[Federal Register Volume 72, Number 205 (Wednesday, October 24, 2007)]
[Rules and Regulations]
[Pages 60282-60283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5246]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040112010-4114-02]
RIN 0648-XD40


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

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

ACTION: Temporary rule; reopening and trip limit change.

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SUMMARY: NMFS announces a temporary reopening of the Eastern U.S./
Canada Area, including the Eastern U.S./Canada Haddock Special Access 
Program (SAP), to limited access NE multispecies days-at-sea (DAS) 
vessels through November 30, 2007. This action also implements a 1,000-
lb (454-kg) trip limit for Georges Bank (GB) cod for all limited access 
NE multispecies DAS vessels fishing in the Eastern U.S./Canada Area. 
This action is being taken to allow NE multispecies DAS vessels 
increased access to the substantial Eastern U.S./Canada Area GB haddock 
total allowable catch (TAC), and provide increased opportunities to 
achieve optimum yield in the groundfish fishery. The intended effect is 
to maximize the utility of the remaining GB cod TAC by opening the 
Eastern U.S./Canada Area when the relative abundance of GB haddock in 
relation to GB cod is highest.

DATES: The temporary reopening of the Eastern U.S./Canada Area, 
including the Eastern U.S./Canada Haddock SAP, to all limited access NE 
multispecies DAS vessels and the 1,000-lb (454-kg) GB cod trip limit 
for the Eastern U.S./Canada Area is effective 0001 hr October 20, 2007, 
through 2400 hr local time, November 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 GB cod TAC 
for the 2007 fishing year (FY) was specified at 494 mt on May 7, 2007 
(72 FR 25709). The regulations at Sec.  648.85(a)(3)(iv)(D) authorize 
the Regional Administrator to modify the gear requirements, modify or 
close access, modify the trip limits, or modify the total number of 
trips into the U.S./Canada Management Area, for all limited access NE 
multispecies DAS vessels to prevent over-harvesting or to facilitate 
achieving the U.S./Canada Management Area TACs.
    On June 20, 2007, NMFS temporarily closed the Eastern U.S./Canada 
Area to all NE multispecies DAS vessels because of the substantial 
increase of fishing activity in the Eastern U.S./Canada Area beginning 
June 1, 2007, and the small GB cod TAC. The temporary closure was 
necessary in order to prevent the closure of the Eastern U.S./Canada 
Area through the end of FY 2007, on April 30, 2007. A closure for the 
remainder of FY 2007 would have limited access to the available Eastern 
U.S./Canada Area GB haddock TAC.
    Particularly concerning at the time of the temporary closure was 
the high proportion of GB cod being discarded by vessels targeting GB 
haddock and GB yellowtail flounder. Observer data showed that discards 
of GB cod exceeded the amount of GB cod kept, with a discard to kept 
ratio for GB cod of approximately 2:1. When the Eastern U.S./Canada 
Area closed on June 20, 2007, a total of 70.1 percent of the GB cod TAC 
had been harvested, leaving

[[Page 60283]]

20.9 percent of the GB cod TAC available for harvest during the 
remainder of FY 2007. Analysis of GB cod landings from the Eastern 
U.S./Canada Area for fishing years 1999 through 2003 (the most recent 
years the area was not subject to in-season management) shows that GB 
cod are proportionally less abundant than co-occurring GB haddock 
during the months of October and November than in other months. 
Therefore, reopening the Eastern U.S./Canada Area, including the 
Eastern U.S./Canada Haddock SAP, through the month of November will 
allow NE multispecies DAS vessels increased access to the substantial 
Eastern U.S./Canada Area GB haddock TAC, and provide increased 
opportunities to achieve optimum yield in the groundfish fishery. Data 
indicate that reopening the Eastern U.S./Canada Area through November 
with a 1,000-lb (454-kg) GB cod trip limit will not likely result in 
the overharvest of the GB cod TAC. The 1,000-lb (454-kg) Gb cod trip 
limit is consistent with the trip limit for the SAP and is intended to 
discourage the targeting of GB cod.
    Therefore, based on the historical seasonal stock abundance data 
and the available GB cod TAC, and pursuant to the regulations at Sec.  
648.85(a)(3)(iv)(D), effective 0001 hr October 20, 2007, through 2400 
hr local time, November 30, 2007, the Eastern U.S./Canada Area, 
including the Eastern U.S./Canada Haddock SAP, is open to all NE 
multispecies DAS vessels and the GB cod possession limit for all NE 
multispecies vessels fishing in the Eastern U.S./Canada Area is 1,000 
lb/trip (454-kg/trip). GB cod landings will continue to be monitored 
through VMS and other available information. If 100 percent of the TAC 
allocation for GB cod is projected to be harvested prior to the end of 
November, the Eastern U.S./Canada Area, including the Eastern U.S./
Canada Haddock SAP, will be closed to all NE multispecies DAS vessels 
for the remainder of the fishing year (i.e., through April 30, 2008).

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)(3)(B) and (d)(3), there is 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 relieves a restriction by opening 
the Eastern U.S./Canada Area, including the Eastern U.S./Canada Area 
Haddock SAP, to all NE multispecies DAS vessels through November 30, 
2007, to allow access to the substantial GB haddock TAC (6,270 mt).
    This action is authorized by the regulations at Sec.  
648.85(a)(3)(iv)(D) to facilitate achieving the U.S./Canada Management 
Area TACs. It is important to take this action immediately because GB 
cod, which has a relatively small TAC (494 mt), are proportionally less 
abundant than co-occurring GB haddock during the months of October and 
November than in either prior or subsequent months. Any delay in the 
implementation of this action would decrease the opportunity available 
for vessels to selectively target haddock in the Eastern U.S./Canada 
Area while cod bycatch rates are expected to be low. Once the GB cod 
TAC is achieved, the regulations require the closure of the Eastern 
U.S./Canada Area for the remainder of FY 2007, preventing access to the 
GB haddock TAC. This action is being taken at this time to take 
advantage of the seasonal variation of relative stock abundance in 
order to allow access to the abundant GB haddock stock with minimized 
GB cod bycatch.
    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, preventing NE multispecies DAS 
vessels from efficiently targeting GB haddock in the Eastern U.S./
Canada Area when GB haddock can be targeted with minimal bycatch of GB 
The Regional Administrator's authority to open and close this area to 
help ensure that the shared U.S./Canada stocks of fish are harvested, 
but not exceeded, was considered and open to public comment during the 
development of Amendment 13 and FW 42. Further, the potential of 
reopening of the Eastern U.S./Canada Area was announced to the public 
at closure of the Eastern U.S./Canada Area in June. 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: October 18, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-5246 Filed 10-19-07; 2:20 pm]
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