[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78659-78660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30581]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.071004577 8124 02]
RIN 0648-XL94


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Increase of the Landing Limit for Eastern Georges 
Bank Cod in the U.S./Canada Management Area

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

ACTION: Temporary rule; increase of landing limit.

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SUMMARY: This action increases the landing limit of Eastern Georges 
Bank (GB) cod to 1,000 lb (453.6 kg) per day-at-sea (DAS), or any part 
of a DAS, up to 10,000 lb (4,535.9 kg) per trip for NE multispecies 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 increase the 
likelihood of harvesting the total allowable catch (TAC) for Eastern GB 
cod without exceeding it during the 2008 fishing year. This action is 
being taken to allow 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 December 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 cod landing 
limit within the Eastern U.S./Canada Area are found at Sec.  
648.85(a)(3)(iv)(A) 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 Eastern 
GB cod for the 2008 fishing year (May 1, 2008 - April 30, 2009) was set 
at 667 mt (73 FR 16572, March 28, 2008), a 35-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. The 
default landing limit of Eastern GB cod for NE multispecies DAS vessels 
fishing in the Eastern U.S./Canada Area is 500 lb (226.8 kg) per DAS, 
or any part of a DAS, up to 5,000 lb (2,268 kg) per trip. According to 
the most recent Vessel Monitoring System (VMS) reports and other 
available information, the fishing year 2008 Eastern GB cod TAC will 
not be harvested under the current landing limit. Analysis of harvest 
patterns in previous fishing years indicates that the TAC would not be 
exceeded under the increased landing limit of 1,000 lb (453.6 kg) per 
DAS, or any part of a DAS, up to 10,000 lb (4,535.9 kg) per trip. Based 
on this information, the Regional Administrator is increasing the 
current Eastern GB cod landing limit of 500 lb (226.8 kg) per DAS, or 
any part of a DAS, up to 5,000 lb (2,268 kg) per trip in the Eastern 
U.S./Canada Area; to 1,000 lb (453.6 kg) per DAS, or any part of a DAS, 
up to 10,000 lb (4,535.9 kg) per trip, effective 0001 hours local time 
December 23, 2008, through April 30, 2009.
    Eastern GB cod 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 Eastern GB cod be projected to be 
harvested, 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.

[[Page 78660]]

    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. This action would relieve a restriction by 
increasing the trip limit for Eastern GB cod for all NE multispecies 
DAS vessels fishing in the Eastern U.S./Canada Area through April 30, 
2009, to facilitate the harvest of the TAC for Eastern GB cod while 
ensuring that the TAC will not be exceeded during the 2008 fishing 
year. This will result in decreased regulatory discards of Eastern GB 
cod, increased revenue for the NE multispecies fishery, and an 
increased chance of achieving optimum yield in the groundfish fishery.
    This action is authorized by the regulations at Sec.  
648.85(a)(3)(iv)(D) to facilitate achieving the U.S./Canada Management 
Area TACs. It is important to take this action immediately because the 
current restrictive Eastern GB cod trip limit has prevented the NE 
multispecies fishery from harvesting the TAC at a rate that will result 
in complete harvest by the end of the 2008 fishing year. Delay in the 
implementation of this action could result in further wasteful discards 
of Eastern GB cod and decrease the opportunity available for vessels to 
fully harvest the 2008 Eastern GB cod TAC.
    The information necessary to take this action only became available 
recently. The time necessary to provide for prior notice, opportunity 
for public comment, and delayed effectiveness for this action would 
prevent NE multispecies DAS vessels from efficiently targeting Eastern 
GB cod in the U.S./Canada Management Area. The Regional Administrator's 
authority to increase trip limits for Eastern GB cod in the U.S./Canada 
Management Area to help ensure that the shared U.S./Canada stocks of 
fish are harvested, but not exceeded, was considered and open to public 
comment during the development of Amendment 13 and Framework Adjustment 
42. Further, the potential of increasing the Eastern GB cod trip limit 
was announced to the public when the 2008 U.S./Canada TACs were set (73 
FR 16572, March 28, 2008) prior to the start of the 2008 fishing year. 
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: December 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-30581 Filed 12-22-08; 8:45 am]
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