[Federal Register Volume 71, Number 60 (Wednesday, March 29, 2006)]
[Rules and Regulations]
[Pages 15629-15630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3038]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 04011-2010-4114-02; I.D. 032406B]


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

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 removing the Georges Bank (GB) 
yellowtail flounder trip limit for NE multispecies days-at-sea (DAS) 
vessels fishing in the U.S./Canada Management Area. This action is 
authorized by the regulations implementing Amendment 13 to the NE 
Multispecies Fishery Management Plan and is intended to prevent under-
harvesting of the Total Allowable Catch (TAC) for GB yellowtail 
flounder while ensuring that the TAC will not be exceeded during the 
2005 fishing year. This action is being taken to provide additional 
opportunities for vessels to fully harvest the GB yellowtail flounder 
TAC under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act).

DATES: Effective March 24, 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 GB yellowtail 
flounder landing limit within the U.S./Canada Management Area are found 
at 50 CFR 648.85(a)(3)(iv)(C) and (D). 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 (May 1, 2005 - April 30, 2006) is 4,260 mt. The regulations at 
Sec.  648.85(a)(3)(iv)(D) authorize the Regional Administrator to 
increase or decrease the trip limits in the U.S./Canada Management Area 
to prevent over-harvesting or under-harvesting the TAC allocation. 
Based upon Vessel Monitoring System (VMS) reports and other available 
information, the Regional Administrator has determined that the current 
rate of harvest will result in the under-harvest of the GB yellowtail 
flounder TAC during the 2005 fishing year. Based on this information, 
the Regional Administrator is removing the 15,000-lb (6,804.1-kg) trip 
limit for NE multispecies DAS vessels fishing in the U.S./Canada 
Management Area, effective March 24, 2006, through April 30, 2006. 
Accordingly, there is no limit on the amount of GB yellowtail flounder 
that can be harvested or landed for the remainder of the fishing year 
for vessels subject to these regulations.

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 (AA) 
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)(D) grant the Regional Administrator the 
authority to adjust the GB yellowtail flounder trip limits to prevent 
over-harvesting or under-harvesting the TAC allocation. Given that 
approximately 25 percent of the GB yellowtail flounder TAC remains 
unharvested and the 2005 fishing year ends on April 30, 2006, the time

[[Page 15630]]

necessary to provide for prior notice, opportunity for public comment, 
or delayed effectiveness would prevent the agency from ensuring that 
the 2005 TAC for GB yellowtail flounder will be fully harvested. If 
implementation of this action is delayed, the NE multispecies fishery 
could be prevented from fully harvesting the TAC for GB yellowtail 
flounder during the 2005 fishing year. Under-harvesting the GB 
yellowtail TAC would result in increased economic impacts to the 
industry and social impacts beyond those analyzed for Amendment 13, as 
the full potential revenue from the available GB yellowtail flounder 
TAC in the U.S./Canada Management Area would not be realized.
    For the reasons specified above and because this action relieves a 
restriction, the AA finds good cause, pursuant to 5 U.S.C. 553(d)(3), 
to waive the entire 30-day delayed effectiveness period for this 
action. A delay in the effectiveness of the trip limit modification in 
this rule would prevent the agency from meeting its management 
obligation and ensuring the opportunity for the 2005 catch TAC for GB 
yellowtail flounder specified for the U.S./Canada Management Area to be 
fully harvested. Any such delay could lead to the negative impacts to 
the fishing industry described above.
    The rate of harvest of the GB yellowtail flounder TAC in the U.S./
Canada Management Area 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 provide additional opportunities to the NE 
multispecies industry to fully harvest the TAC for GB yellowtail 
flounder 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: March 24, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-3038 Filed 3-24-06; 3:11 pm]
BILLING CODE 3510-22-S