[Federal Register Volume 72, Number 78 (Tuesday, April 24, 2007)]
[Rules and Regulations]
[Pages 20287-20288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7789]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 04011-2010-4114-02; I.D. 041707E]


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 a decrease in the Georges Bank (GB) yellowtail 
flounder trip limit to 3,000 lb (1,361 kg) 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 
over-harvesting of the Total Allowable Catch (TAC) for GB yellowtail 
flounder during the 2007 fishing year. This action is being taken to 
provide additional opportunities for vessels to fully harvest the TACs 
for transboundary stocks of GB cod, haddock, and yellowtail flounder 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: Effective May 1, 2007, through April 30, 2008.

FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Management 
Specialist, (978) 281-9273, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the GB yellowtail 
flounder landing limit within the U.S./Canada Management Area are found 
at Sec.  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 2007 fishing year (May 1, 2007 - April 
30, 2008) is proposed to be 900 mt (72 FR 10967, March 12, 2007); a 43-
percent reduction from the TAC for the 2006 fishing year. 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 the reduced 2007 TAC for GB yellowtail 
flounder, and projections of harvest rates in the fishery, the current 
trip limits could result in the over-harvest of the GB yellowtail 
flounder TAC during the 2007 fishing year, and reduce the opportunities 
to fish for Eastern GB cod and haddock in the Eastern U.S./Canada Area. 
Based on this information, NMFS is decreasing the current 10,000-lb 
(4,536-kg) trip limit in the U.S./Canada Management Area to 3,000 lb 
(1,361 kg), effective May 1, 2007, through April 30, 2008. Accordingly, 
there is a 3,000 lb (1,361 kg) trip limit on the amount of GB 
yellowtail flounder that can be harvested or landed for the 2007 
fishing year for vessels subject to these regulations. This will allow 
for the fishery in the Eastern U.S./Canada Area to remain open longer, 
and increase the opportunities to target Eastern GB cod and haddock 
during the 2007 fishing year. NE multispecies vessels fishing in the 
Eastern U.S./Canada Area under a NE multispecies DAS with trawl gear 
must use either a haddock separator trawl or a flounder trawl net, as 
specified at Sec.  648.85(a)(3)(iii). GB yellowtail flounder landings 
will be closely monitored through the Vessel Monitoring System (VMS) 
and other available information. Should 100 percent of the TAC 
allocation for GB yellowtail flounder be projected to be harvested, the 
Eastern U.S./Canada Area will close to all limited access NE 
multispecies DAS vessels, and all vessels will be prohibited from 
harvesting, possessing, or landing yellowtail flounder from the entire 
U.S./Canada Management Area for the remainder of the fishing year. 
Conversely, if the TAC is projected to be under-harvested by the end of 
the fishing year, inseason adjustments to increase the trip limit may 
be considered.

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) and (d)(3), the Assistant 
Administrator finds good cause to waive prior notice and opportunity 
for public comment, as well as the delayed effectiveness for this 
action, because notice, comment, and a delayed effectiveness would be 
impracticable and contrary to the public interest. The regulations 
under Sec.  658.85(a)(3)(iv)(D) grant the Regional Administrator the 
authority to adjust the GB yellowtail flounder trip limit to prevent 
over-harvesting or under-harvesting the TAC allocation. Given that 
there is a relatively small GB yellowtail flounder TAC of 900 mt, the 
time necessary to provide for prior notice, opportunity for public 
comment, or delayed effectiveness could prevent the agency from 
ensuring that the TAC is not exceeded. If implementation of this action 
is delayed, the NE multispecies fishery could fully harvest the TAC for 
GB yellowtail flounder prior to the end of the 2007 fishing year. Over-
harvesting the GB yellowtail TAC would result in an overage deduction 
in fishing year 2008, and increase economic impacts to the industry and 
social impacts beyond those analyzed for Amendment 13. A delay in the 
effectiveness of the trip limit modification in this rule could prevent 
the agency from meeting its management obligation and ensuring the 
opportunity for the 2007 TACs for GB cod, haddock, and yellowtail 
flounder specified for the U.S./Canada Management Area to be harvested 
at a level that approaches optimum yield. Any such delay could lead to 
the negative impacts to the fishing industry described above. The 
decision to take this action could not be made earlier due to the 
delayed recommended specifications of the 2007 fishing year TACs in the 
U.S./Canada Management Area from the Transboundary Management Guidance 
Committee and the New England Fishery Management Council. The proposed 
2007 TACs were published in the Federal Register on March 12, 2007, and 
the public comment period closed on April 11, 2007. Therefore, the 
final decision to implement a 900 mt TAC for GB yellowtail flounder, 
and a precautionary, reduced trip limit for the 2007 fishing year, 
could not be made until after that comment period closed.
    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 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, as well 
as Eastern GB cod and haddock, during the 2007 fishing year. Further, 
the potential for this action was considered and open to public comment 
during the development of Framework 42.

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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: April 19, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-7789 Filed 4-23-07; 8:45 am]
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