[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Rules and Regulations]
[Pages 64000-64001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22240]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070709299-7300-01]
RIN 0648-AV75


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Temporary Haddock Size Limit Extension

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

ACTION: Temporary rule; emergency action extended, and request for 
comments.

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SUMMARY: NMFS continues the haddock minimum size implemented by an 
August 10, 2007, emergency final rule that is set to expire on February 
6, 2008. Specifically, this temporary rule continues the commercial 
minimum haddock size of 18 inches (45.7 cm) that was reduced from the 
previous minimum size of 19 inches (48.3 cm). This action is taken 
pursuant to NOAA's authority to issue emergency measures under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The intent of this extension is to continue measures 
intended to reduce regulatory discards of Georges Bank (GB) and Gulf of 
Maine (GOM) haddock to prevent excessive waste and comply with the 
goals of reducing discards and maintaining the rebuilding programs of 
the Northeast (NE) Multispecies Fishery Management Plan (FMP), while 
helping to achieve optimum yield at the same time. This action is 
intended to reduce discarding and maintain consistency with the FMP and 
the Magnuson-Stevens Act.

DATES: The expiration date of the emergency rule published August 10, 
2007 (72 FR 44979), is extended to August 10, 2008. NMFS will accept 
comments through December 14, 2007.

ADDRESSES: You may submit comments, identified by 0648-AV75, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-rulemaking Portal.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of 
the envelope, ``Comments on the Haddock Size Limit Extension.''
     Fax: (978) 281-9135.
    Instructions: All comments received are part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publically 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF formats only.

FOR FURTHER INFORMATION CONTACT: Thomas A. Warren, Fishery Policy 
Analyst, (978) 281-9347, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    This temporary final rule extends the emergency commercial minimum 
haddock size of 18 inches (45 cm), authorized by section 305(c) of the 
Magnuson-Stevens Act, in order to reduce excessive discarding of GB and 
GOM haddock. The historical commercial haddock minimum size of 19 
inches (48.3 cm) was reduced by temporary emergency action to 18 inches 
(45 cm) on August 10, 2007 (72 FR 44979). That Secretarial action was 
taken in response to the New England Fishery Management Council 
(Council) vote on June 21, 2007, to recommend that the Secretary of 
Commerce take action to lower the minimum size of haddock to 17 inches 
(43.2 cm) for vessels fishing on GB. A written request from the Council 
to NMFS for such action was dated June 25, 2007.
    Available information from the Council and data from observed trips 
to the Eastern U.S./Canada Area indicated that there were large amounts 
of discarding of haddock occurring because only a small fraction of the 
haddock from an exceptionally large year class being caught on GB has 
reached the minimum size of 19 inches (48.3 cm). Observer data showed a 
discard-to-kept ratio of over 1 lb (0.45 kg) of haddock discarded to 
every pound of haddock landed. Cumulative haddock discards from the 
Eastern U.S./Canada Area from May 1, 2007, through October 24, 2007, 
were estimated at approximately 700,000 lb (318 mt).
    The reason for these large amounts of discards is that the very 
large 2003 year class of haddock, which is the largest since 1963, is 
growing more slowly than previously anticipated. Recent survey data 
indicate an average GB haddock

[[Page 64001]]

