[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Proposed Rules]
[Pages 441-443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25580]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071004577-7578-01]
RIN 0648-AW13


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Total Allowable Catches for Eastern Georges Bank 
Cod, Eastern Georges Bank Haddock, and Georges Bank Yellowtail Flounder 
in the U.S./Canada Management Area for Fishing Year 2008

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 proposes 2008 fishing year (FY) Total Allowable Catches 
(TACs) for Eastern Georges Bank (GB) cod, Eastern GB haddock, and GB 
yellowtail flounder in the U.S./Canada Management Area, as recommended 
by the New England Fishery Management Council (Council). These TACs may 
be adjusted during FY 2008, if NMFS determines that the harvest of 
these stocks in FY 2007 exceeded the TACs specified for FY 2007. NMFS 
is also considering for the Eastern U.S./Canada Area, postponing the FY 
2008 opening until August 1, 2008, allowing longline gear vessels 
during the May through July period, and setting a cap on the cod caught 
by such vessels during this period at 5 percent of the cod TAC. The 
intent of this action is to provide for the conservation and management 
of those three stocks of fish.

DATES: Comments must be received by February 4, 2008.

ADDRESSES: You may submit comments, identified by 0648-AW13, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-rulemaking portal: http://www.regulations.gov
     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 U.S./Canada TACs.''
     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.
    Copies of the Transboundary Management Guidance Committee's 2007 
Guidance Document and copies of the Environmental Assessment (EA) of 
the 2008 TACs (including the Regulatory Impact Review and Regulatory 
Flexibility Analysis (IRFA) may be obtained from NMFS at the mailing 
address specified above; telephone (978) 281-9315. NMFS prepared a 
summary of the IRFA, which is contained in the Classification section 
of this proposed rule.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
(978) 281-9347, fax (978) 281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Northeast (NE) Multispecies Fishery 
Management Plan (FMP) specifies a procedure for setting annual hard TAC 
levels (i.e., the fishery or area closes when a TAC is reached) for 
Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder in the 
U.S./Canada Management Area. The regulations governing the annual 
development of TACs (Sec.  648.85(a)(2)) were implemented by Amendment 
13 to the FMP (69 FR 22906; April 27, 2004) in order to be consistent 
with the U.S./Canada Resource Sharing Understanding (Understanding), 
which is an informal (i.e. non-binding) understanding between the 
United States and Canada that outlines a process for the management of 
the shared GB groundfish resources. The Understanding specifies an 
allocation of TAC for these three stocks for each country, based on a 
formula that considers historical catch percentages and current 
resource distribution.
    Annual TACs are determined through a process involving the Council, 
the Transboundary Management Guidance Committee (TMGC), and the U.S./
Canada Transboundary Resources Steering Committee (Sec.  
648.85(a)(2)(i)). In September 2007, the TMGC approved the 2007 
Guidance Document for Eastern GB cod, Eastern GB haddock, and GB 
yellowtail flounder, which included recommended U.S. TACs for these 
stocks. The recommended 2008 TACs were based upon the most recent stock 
assessments (Transboundary Resource Assessment Committee (TRAC) Status 
Reports for 2007), and the fishing mortality strategy shared by both 
the United States and Canada. The strategy is to maintain a low to 
neutral (less than 50 percent) risk of exceeding the fishing mortality 
limit reference (Fref = 0.18, 0.26, and 0.25, for cod, 
haddock, and yellowtail flounder, respectively). When stock conditions 
are poor, fishing mortality rates (F) should be further reduced to 
promote rebuilding.
    For Eastern GB cod, the TMGC concluded that the most appropriate 
combined Canada/USA TAC for Eastern Georges Bank cod for the 2008 
fishing year is 2,300 mt. This corresponds to a low risk (less than 
25%) of exceeding the Fref of 0.18 in 2008 and that stock 
biomass will not increase from 2008 to 2009, though that increase is 
estimated to be nominal. The annual allocation shares between countries 
for 2008 are based on a combination of historical

