[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Rules and Regulations]
[Pages 63652-63654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25593]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0401120010-4114-02]
RIN 0648-XL40


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
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: This action decreases the Georges Bank (GB) yellowtail 
flounder trip limit to 2,500 lb (1,134 kg) for NE multispecies days-at-
sea (DAS) vessels

[[Page 63653]]

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 October 23, 2008, through April 30, 2009.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
(978) 281-9341, 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(a)(3)(iv)(D) authorize the 
Administrator, Northeast (NE) Region, NMFS (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. On 
April 29, 2008 (73 FR 23130), based upon the 2008 TAC for GB yellowtail 
flounder and projections of harvest rates in the fishery, the trip 
limit for GB yellowtail flounder was set at 5,000 lb (2,268 kg) for the 
2008 fishing year, to prevent a premature closure of the Eastern U.S./
Canada Management Area and, therefore, reduced opportunities to fish 
for Eastern GB cod and haddock in the Eastern U.S./Canada Area.
    According to the most recent Vessel Monitoring System (VMS) reports 
and other available information, the cumulative GB yellowtail flounder 
catch, as of October 16, 2008, is estimated to be over 40 percent of 
the TAC. Harvest of the GB yellowtail flounder TAC would result in the 
closing of the Eastern U.S./Canada Area, preventing harvest of the 
remaining portions of the GB cod and GB haddock TACs. Decreasing the GB 
yellowtail flounder trip limit to 2,500 lb (1,134 kg) from 5,000 lb 
(2,268 kg) is expected to reduce the number of trips made to the U.S./
Canada Management Area to target GB yellowtail flounder, decrease 
landings of yellowtail flounder without increasing discards, and result 
in the achievement of the TAC during the fishing year without exceeding 
it. Based on this information, and at the request of the New England 
Fishery Management Council (Council), the Regional Administrator is 
decreasing the current 5,000-lb (2,268-kg) yellowtail flounder trip 
limit in the U.S./Canada Management Area to 2,500-lb (1,134-kg) per 
trip, effective 0001 hours local time October 23, 2008, through April 
30, 2009.
    GB yellowtail flounder landings will continue to be closely 
monitored. Further inseason adjustments to increase or decrease the 
trip limit may be considered, based on updated catch data and 
projections. Should 100 percent of the TAC allocation for GB yellowtail 
flounder be projected to be harvested, all vessels would be prohibited 
from harvesting, possessing, or landing yellowtail flounder from the 
entire U.S./Canada Management Area, and the Eastern U.S./Canada Area 
would be closed to limited access NE multispecies DAS vessels for the 
remainder of the fishing year.

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)(3)(B) and (d)(3), there is good cause 
to waive prior notice and opportunity for public comment; as well as 
the delayed effectiveness for this action, because prior notice and 
comment, and a delayed effectiveness, would be impracticable and 
contrary to the public interest. The regulations under Sec.  
658.85(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. This action would reduce the GB 
yellowtail trip limit for all NE multispecies DAS vessels fishing in 
the U.S./Canada Management Area for the remainder of the 2008 fishing 
year. This action is intended to prevent the over-harvest of the GB 
yellowtail flounder TAC while allowing continued opportunities to 
achieve optimum yield in the NE multispecies fishery.
    This action is authorized by the regulations at Sec.  
648.85(a)(3)(iv)(D). It is important to take this action immediately to 
slow the rate of GB yellowtail flounder harvest. Any further delay of 
this action is likely to result in a precipitous harvest of the GB 
yellowtail flounder TAC which would require that the Eastern U.S./
Canada Management Area be closed for the remainder of the 2008 fishing 
year, preventing the harvest of the remaining portions of the GB cod 
and GB haddock TACs, thereby reducing the ability of fishers to 
maximize their fishing opportunities. Exceeding the 2008 TAC for GB 
yellowtail flounder would increase mortality of this overfished stock 
beyond that evaluated during the development of Amendment 13, resulting 
in decreased revenue for the NE multispecies fishery, increased 
negative economic impacts to vessels operating in the U.S./Canada Area, 
a reduced chance of achieving optimum yield in the groundfish fishery, 
and unnecessary delays to the rebuilding of this overfished stock. 
Exceeding the 2008 GB yellowtail flounder TAC would also necessitate 
that any overages during the 2008 fishing year be deducted from the GB 
yellowtail flounder TAC for the 2009 fishing year. Reducing the 2009 
TAC due to any 2008 TAC overage caused by delaying this action would 
create an unnecessary burden on the fishing industry and further 
negative economic and social impacts that were not previously 
considered.
    The potential of decreasing the GB yellowtail flounder trip limit 
was announced to the public when the 5,000-lb (2,268-kg) trip limit was 
implemented on April 29, 2008. Additional public notice occurred when 
the Council voted to request that the Regional Administrator reduce the 
trip limit at its public meeting on October 8, 2008. Further, the 
public is able to obtain information on the rate of harvest of the GB 
yellowtail flounder TAC via the NMFS Northeast Regional Office website 
(http://www.nero.noaa.gov), which provides at least some advanced 
notice of a potential action to prevent the TAC for GB yellowtail 
flounder from being exceeded during the 2008 fishing year. The Regional 
Administrator's authority to decrease the trip limit for GB yellowtail 
flounder in the U.S./Canada Management Area to ensure the shared U.S./
Canada stocks of fish are harvested, but not exceeded, was publically 
considered and open to public comment during the development of 
Amendment 13 and FW 42. 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.


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    Dated: October 22, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-25593 Filed 10-22-08; 4:40 pm]
BILLING CODE 3510-22-S