[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Rules and Regulations]
[Pages 21123-21124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2083]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 04011-2010-4114-02; I.D. 042407B]
RIN 0648-AN17


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Closure of the Eastern U.S./Canada Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces the closure of the Eastern U.S./Canada Area to 
limited access NE multispecies days-at-sea (DAS) vessels for the 
remainder of the 2006 fishing year (i.e., through April 30, 2007). 
Based upon Vessel Monitoring System (VMS) reports and other available 
information, the Administrator, Northeast Region, NMFS (Regional 
Administrator) has determined that 100 percent of the total allowable 
catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the 
Eastern U.S./Canada Area will be harvested by April 25, 2007. This 
action is being taken to prevent the 2006 TAC for GB cod in the Eastern 
U.S./Canada Area from being exceeded during the 2006 fishing year in 
accordance with the regulations implemented under Amendment 13 to the 
NE Multispecies Fishery Management Plan and the Magnuson-Stevens 
Fishery Conservation and Management Act.

DATES: The closure of the Eastern U.S./Canada Area to all limited 
access NE multispecies DAS vessels is effective 0001 hr local time, 
April 25, 2007, through 2400 hr local time, April 30, 2007.

FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management 
Specialist, (978) 281-9145, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the U.S./Canada Management Area are found at Sec.  648.85. These 
regulations authorize vessels issued a valid limited access NE 
multispecies permit and fishing under a NE multispecies DAS to fish in 
the Eastern U.S./Canada Area under specific conditions. The final GB 
cod TAC allocation for the 2006 fishing year was specified at 374 mt 
(April 28, 2006; 71 FR 25095). Once 100 percent of the GB cod TAC 
allocation specified for the U.S./Canada Management Area is projected 
to have been harvested, the regulations at Sec.  648.85(a)(3)(iv)(E) 
require the Regional Administrator to close access to the Eastern U.S./
Canada Area for all limited access NE multispecies DAS vessels to 
prevent over-harvesting the TAC allocations for the U.S./Canada 
Management Area.
    Based upon VMS daily catch reports, dealer reports, and other 
available information, the Regional Administrator has determined that 
100 percent of the 2006 GB cod TAC of 374 mt will have been harvested 
on April 25, 2007. Therefore, based on the available information 
described above, to ensure that the TAC for GB cod will not be 
exceeded, the Eastern U.S./Canada Area is closed to all limited access 
NE multispecies DAS vessels for the remainder of the 2006 fishing year, 
effective April 25, 2007, pursuant to Sec.  648.85(a)(3)(iv)(E). 
Vessels that have made a correct VMS declaration indicating the 
intention to fish in the Eastern U.S./Canada Area (VMS U.S./Canada Area 
Code 2), and crossed the demarcation line prior to 0001 hours on April 
25, 2007, may continue their trip and fish in the Eastern U.S./Canada 
Area. Vessels that are currently declared into the Eastern U.S./Canada 
Area, and have already ``flexed out'' or ``flexed west'', may not 
reenter the Eastern U.S./Canada Area after 0001 hours on April 25, 
2007. Any vessel that leaves the Eastern U.S./Canada Area after 0001 
hours on April 25, 2007, is prohibited from reentering the Eastern 
U.S./Canada Area for the remainder of the fishing year.

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) 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

[[Page 21124]]

action, because notice, comment, and a delayed effectiveness would be 
impracticable and contrary to the public interest. This action will 
close the Eastern U.S./Canada Area to groundfish DAS vessels. This 
action is required by the regulations at Sec.  648.85(a)(3)(iv)(E) and 
is non-discretionary. In addition, since 100 percent of the GB cod is 
projected to be harvested by April 25, 2007, there is insufficient time 
to allow for public notice, comment, and delayed effectiveness before 
100 percent of the TAC will be harvested.
    Given the increasing harvest rate and the small GB cod TAC 
specified for 2006, the time necessary to provide for prior notice, 
opportunity for public comment, or delayed effectiveness would prevent 
the agency from ensuring that the 2006 TAC for GB cod is not exceeded 
during the 2006 fishing year. It was not possible to take this action 
earlier to provide more time for public comment because of the 
increasing GB cod harvest rate, the small GB cod TAC, and the ability 
of NMFS to monitor the harvest (the projection that 100 percent of the 
GB cod TAC would be harvested by April 25, 2007, was not available 
until April 23, 2007). Exceeding the 2006 TAC for GB cod would increase 
mortality of this overfished stock beyond that evaluated during the 
development of Amendment 13, resulting in decreased revenue for the NE 
multispecies fishery, increased economic impacts to vessels operating 
in the Eastern U.S./Canada Area, a reduced chance of achieving optimum 
yield in the groundfish fishery, and unnecessary delays to the 
rebuilding of this overfished stock.
    The public has been able to obtain information on the rate of 
harvest of the GB cod TAC via the Northeast Regional Office website 
(http://www.nero.noaa.gov) to provide at least some advanced notice of 
the harvest totals and potential action to prevent the TAC for GB cod 
from being exceeded during the 2006 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: April 24, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-2083 Filed 4-24-07; 2:49 pm]
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