[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Rules and Regulations]
[Pages 16571-16574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071004577-8124-02]
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: Temporary rule; specifications.

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SUMMARY: The following Total Allowable Catches (TACs) in the U.S./
Canada Management Area are implemented for the 2008 fishing year (FY): 
667 mt of Eastern Georges Bank (GB) cod, 8,050 mt of Eastern GB 
haddock, and 1,950 mt of GB yellowtail flounder. 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. Further, 
NMFS is postponing the FY 2008 opening of the Eastern U.S./Canada Area 
until August 1, 2008, for trawl vessels. Longline gear vessels are 
allowed to fish in the Eastern U.S./Canada Area during the May through 
July 2008 period with a cap on the amount of cod caught during this 
period set at 5 percent of the cod TAC (i.e., 33.4 mt). The intent of 
this action is to provide for the conservation and management of the 
three shared stocks of fish, as required by the regulations 
implementing the Northeast Multispecies Fishery Management Plan.

DATES: This rule is effective May 1, 2008, through April 30, 2009.

ADDRESSES: Copies of the Transboundary Management Guidance Committee's 
(TMGC's) 2007 Guidance

[[Page 16572]]

Document and copies of the Environmental Assessment (EA) of the 2008 
TACs (including the Regulatory Impact Review and Final Regulatory 
Flexibility Analysis (FRFA) may be obtained from NMFS at the mailing 
address specified above; telephone (978) 281-9315. NMFS prepared a 
summary of the FRFA, which is contained in the Classification section 
of this final rule.

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

SUPPLEMENTARY INFORMATION: A proposed rule for this action was 
published on January 3, 2008 (73 FR 441), with public comment accepted 
though February 4, 2008. A detailed description of the administrative 
process used to develop the TACs was contained in the preamble of the 
proposed rule and is not repeated here. The 2008 TACs are 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. For Eastern GB 
cod, the TMGC concluded that the most appropriate combined U.S./Canada 
TAC for FY 2008 is 2,300 mt. The United States is entitled to 29 
percent and Canada to 71 percent, resulting in a quota of 667 mt of cod 
for the United States and 1,633 mt of cod for Canada. For Eastern GB 
haddock, the TMGC concluded that the most appropriate combined U.S./
Canada TAC for FY 2008 is 23,000 mt. The United States is entitled to 
35 percent and Canada to 65 percent, resulting in a quota of 8,050 mt 
of haddock for the United States and 14,950 mt of haddock for Canada. 
For GB yellowtail flounder, the TMGC concluded that the most 
appropriate combined U.S./Canada TAC for FY 2008 is 2,500 mt. The 
United States is entitled to 78 percent and Canada to 22 percent, 
resulting in a quota of 1,950 mt of yellowtail flounder for the United 
States and 550 mt of yellowtail flounder for Canada. On September 18, 
2007, the New England Fishery Management Council (Council) approved, 
consistent with the 2007 Guidance Document, the U.S. TACs recommended 
by the TMGC and recommended their adoption to NMFS. The 2008 TACs 
represent increases over the 2007 TAC levels (Tables 1 and 2).

                   Table 1: 2008 U.S./Canada TACs (mt) and percentage shares (in parentheses)
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                                                           GB Cod        GB Haddock       GB Yellowtail flounder
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                   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)
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                                                           GB Cod        GB Haddock       GB Yellowtail flounder
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                   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)
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    The regulations for the U.S./Canada Management Understanding, 
implemented by Amendment 13 to the Northeast Multispecies Fishery 
Management Plan (FMP), 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.
    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, and allow vessels fishing 
with more selective longline gear access during the May through July 
period, provided such vessels are limited to a cod catch of 5 percent 
of the cod TAC (i.e., 33.4 mt). The goal of the restriction, which is 
more fully described in the proposed rule, is to prolong access to the 
Eastern U.S./Canada Area in order to maximize the catch of available 
haddock, yellowtail flounder, and other species. The objective of the 
action is to prevent trawl fishing in the Eastern U.S./Canada Area 
during the time period when cod bycatch is likely to be very high, and 
prevent early closure of the Eastern U.S./Canada Area.
    Therefore, based upon pertinent information on the catch rate of 
cod in the Eastern U.S./Canada Area, the Regional Administrator is 
implementing (under existing authority for in- season management) the 
Council's recommendation to delay access to the Eastern U.S./Canada 
Area to trawl gear vessels in FY 2008 to August 1, 2008, in order to 
maximize total fishing opportunity. If NMFS projects that 33.4 mt of GB 
cod will be caught by longline vessels from the Eastern U.S./Canada 
Area prior to August 1, 2008, it will close the Eastern Area to such 
vessels until August 1.

