[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Rules and Regulations]
[Pages 29256-29257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4740]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No., I.D. 050906B]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Allocation of Trips to Closed Area (CA) II 
Yellowtail Flounder Special Access Program (SAP)

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

ACTION: Temporary rule; notification of maximum number of trips.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator) is allocating, using the formula implemented 
by Framework Adjustment (FW) 40B, zero trips into the CA II Yellowtail 
Flounder SAP for the 2006 NE multispecies fishing year (FY). The intent 
of this

[[Page 29257]]

action is to provide a sustainable fishery throughout FY 2006.

DATES: Effective July 1, 2006, through April 30, 2007.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Management 
Specialist, phone: (978) 281-9218, fax: (978) 281-9135, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: FW 40B, developed by the New England Fishery 
Management Council (Council) and approved and implemented on June 1, 
2005, requires the Regional Administrator to allocate, prior to June 1 
of each year, the total number of trips into the CA II Yellowtail 
Flounder SAP based on the Georges Bank (GB) yellowtail flounder total 
allowable catch (TAC), as established through the U.S./Canada Resource 
Sharing Understanding, and the amount of GB yellowtail flounder caught 
outside of the SAP. FW 40B established the following formula for 
determining the appropriate number of trips for this SAP on a yearly 
basis to help achieve optimum yield (OY) of GB yellowtail flounder: 
Number of trips = (GB yellowtail flounder TAC - 1,946 mt)/4.54 mt. Note 
that 4.54 mt is equivalent to 10,000 lb (4,536 kg). This formula 
assumes that, similar to the calculation that was done for FY 2005, 94 
percent of the GB yellowtail flounder TAC (i.e., 1,946 mt) will be 
caught outside of the CA II Yellowtail Flounder SAP. The formula 
results in an allocation of only 27 trips for FY 2006. However, if it 
is determined that the catch available for the SAP (i.e., GB yellowtail 
flounder TAC - GB yellowtail flounder caught outside SAP) is not 
sufficient to support 150 trips with a 15,000-lb (6,804-kg) trip limit, 
or that at least 1,020 mt are available for the SAP, the Regional 
Administrator may choose to not allocate any trips to the SAP. However, 
the FY 2006 GB yellowtail flounder TAC (2,070 mt) less the amount of GB 
yellowtail that will be caught outside of the SAP is only 124 mt. It 
would not be feasible or equitable to allocate and monitor such a low 
number of trips across the fleet. Allocating such a low number of trips 
fleet-wide would likely cause a derby fishery which would be impossible 
to monitor and control in such a way to ensure that the low available 
catch is not exceeded. Therefore, based on the final rule implementing 
the 2006 U.S./Canada GB yellowtail flounder TAC (71 FR 25095; April 28, 
2006), which was recommended by the Transboundary Management Guidance 
Committee and the Council for FY 2006, and using the criteria specified 
under Sec.  648.85(b)(3)(vii) to determine the appropriate number of 
trips for FY 2006, the Regional Administrator has determined that there 
will be insufficient GB yellowtail flounder TAC to support the CA II 
Yellowtail Flounder SAP for FY 2006. As such, zero trips will be 
available for FY 2006.

Classification

    This action is required by Sec.  648.85(b)(3)(vii) 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. Additional prior notice and 
opportunity for public comment would delay the implementation of the 
action which could potentially lead to the opening of this SAP during 
FY 2006. Opening of this SAP during FY 2006 could prematurely close the 
Eastern U.S./Canada Area, as increased catches of GB yellowtail 
flounder from this SAP would likely result in the early attainment of 
the U.S./Canada Management Area TAC for GB yellowtail flounder. Such a 
closure would reduce sources of potential revenue, decreased economic 
returns, and lead to further adverse economic impacts to the fishing 
industry, not only from GB yellowtail flounder, but from GB cod and GB 
haddock as well. In addition, the potential for an unexpected opening 
and rapid closure of this SAP following the consideration of additional 
public comment could create confusion in the fishing industry. 
Therefore, given the potential negative impacts resulting from delayed 
implementation of this action, as described above, it would be 
impracticable and contrary to the public interest to provide further 
notice and opportunity for public comment. Any detrimental effect of 
foregoing prior notice and comment for this action is mitigated because 
the possibility of this closure was contemplated during the development 
of FW 40B and commented on by the public. In addition, the Council and 
public were consulted about this action during the April 4, 2006, 
Council meeting, at which time there was opportunity for additional 
public comment.

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

    Dated: May 16, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-4740 Filed 5-19-06; 8:45 am]
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