[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Rules and Regulations]
[Pages 23130-23131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9383]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0401120010-4114-02]
RIN 0648-XH45


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Modification of the Yellowtail Flounder Landing 
Limit for the U.S./Canada Management Area

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

ACTION: Temporary rule; reduction of landing limit.

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SUMMARY: NMFS announces a decrease in the Georges Bank (GB) yellowtail 
flounder trip limit to 5,000 lb (2,268 kg) for NE multispecies days-at-
sea (DAS) vessels fishing in the U.S./Canada Management Area. This 
action is authorized by the regulations implementing Amendment 13 to 
the NE Multispecies Fishery Management Plan and is intended to prevent 
over-harvesting of the total allowable catch (TAC) for GB yellowtail 
flounder during the 2008 fishing year. This action is being taken to 
maintain opportunities for vessels to fully harvest the TACs for 
transboundary stocks of GB cod, haddock, and yellowtail flounder under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: Effective May 1, 2008, through April 30, 2009.

FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy 
Analyst, (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the GB yellowtail 
flounder landing limit within the U.S./Canada Management Area are found 
at 50 CFR 648.85(a)(3)(iv)(C) and (D). The regulations authorize 
vessels issued a valid limited access NE multispecies permit and 
fishing under a NE multispecies DAS to fish in the U.S./Canada 
Management Area, as defined at Sec.  648.85(a)(1), under specific 
conditions. The TAC for GB yellowtail flounder for the 2008 fishing 
year (May 1, 2008 - April 30, 2009) was set at 1,950 mt (73 FR 16572, 
March 28, 2008), a 217-percent increase from the TAC for the 2007 
fishing year.
    The regulations at Sec.  648.85(b)(3)(iv)(C) specify the initial GB 
yellowtail flounder for each fishing year at 10,000 lb (4,536 kg) per 
trip. The regulations at Sec.  648.85(a)(3)(iv)(D) authorize the 
Regional Administrator to increase or decrease the trip limits in the 
U.S./Canada Management Area to prevent over-harvesting or under-
harvesting the TAC allocation. Despite the substantially larger 2008 
TAC for GB yellowtail flounder, projections of harvest rates in the 
fishery indicate that the current trip limit of 10,000 lb (4,536kg) per 
trip could still result in the over-harvest of the GB yellowtail 
flounder TAC before the end of the 2008 fishing year. The regulations 
at Sec.  648.85(a)(3)(iv)(C)(3) state that when 100 percent of the GB 
yellowtail flounder TAC is projected to be harvested, NMFS shall close 
the Eastern U.S./Canada Area to NE multispecies DAS vessels and 
prohibit all vessels from harvesting, possessing, or landing yellowtail 
flounder from the entire U.S./Canada Management Area. Therefore, any 
closure resulting from exceeding the GB yellowtail flounder TAC would 
unnecessarily reduce opportunities to fish for Eastern GB cod and 
haddock in the Eastern U.S./Canada Area. Based upon this information, 
NMFS is decreasing the current 10,000-lb (4,536 kg) trip limit in the 
U.S./Canada Management Area to 5,000 lb (2,268 kg), effective May 1, 
2008, through April 30, 2009. This will allow for the fishery in the 
Eastern U.S./Canada Area to remain open longer and increase the 
opportunities to target Eastern GB cod and haddock during the 2008 
fishing year. Any NE multispecies DAS vessels that have declared into 
the U.S./Canada Management Area, departed on a trip, and crossed the 
VMS demarcation line to start their trip prior to 12:01 AM on May 1, 
2008, may possess and land up to 10,000 lb (4,536 kg) of GB yellowtail 
flounder on that trip only.
    GB yellowtail flounder landings will be closely monitored through 
the Vessel Monitoring System (VMS) and other available information. 
Should 100 percent of the TAC allocation for GB yellowtail flounder be 
projected to be harvested, the Eastern U.S./Canada Area will close to 
all limited access NE multispecies DAS vessels, and all vessels will be 
prohibited from harvesting, possessing, or landing yellowtail flounder 
from the entire U.S./Canada Management Area for the remainder of the 
fishing year. Conversely, if the TAC is projected to be under-harvested 
by the end of the fishing year, in-season adjustments to increase the 
trip limit may be considered.

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)(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 notice, comment, and a delayed effectiveness would be 
impracticable and contrary to the public interest. The regulations 
under Sec.  648.85(a)(3)(iv)(D) grant the Regional Administrator the 
authority to adjust the GB yellowtail flounder trip limit to prevent 
over-harvesting or under-harvesting the TAC allocation. Based upon 
recent projections, even though the 2008 GB yellowtail flounder TAC is 
substantially larger than the 2007 TAC, a trip limit of 10,000 lb 
(4,536 kg) would likely cause the 2008 GB yellowtail flounder TAC to be 
exceeded before August. These projections were not completed in 
sufficient time to allow for a proposed rule. Therefore, during the 
time necessary to provide for prior notice, opportunity for public 
comment, and delayed effectiveness for this action, vessels would be 
able to land GB yellowtail flounder at a rate which would likely result 
in the full harvest of the 2008 GB yellowtail flounder TAC prior to the 
end of the 2008 fishing year. This would necessitate the premature 
closure of the Eastern U.S./Canada Area and a prohibition on the 
retention of GB yellowtail flounder in the entire U.S./Canada 
Management Area, thereby preventing the Agency from meeting its 
obligation to ensure that full opportunity is provided to harvest the 
2008 U.S./Canada Management Area TACs for GB cod, haddock, and 
yellowtail flounder at a level that approaches optimum yield. Further, 
over-harvesting the GB yellowtail TAC would result in an overage 
deduction in fishing year 2009, and increase economic impacts to the 
industry and social impacts beyond those analyzed for Amendment 13. 
Exceeding the 2008 TAC for GB yellowtail flounder would increase 
mortality of this overfished stock beyond that evaluated during the 
development of Amendment 13 and Framework Adjustment 42, resulting in 
decreased revenue for the NE multispecies fishery, increased negative

[[Page 23131]]

economic impacts to vessels operating in the U.S./Canada Management 
Area, a reduced chance of achieving optimum yield in the groundfish 
fishery, and unnecessary delays to the rebuilding of this overfished 
stock.
    The rate of harvest of the GB yellowtail flounder TAC in the U.S./
Canada Management Area is updated weekly on the internet at http://www.nero.noaa.gov. Accordingly, the public is able to obtain 
information that would provide some advanced notice of a potential 
action to provide additional opportunities to the NE multispecies 
industry to fully harvest the TAC for GB yellowtail flounder, as well 
as Eastern GB cod and haddock, during the 2008 fishing year. Further, 
the potential for this action was considered and open to public comment 
during the development of Amendment 13 and Framework 42 to the NE 
Multispecies 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: April 24, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-9383 Filed 4-28-08; 8:45 am]
BILLING CODE 3510-22-S