[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Rules and Regulations]
[Pages 39624-39625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15717]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071004577-8124-02]
RIN 0648-XI94


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Adjustment to the Total Allowable Catch of 
Georges Bank Yellowtail Flounder from the United States/Canada 
Management Area for Fishing Year 2008

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

ACTION: Inseason action; temporary rule adjusting specifications.

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SUMMARY: NMFS announces that the Total Allowable Catch (TAC) in the 
U.S./Canada Management Area for Georges Bank (GB) yellowtail flounder 
was exceeded for fishing year (FY) 2007, requiring an adjustment of the 
GB yellowtail flounder TAC for FY 2008. This action complies with the 
Fishery Management Plan for the Northeast Multispecies Fishery (FMP) 
and is intended to continue the rebuilding program for yellowtail 
flounder in the FMP by taking into account previous overages of the 
yellowtail flounder quota.

DATES: Effective August 11, 2008, through April 30, 2009.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
(978) 281-9341.

SUPPLEMENTARY INFORMATION: A temporary rule specifying the TACs for 
Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder in the 
U.S./Canada Management Area was published in the Federal Register on 
March 28, 2008 (73 FR 16571). That action established the FY 2008 TACs 
of GB cod, haddock, and yellowtail flounder at 667 mt, 8,050 mt, and 
1,950 mt, respectively, and specified that, should an analysis of the 
catch by U.S. vessels indicate that an overage occurred during FY 2007, 
the pertinent TAC would be adjusted downward in order to be consistent 
with the FMP and the U.S./Canada Management Understanding. The 
regulations state, at Sec.  648.85(a)(2)(ii), that: ``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.'' The March 28, 2008, temporary rule also 
specified that the public would be notified of such an adjustment 
through publication in the Federal Register and through a letter to 
permit holders.
    Based upon vessel reports, dealer reports, and other information 
available as of June 6, 2008, the total estimated catch of GB 
yellowtail flounder in the U.S./Canada Management Area during FY 2007 
was 981.3 mt. This exceeds the FY 2007 GB yellowtail flounder TAC of 
900 mt by 81.3 mt. Therefore, an overage of 81.3 mt of GB yellowtail 
flounder is being deducted from the FY 2008 U.S./Canada GB yellowtail 
flounder TAC through this action. This results in an adjusted TAC of 
1,868.7 mt for FY 2008.
    The Eastern GB cod and haddock TACs were not exceeded in FY 2007. 
Therefore, these TACs are not adjusted. The TACs for Eastern GB cod and 
Eastern GB haddock remain 667 mt and 8,050 mt, respectively.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds 
good cause to waive prior notice and opportunity for public comment, as 
notice and comment would be unnecessary. The regulations under Sec.  
648.85(a)(2)(ii), which were subject to prior public comment, require 
any overage of the TAC for GB yellowtail

[[Page 39625]]

flounder be deducted from the TAC in the following fishing year. 
Accordingly, the action being taken by this temporary rule is non-
discretionary. Since this is a non-discretionary action, based on 
numerous records solely in the possession of NMFS, public comment would 
not serve to inform the agency calculation of the overage and its 
deduction from the appropriate TAC.
    The rate of harvest of GB yellowtail flounder by groundfish vessels 
and scallop vessels fishing in the Scallop Access Areas in the U.S./
Canada Management Area as reported from Vessel Monitoring Systems is 
updated weekly on the internet at http://www.nero.noaa.gov. 
Accordingly, the public is able to obtain information that would 
provide at least some advanced notice of a potential action as a result 
of a GB yellowtail flounder TAC being exceeded during FY 2007. Further, 
the potential that one or more of the FY 2007 TACs for the U.S./Canada 
stocks could be exceeded was considered and open to public comment 
during the proposed rule stage of the temporary rule setting the U.S./
Canada TACs for FY 2008. Therefore, any negative effect the waiving of 
public comment may have on the public is mitigated by these factors.

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

    Dated: July 3, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries.
[FR Doc. E8-15717 Filed 7-9-08; 8:45 am]
BILLING CODE 3510-22-S