size of 16.6 inches (42.2 cm) for fish in the 2003 year class. The 
average size of the fish in the 2003 year class is anticipated to be 19 
inches (48.3 cm) by the summer of 2008, which would make them legal to 
retain under the existing regulations, so the current discard situation 
will resolve itself over the long term. However, in the short term, in 
order to reduce the large amount of discards and associated discard 
mortality that has been occurring in the haddock fishery, and enable 
such fish to be landed, a reduction in the haddock minimum size to18 
inches (45.7 cm) was warranted. NMFS's initial emergency action to make 
this change was implemented on August 10, 2007, and differed from the 
Council request in two aspects. Additional background for that action, 
including why the action differed from the Council request, an 
explanation of the scope of the measure (only commercial vessels, and 
covering the GOM and GB), and the evaluation of the emergency action 
with respect to NMFS policy guidelines for the use of emergency rules 
are contained in the preamble of the August 10, 2007, rule and are not 
repeated here.
    As stated above, the emergency rule is scheduled to expire February 
10, 2008. Because the majority of the very large 2003 year class will 
not reach 19 inches (48.3 cm) until the summer of 2008, NMFS extends 
the emergency rule through this action in order to continue to reduce 
the likelihood of excessive discarding.
    During the initial emergency action, NMFS has monitored the haddock 
fishery closely in order to determine whether the reduction in haddock 
size has resulted in changes in fishing behavior or substantive 
increases in fishing effort. Monitoring results showed evidence of a 
decline in the discard rate and no increase in fishing effort. Pursuant 
to section 305(c)(3)(B) of the Magnuson-Stevens Act, management 
measures implemented by the August 10, 2007, emergency final rule may 
be extended for an additional period of 186 days, provided the public 
has had the opportunity to comment on the emergency regulations. NMFS 
will accept public comment after publication of this rule, on the 
effectiveness of the emergency action to date, and the extension of the 
emergency action implemented by this action.
    Extension of the emergency rule and continuation of the lower 
haddock minimum size for a second 186-day period will reduce waste 
(discard mortality) in the fishery and may increase opportunities for 
the fishery to achieve optimum yield (OY). A collateral benefit of this 
action will be prevention of a significant direct economic loss by 
allowing the landing and sale of fish that would be discarded at sea if 
the minimum size limit were kept at 19-inches (48.3-cm). To revert to a 
19-inch (48.3-cm) minimum size at the expiration of the August 10, 
2007, emergency action would likely result in an increased discard 
rate, the associated mortality of such discarding, the irretrievable 
loss of significant economic revenues from the discarded fish, and the 
further diminishing of the industry's ability to achieve OY. These 
consequences are inconsistent with National Standards 1, 7, and 9.
    The benefits to be gained through the continuation of the reduction 
of the haddock minimum size limit (e.g., reduced discarding and 
enhanced opportunities to achieve OY) justify the extension of this 
emergency action.
    This action is not expected to interfere with any conservation 
objective of the FMP. Although GB and GOM haddock are still considered 
overfished, overfishing is not occurring. In recent years, less than 50 
percent of the annual target TAC for GB haddock has been harvested. 
Allowing fish to be landed that would otherwise be discarded dead is 
not expected to increase fishing mortality or delay the rebuilding of 
the GB haddock stock. An increase in fishing effort is not expected due 
to the fact that, at current levels of fishing effort, trips under an 
18-inch (45-cm) minimum haddock size may be more profitable because the 
same amount of fishing effort will yield more legal catch that can be 
landed and sold. A shift to target smaller fish is not likely because 
haddock in the 18 to19-inch (45 to 48.3-cm) range are caught together, 
and there is limited selectivity of the fishing gear. Therefore, there 
appears to be, in the short term, no incentive or effective way to 
target 18-inch (45.7-cm) haddock. NMFS will continue to monitor this 
fishery closely in order to determine whether this action results in 
significant changes in fishing behavior or substantive increases in 
fishing effort. If necessary, inseason implementation of management 
measures through existing Regional Administrator authority could be 
taken to control catch. The Northeast Fisheries Science Center 
estimates that the average total length of GB haddock will not be 19 
inches (48.3 cm) or above until the summer of 2008.

Classification

    NMFS has determined that the emergency management measure extended 
by this temporary rule is necessary to respond to an emergency 
situation in the NE multispecies fishery and is consistent with the 
Magnuson-Stevens Act and other applicable law.
    This emergency rule has been determined to be not significant for 
purposes of E.O. 12866.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act to prepare a regulatory flexibility analysis because 
the rule is issued without opportunity for prior public comment.
    This emergency action meets the Categorical Exclusion requirements 
of NOAA Administrative Order 216-6, and therefore no analysis was 
prepared pursuant to the National Environmental Policy Act.

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

    Dated: November 7, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-22240 Filed 11-13-07; 8:45 am]
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