[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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