[Federal Register Volume 72, Number 91 (Friday, May 11, 2007)]
[Proposed Rules]
[Pages 26770-26771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9092]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070427094-7094-01;I.D. 042407A]
RIN 0648-AV50


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

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

ACTION:  Proposed rule; request for comments.

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SUMMARY:  NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), is proposing to allocate zero trips in the 
Closed Area (CA) II Yellowtail Flounder Special Access Program (SAP) 
during the 2007 fishing year (FY) (i.e., May 1, 2007, through April 30, 
2008). The Regional Administrator has determined that the available 
catch of Georges Bank (GB) yellowtail flounder is insufficient to 
support a minimum level of fishing activity within the CA II Yellowtail 
Flounder SAP for FY 2007. The intent of this action is to help achieve 
optimum yield (OY) in the fishery by maximizing the utility of 
available GB yellowtail flounder TAC throughout FY 2007.

DATES: Comments must be received on or before 5 p.m., local time, May 
29, 2007.

ADDRESSES: You may submit comments by any of the following methods:
     Written comments (paper, disk, or CD-ROM) should be sent 
to Patricia A. Kurkul, Regional Administrator, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on 
CA II YT SAP.''
     Comments also may be sent via facsimile (fax) to (978) 
978-9135.
     E-mail: [email protected] Include in the subject line 
the following ``Comments on CA II YT SAP.''
     Federal e-Rulemaking Portal: http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: The final rule implementing Framework 
Adjustment (FW) 40B (70 FR 31323; June 1, 2005), authorized the 
Regional Administrator to allocate the total number of trips into the 
CA II Yellowtail Flounder SAP based upon several criteria, including: 
GB yellowtail flounder total allowable catch (TAC) level, as 
established through the U.S./Canada Resource Sharing Understanding; and 
the amount of GB yellowtail flounder caught outside of the SAP. A 
formula was developed in FW 40B to assist the Regional Administrator in 
determining the appropriate number of trips for this SAP on a yearly 
basis. The formula is intended to allow the SAP to be adjusted for 
changing stock conditions to help achieve OY for GB yellowtail 
flounder.
    FW 40B authorized the Regional Administrator to allocate zero trips 
to this SAP if the available GB yellowtail flounder catch (GB 
yellowtail flounder TAC projected catch of GB yellowtail flounder 
outside the SAP) is not sufficient to support 150 trips with a 15,000-
lb (6,804-kg) trip limit (i.e., if the available GB yellowtail catch is 
less than 1,021 mt), as required. The proposed U.S./Canada GB 
yellowtail flounder TAC for 2007, as recommended by the Transboundary 
Management Guidance Committee and the Council, is 900 mt (72 FR 10967; 
March 12, 2007). During FY 2006, vessels fishing outside of the SAP 
landed over 1,500 mt of GB yellowtail flounder. Therefore, based on the 
proposed 900-mt U.S./Canada GB yellowtail flounder TAC, assuming 
similar fishing behavior in 2007, and using the criteria specified 
under Sec.  648.85(b)(3)(vii) to determine the appropriate number of 
trips for FY 2007, the Regional Administrator has determined that there 
will be insufficient GB yellowtail flounder TAC to support the CA II 
Yellowtail Flounder SAP for FY 2007 (900 mt - 1,500 mt <1,020 mt). 
Therefore, a limit of zero trips is proposed for FY 2007.

Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, I 
have determined that this proposed rule is consistent with the NE 
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.
    The SBA size standard for small commercial fishing entities is $ 
4.0 million in gross receipts. Individuals that would be impacted by 
this proposed action include all limited access NE multispecies DAS 
permit holders. All commercial fishing entities affected by this 
proposed rule would fall under the SBA size standard for small 
commercial fishing entities and there would be no disproportionate 
impacts between small and large entities. The proposed action would 
affect a substantial number of small entities, as approximately 66 
percent of the vessels affected by this action (i.e., 100 out of 150) 
had participated in the CA II Yellowtail Flounder SAP when it was open 
during FY 2004. However, the proposed action will not significantly 
reduce profit for affected vessels.
    The proposed allocation of zero trips into the SAP would help 
ensure that the GB yellowtail flounder TAC is available throughout the 
fishing year, minimizing the impacts of depressed prices that could 
otherwise be caused by temporary floods of yellowtail flounder on the 
market, and therefore would help avoid the premature closing of the 
Eastern U.S./Canada Area due to catching the available GB yellowtail 
flounder TAC. This would enable vessels greater opportunity to fully 
harvest the available GB cod and GB haddock TAC allocated to the 
Eastern U.S./Canada Area and to achieve the full economic benefit from 
the U.S./Canada Management Area by more efficiently using the small GB 
yellowtail flounder TAC. Analysis prepared for FW 40B indicates that 
flexibility for vessels to target species other than yellowtail 
flounder is seen as critical to maintaining the profitability of vessel 
operations within the U.S./Canada

[[Page 26771]]

Management Area, including the SAP, given the costs associated with 
fishing far offshore. Because the proposed action would maintain access 
to the Eastern U.S./Canada Area throughout the fishing year, this 
action attempts to preserve the flexibility for vessels to operate in 
an efficient and cost-effective manner that would maximize the 
profitability of vessel operations. Since the SAP was closed to fishing 
for FY 2006, there would be no change in profitability to individual 
vessels (compared to last year) resulting from the proposed zero 
allocation, thus, no economic impact to affected small harvesters.
    This proposed rule does not contain any new, nor revised existing 
reporting, recordkeeping, and other compliance requirements.

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

    Dated: May 7, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E7-9092 Filed 5-10-07; 8:45 am]
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