[[Page 442]]

catches (20% weighting) and resource distribution based on trawl 
surveys (80% weighting). Combining these factors entitles the USA to 
29% and Canada to 71%, resulting in a national quota of 667 mt for the 
USA and 1,633 mt for Canada.
    For Eastern GB haddock, the TMGC concluded that the most 
appropriate combined Canada/USA TAC for Eastern Georges Bank haddock 
for the 2008 fishing year is 23,000 mt. This represents a low risk 
(less than 25%) of exceeding the Fref of 0.26. Adult biomass 
is projected to peak at 159,000 mt in 2008, reflecting the recruitment 
and growth of the exceptional 2003 year class, and then decline to 
146,000 mt in 2009. The annual allocation shares between countries for 
2008 are based on a combination of historical catches (20% weighting) 
and resource distribution based on trawl surveys (80% weighting). 
Combining these factors entitles the USA to 35% and Canada to 65%, 
resulting in a national quota of 8,050 mt for the USA and 14,950 mt for 
Canada.
    For GB yellowtail flounder, the TMGC concluded that the most 
appropriate combined Canada/USA TAC for the 2008 fishing year is 2,500 
mt. This corresponds to an F of 0.17, lower than the Fref of 0.25. With 
a catch of 2,500 mt in 2008, the age 3+ biomass is expected to increase 
by 22%. The annual allocation shares between countries for 2008 are 
based on a combination of historical catches (20% weighting) and 
resource distribution based on trawl surveys (80% weighting). Combining 
these factors entitles the USA to 78% and Canada to 22%, resulting in a 
national quota of 1,950 mt for the USA and 550 mt for Canada.
    On September 18, 2007, the Council approved, consistent with the 
2007 Guidance Document, the following U.S. TACs recommended by the 
TMGC: 667 mt of Eastern GB cod, 8,050 mt of Eastern GB haddock, and 
1,950 mt of GB yellowtail flounder. The Council, in a letter dated 
September 27, 2007, requested that NMFS implement these TACs. The 
proposed 2008 Fishing Year TACs represent an increase for all three 
stocks from the 2007 TAC levels (Tables 1 and 2).

      Table 1: 2008 U.S./Canada TACs (mt) and percentage shares (in
                              parentheses)
------------------------------------------------------------------------
                                                           GB Yellowtail
                                GB Cod       GB Haddock       flounder
------------------------------------------------------------------------
Total Shared TAC                  2,300          23,000          2,500
U.S. TAC                       667 (29)      8,050 (35)     1,950 (78)
Canada TAC                   1,633 (71)     14,950 (65)       550 (22)
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      Table 2: 2007 U.S./Canada TACs (mt) and percentage shares (in
                              parentheses)
------------------------------------------------------------------------
                                                           GB Yellowtail
                                GB Cod       GB Haddock       flounder
------------------------------------------------------------------------
Total Shared TAC                  1,900          19,000          1,250
U.S. TAC                       494 (26)      6,270 (33)       900 (72)
Canada TAC                   1,406 (74)     12,730 (67)       350 (28)
------------------------------------------------------------------------

