[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Rules and Regulations]
[Pages 34411-34412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3068]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040112010-4114-02]
RIN 0648-XA92


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 a temporary closure of the Eastern U.S./Canada 
Area to limited access NE multispecies days-at-sea (DAS) vessels. Based 
upon Vessel Monitoring System (VMS) reports and other available 
information, the Administrator, Northeast Region, NMFS (Regional 
Administrator) has projected 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 would be harvested by July 12, 2007, if 
current catch rates continue. This action is being taken to prevent the 
2007 TAC for GB cod in the Eastern U.S./Canada Area from being exceeded 
during the 2007 fishing year, and to minimize the impacts of discards 
of undersized haddock, in accordance with the regulations implemented 
under Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) 
and the Magnuson-Stevens Fishery Conservation and Management Act. This 
area will be reopened at a later date during the 2007 fishing year to 
provide access to the shared U.S./Canada Stocks of cod, haddock, and 
yellowtail flounder, if NMFS determines that the area can be reopened 
without exceeding the GB cod TAC for the 2007 fishing year.

DATES:  The temporary closure of the Eastern U.S./Canada Area to all 
limited access NE multispecies DAS vessels is effective 0001 hr June 
20, 2007, through 2400 hr local time, April 30, 2008.

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 2007 fishing year was specified at 494 mt 
(May 7, 2007; 72 FR 25709). The regulations at Sec.  
648.85(a)(3)(iv)(D) authorize 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 and other available information, 
to date, 52 percent of the 2007 GB cod TAC of 494 mt has been 
harvested. Assuming this catch rate continues, it is estimated that 100 
percent of the 2007 GB cod TAC will be caught by July 12, 2007. Recent 
observer data show discards of GB cod have exceeded kept GB cod, with a 
discard-to-kept ratio for GB cod of approximately 2:1. Additionally, 
due to the recent slow growth rate observed for GB haddock, the catch 
of undersized GB haddock has increased discards of this species, as 
well. Data indicate that haddock should be fully recruited to legal 
size by late summer 2007. Therefore, based on the available information 
described above, to slow the catch rate of GB cod in the Eastern U.S./
Canada Area and to ensure that the TAC for GB cod will not be exceeded, 
as well as to minimize discards of undersized GB haddock, the Eastern 
U.S./Canada Area, including the August through December Eastern U.S./
Canada Haddock SAP Pilot Program, should the closure extend into the 
SAP season, is temporarily closed to all limited access NE multispecies 
DAS vessels, effective 0001 hr June 20, 2007, pursuant to Sec.  
648.85(a)(3)(iv)(D). This area will be reopened at a later date during 
the 2007 fishing year to provide access to the shared U.S./Canada cod, 
haddock, and yellowtail flounder stocks, pursuant to the regulations at 
Sec.  648.85(a)(3)(iv)(D), if NMFS determines that the area can be 
reopened without exceeding the GB cod TAC for the 2007 fishing year.
    Vessel owners that have made a correct VMS declaration indicating 
their intention to fish in the Eastern U.S./Canada Area, and crossed 
the demarcation line prior to 0001 hr June 20, 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 hr June 20, 2007. Any vessel that leaves the 
Eastern U.S./Canada Area after 0001 hr June 20, 2007 is prohibited from 
reentering the Eastern U.S./Canada Area for the remainder of the 
fishing year, unless otherwise notified.

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)(3)(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 prior notice and comment, and a delayed effectiveness, 
would be impracticable and contrary to the public interest. This action 
will temporarily close the Eastern U.S./Canada Area to NE multispecies 
DAS vessels. This action is necessary to slow the catch rate of GB cod 
in the Eastern U.S./Canada Area and prevent the Eastern U.S./Canada 
Area GB cod TAC from being exceeded during the 2007 fishing year. 
Because of the rapidly increasing GB cod harvest rate, the small GB cod 
TAC, and the substantial increase of fishing activity in the Eastern 
U.S./Canada Area beginning June 1, 2007, it is projected that 100 
percent of the GB cod TAC will be harvested by July 12, 2007. This 
projection was not available until June 14, 2007.
    This action is authorized by the regulations at Sec.  
648.85(a)(3)(iv)(D) to prevent over-harvesting, or to facilitate 
achieving, the U.S./Canada Management Area TACs. The time necessary to 
provide for prior notice, opportunity for public comment, and delayed 
effectiveness for this action would prevent the agency from taking 
immediate action to slow the catch rate of GB cod in the Eastern U.S./
Canada Area and prevent the Eastern U.S./Canada Area GB cod TAC from 
being exceeded prior to the end of the 2007 fishing year. Such a delay 
would allow the observed high catch rate of GB cod to continue and 
would result in excessive discards of GB cod. Similarly, the recent 
high rates of GB haddock discard would likely also continue, resulting 
in a high level of GB haddock mortality with neither corresponding 
landings, nor value, accruing to participating vessels. To allow 
vessels to continue directed fishing effort on GB

[[Page 34412]]

cod and GB haddock during the period necessary to publish and receive 
comments on a proposed rule could allow the GB cod harvest to exceed 
the GB cod TAC for the 2007 fishing year and allow excessive amounts of 
small haddock to continue to be discarded. Exceeding the 2007 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 negative 
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. 
Exceeding the 2007 GB cod TAC would also necessitate that any overages 
of the GB cod TAC during the 2007 fishing year be deducted from the GB 
cod TAC for the 2008 fishing year. Reducing the 2008 TAC due to 
exceeding the 2007 TAC caused by delaying this action, therefore, would 
create an unnecessary burden on the fishing industry and further 
negative economic and social impacts that were not previously 
considered.
    The public is 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), which provided some advanced notice of a potential 
action to prevent the TAC for GB cod from being exceeded during the 
2007 fishing year. Further, the potential for this action was 
considered and open to public comment during the development of 
Amendment 13 and FW 42 to the FMP. 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: June 18, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-3068 Filed 6-19-07; 2:08 pm]
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