regional Administrator), is implementing a yellowtail flounder 
trip limit of 1,500 lb (680.4 kg) per day, up to a maximum of 15,000 lb 
(6,804.1 kg) per trip, for NE multispecies Days-at-Sea (DAS) vessels 
fishing in both the Western and Eastern U.S./Canada Areas. This action 
is required by the regulations enacting Amendment 13 to the NE 
Multispecies Fishery Management Plan and is necessary to prevent the GB 
yellowtail flounder 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 hrs local time, February 9, 2006, 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 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 for GB yellowtail flounder for the 2005 fishing 
year is 4,260 mt. When 70 percent (2,982 mt) of the GB yellowtail 
flounder TAC is projected to be harvested, the regulations at Sec.  
648.85(a)(3)(iv)(C)(2) require the Regional Administrator to implement 
and/or adjust the yellowtail flounder landing limit for NE multispecies 
vessels fishing in both the Western and Eastern U.S./Canada Areas to 
1,500 lb (680.4 kg) per day, and 15,000 lb (6,804.1 kg) per trip.
    When approximately 59 percent of the GB yellowtail flounder TAC was 
harvested, NMFS implemented a yellowtail flounder landing limit of 
15,000 lb (6,804.1 kg) per trip to slow the rate of catch for this 
stock (December 22, 2005; 70 FR 75965). Based upon Vessel Monitoring 
System (VMS) reports and other available information, the Regional 
Administrator has determined that 70 percent (2,982 mt) of the GB 
yellowtail flounder TAC of 4,260 mt will be harvested by February 8, 
2006. Based on this information, the Regional Administrator is reducing 
the GB yellowtail trip limit from 15,000 lb (6,804.1 kg) per trip to 
1,500 lb (680.4 kg) per day, up to a maximum of 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 trip, effective February 8, 2006, through 
April 30, 2006. Vessels that have already declared their intent to fish 
in the Western U.S./Canada Area through VMS, departed on a trip, and 
crossed the demarcation line as of 0001 hours on February 8, 2006, may 
possess and land up to 15,000 lb (6,804.1 kg) of GB yellowtail 
flounder, regardless of the length of their trip.

[[Page 6985]]

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 notice and comment would be impracticable and 
contrary to the public interest. The regulations at Sec.  
648.85(a)(3)(iv)(C)(2) require the Regional Administrator to implement 
and/or adjust the yellowtail flounder landing limit for NE multispecies 
vessels fishing in both the Western and Eastern U.S./Canada Areas to 
1,500 lb (680.4 kg) per day, and 15,000 lb (6,804.1 kg) per trip when 
70 percent (2,982 mt) of the GB yellowtail flounder TAC is projected to 
be harvested. Based upon VMS reports and other available information, 
the Regional Administrator has determined that 70 percent (2,980 mt) of 
the GB yellowtail flounder TAC of 4,260 mt will be harvested by 
February 8, 2006. Therefore, this action is non-discretionary. In 
addition, there exists insufficient time to allow for public notice and 
comment before 70 percent of the TAC will be harvested.
    Given the rapidly increasing harvest rate and the reduced GB 
yellowtail flounder TAC specified for 2005, the time necessary to 
provide for prior notice and opportunity for public comment would 
prevent the agency from ensuring 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 was 
harvested, the rapidly increasing harvest rate, the reduced GB 
yellowtail flounder TAC, and the ability of NMFS to monitor the harvest 
(the projection that 70 percent of the GB yellowtail TAC would be 
harvested by February 8, 2006, was not available until February 3, 
2006).
    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 meeting its management obligation and 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: February 6, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-1246 Filed 2-7-06; 1:34 pm]
BILLING CODE 3510-22-S