    The 2008 TACs are based upon stock assessments conducted in June 
2007 by the TRAC. The proposed TACs are consistent with the results of 
the TRAC and the TMGC's harvest strategy and, therefore, NMFS proposes 
that they be implemented through this action.
    The regulations for the U.S./Canada Management Understanding, 
implemented by Amendment 13, at Sec.  648.85(a)(2)(ii), state the 
following: ``Any overages of the GB cod, haddock, or yellowtail 
flounder TACs that occur in a given fishing year will be subtracted 
from the respective TAC in the following fishing year.''
    Therefore, should an analysis of the catch of the shared stocks by 
U.S. vessels indicate that an overage occurred during FY 2007, the 
pertinent TAC will be adjusted downward in order to be consistent with 
the FMP and the Understanding. Although it is very unlikely, it is 
possible that a very large overage could result in an adjusted TAC of 
zero. If an adjustment to one of the 2008 TACs for cod, haddock, or 
yellowtail flounder is necessary, the public will be notified through 
publication in the Federal Register and through a letter to permit 
holders.
    NMFS is also notifying the public that it is considering adjusting 
the rules governing the Eastern U.S./Canada Area (Area) for FY 2008. 
The current regulations under 648.85(a)(3)(iv)(D) provide the Regional 
Administrator authority to implement in-season adjustments to various 
management measures in order to prevent over-harvesting or facilitate 
achieving the TAC. On November 7, 2007, the Council voted to postpone 
the FY 2008 opening of the Eastern U.S./Canada Area for vessels fishing 
with trawl gear (from May 1, 2008) until August 1, 2008, in order to 
reduce cod bycatch, while allowing vessels fishing with more selective 
longline gear access during the May through July period. Such vessels 
would be limited to a cod catch of five percent of the cod TAC, or 
33.35 mt of cod. The Regional Administrator is considering implementing 
these measures based upon the Council's recommendation and pertinent 
information.
    The objective of the in-season action is to prevent trawl fishing 
in the Area during the time period when cod bycatch is likely to be 
very high. The goal of the measure is to prolong access to the Area in 
order to maximize the catch of available cod, haddock, and yellowtail 
flounder. During FYs 2005, 2006, and 2007, the Regional Administrator 
restricted management measures and access to the Area in June or July 
when a substantial percentage of the cod TAC had been harvested by 
trawl gear. When the Area closes vessels lose access not only to cod, 
haddock, and yellowtail flounder, but also to other valuable groundfish 
and non-groundfish species. When the Regional Administrator implements 
restrictions to slow the catch of cod, the profitability of trips may 
decline and there is reduced incentive to fish in the Area. Delaying 
access to the Area until August for trawl vessels would reduce the 
catch of cod because the availability of cod is high in the Area during 
the time period May through July, and historically, the cod catch has 
been almost all by trawl vessels. By limiting access to the Area to 
vessels fishing with hook gear only during the period May through July, 
it is likely that once the Area opens to trawl vessels on August 1, the 
length of time the Area will be open or unrestricted will be prolonged, 
and the catch of haddock and yellowtail

[[Page 443]]

flounder, as well as other species will be maximized.