Comments and Responses

    One pertinent comment was received on the proposed rule from the 
Cape Cod Commercial Hook Fisherman's Association.
    Comment: The commenter expressed support for the delayed opening of 
the Eastern U.S./Canada Area to trawl vessels.
    Response: NMFS agrees with the commenter that delayed opening of 
the Eastern U.S./Canada Area will reduce bycatch of cod and result in 
increased catch of haddock and other species.

Classification

    NMFS has determined that this final rule is consistent with the FMP 
and is consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This temporary rule is published pursuant to 50 CFR part 648 and 
has been determined to be not significant for purposes of Executive 
Order 12866.

[[Page 16573]]

    NMFS prepared a FRFA, which incorporates the IRFA and this final 
rule, and describes the economic impact that this action may have on 
small entities. No comments on the economic impacts of the TACs were 
received.
    The specification of hard TACs for the U.S./Canada shared stocks of 
Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder is 
necessary in order to ensure that the fishing mortality levels for 
these shared stocks 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 full description of the objectives and legal basis for the TACs is 
contained in the preamble of the proposed rule. A summary of the 
analysis follows. A copy of this analysis is available from NMFS (see 
ADDRESSES).
    Under the Small Business Administration (SBA) size standards for 
small fishing entities ($ 4.0 million in annual revenue), 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 is 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, will be substantially 
less. The average number of vessels that fished in the U.S./Canada 
Management Area in a fishing year in the past was 169 (FY 2004 - 2006).
    During FYs 2004 through 2006, the number of vessels fishing in the 
U.S./Canada Management 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 Management 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 FYs 2004, 2005, and 2006, the TACs were not 
fully utilized, and inseason changes to the regulations impacted the 
fishery. The delayed opening of the Eastern U.S./Canada Area in FY 2008 
for vessels fishing with trawl gear could result in an increase in 
total fishing opportunity, and increased revenues.
    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 
also 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 
estimates in the EA, revenues from cod caught in the Eastern U.S./
Canada Area could increase by approximately $786,000, and haddock 
revenue could increase by $1,069,000.
    Revenue associated with cod, haddock, and yellowtail flounder 
represented about 2 percent, 4 percent, and 10 percent, respectively, 
of the total revenue from trips to the U.S./Canada Management Area in 
FY 2006. Examples of other valuable species caught are winter flounder, 
witch flounder, and monkfish. If the larger FY 2008 GB cod TAC and the 
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 therefore maximizes the catch of the available TACs, it may result 
in additional revenue from all species.
    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 FY 2007 exceeded 
the relevant TACs specified for FY 2007. Based on information to date, 
it is possible that the catch of GB yellowtail flounder in FY 2007 may 
slightly exceed the FY 2007 TAC, due to discards, and an adjustment may 
be necessary. However, due to the increased size of all three TACs for 
the shared stocks for FY 2008, and the likelihood that any adjustment 
would be small, the economic effects of a downward TAC adjustment would 
be relatively small.
    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 than the 
status quo TACs. Adoption of the status quo TACs would not be 
consistent with the FMP because the status quo TACs are not based on 
the best available scientific information 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, and result in the reduced probability in 
timely stock rebuilding. 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.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a letter to permit holders that also serves as 
a small entity compliance guide (the guide) was prepared. Copies of 
this final rule are available from the Northeast Regional Office, and 
the guide, i.e., permit holder letter, will be sent to all holders of 
limited access DAS permits for the NE multispecies fishery. The guide 
and this final rule will be posted on the NMFS NE Regional Office web 
site at http://www.nero.noaa.gov and will also be available upon 
request.


[[Page 16574]]


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

    Dated: March 24, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-6442 Filed 3-27-08; 8:45 am]
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