Classification

    NMFS has determined that the proposed rule is consistent with the 
FMP and preliminarily determined that the rule is consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This proposed rule is exempt from review under Executive Order 
12866 because this action contains no implementing regulations.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. A summary of the analysis follows. A copy of 
this analysis is available from the NMFS (see ADDRESSES).
    The specification of hard TACs is necessary in order to ensure that 
the agreed upon U.S./Canada fishing mortality levels for these shared 
stocks of fish are achieved in the U.S./Canada Management Area (the 
geographic area on GB defined to facilitate management of stocks of 
cod, haddock, and yellowtail flounder that are shared with Canada). A 
description of the objectives and legal basis for the proposed TACs is 
contained in the SUMMARY of this proposed rule.
    Under the Small Business Administration (SBA) size standards for 
small fishing entities ($3.5 million), all permitted and participating 
vessels in the groundfish fishery are considered to be small entities 
and, therefore, there are no differential impacts between large and 
small entities. Gross sales by any one entity (vessel) do not exceed 
this threshold. The maximum number of small entities that could be 
affected by the proposed TACs are approximately 1,000 vessels, i.e., 
those with limited access NE multispecies days-at-sea (DAS) permits 
that have an allocation of Category A or B DAS. Realistically, however, 
the number of vessels that choose to fish in the U.S./Canada Management 
Area, and that therefore would be subject to the associated 
restrictions, including hard TACs, would be substantially less.
    During fishing years 2004 through 2006, the number of vessels 
fishing in the U.S./Canada Area ranged from 161 to 184. Because the 
regulatory regime in FY 2008 will be similar to that in place in the 
past, and based on data from FY 2007, it is likely that the number of 
vessels that choose to fish in the U.S./Canada Area during FY 2008 will 
be similar to the past.
    The economic impacts of the proposed TACs are difficult to predict 
due to numerous factors that affect the amount of catch, as well as the 
price of the fish. In general, the rate at which cod is caught in the 
Eastern U.S./Canada Area, and the rate at which yellowtail flounder is 
caught in the Eastern and Western U.S./Canada Area will determine the 
length of time the Eastern U.S./Canada Area will remain open. The 
length of time the Eastern U.S./Canada Area is open will determine the 
amount of haddock that is caught. During the 2004, 2005, and 2006 
fishing years, the TACs were not fully utilized, and inseason changes 
to the regulations impacted the fishery.
    The amount of GB cod, haddock, and yellowtail flounder landed and 
sold will not be equal to the sum of the TACs, but will be reduced as a 
result of discards (discards are counted against the hard TAC), and may 
be further reduced by limitations on access to stocks that may result 
from the associated rules. Reductions to the value of the fish may 
result from fishing derby behavior and the potential impact on markets. 
The overall economic impact of the proposed 2008 U.S./Canada TACs will 
likely be more positive than the economic impacts of the 2007 TACs due 
to increased TACs for cod, haddock, and yellowtail flounder, that will 
likely result in increased revenue. For example, based on the estimates 
in the EA revenues from cod caught in the Eastern U.S./Canada Area may 
increase by approximately $ 786,000 and haddock revenue may increase by 
$ 1,069,000.
    It should be noted that the revenue associated with the cod, 
haddock, and yellowtail flounder represented about 2 %, 4 %, and 10%, 
respectively of the total revenue from trips to the U.S./Canada Area in 
FY 2006. Examples of other valuable species caught are winter flounder, 
witch flounder, and monkfish. If the proposed larger GB cod TAC and 
delayed opening of the Eastern U.S./Canada Area to trawl vessels result 
in a longer period of time that the Eastern U.S./Canada Area is open 
and maximizes the catch of the available TACs, it may result in 
additional revenue from all species.
    Although unlikely, a downward adjustment to the TACs specified for 
FY 2008 could occur after the start of the fishing year, if it is 
determined that the U.S. catch of one or more of the shared stocks 
during the 2007 fishing year exceeded the relevant TACs specified for 
FY 2007. The economic effects of this downward adjustment would likely 
result in a short term loss of revenue proportional to the magnitude of 
the adjustment.
    Three alternatives were considered for FY 2008: The proposed TACs, 
the status quo TACs, and the no action alternative. No additional set 
of TACs are proposed because the process involving the TMGC and the 
Council yields only one proposed set of TACs. Accordingly, NMFS chooses 
to either accept or reject the recommendation of the Council. The 
proposed TACs would have a more positive economic impact as the status 
quo TACs. Adoption of the status quo TACs would not be consistent with 
the FMP because the status quo TACs do not represent the best available 
scientific information incorporated from the most recent TRAC. Although 
the no action alternative (no TACs) would not constrain catch in the 
U.S./Canada Management Area, and therefore would likely provide some 
additional fishing opportunity, the no action alternative is not a 
reasonable alternative because it is inconsistent with the FMP in both 
the short and long term. The FMP requires specification of hard TACs in 
order to limit catch of shared stocks to the appropriate level (i.e., 
consistent with the Understanding and the FMP). As such, the no action 
alternative would likely provide less economic benefits to the industry 
in the long term than the proposed alternative.
    The proposed TACs do not modify any collection of information, 
reporting, or recordkeeping requirements. The proposed TACs do not 
duplicate, overlap, or conflict with any other Federal rules.

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

    Dated: December 27, 2007
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E7-25580 Filed 1-2-08; 8:45 am]
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