[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Rules and Regulations]
[Pages 59917-59918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27821]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080521698-9067-02]
RIN 0648-XS87


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Gear Restriction for the U.S./Canada Management 
Area

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

ACTION:  Temporary rule; gear restriction.

-----------------------------------------------------------------------

SUMMARY:  This action modifies the gear requirements for the U.S./
Canada Management Area to prohibit all limited access Northeast (NE) 
multispecies vessels fishing on a NE multispecies day-at-sea (DAS) with 
trawl gear in the Western U.S./Canada Area south of 41[deg]40' N. lat. 
from using trawl nets, except if using a properly configured haddock 
separator trawl or Ruhle trawl. This action is authorized by the 
regulations implementing Amendment 13 to the NE Multispecies Fishery 
Management Plan (FMP), and is intended to avoid exceeding the total 
allowable catch (TAC) for Georges Bank (GB) yellowtail flounder while 
continuing to allow access to stocks of Eastern GB cod and Eastern GB 
haddock during the 2009 fishing year (FY). This action is being taken 
to optimize the harvest of transboundary stocks of GB yellowtail 
flounder, haddock, and cod under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES:  Effective November 20, 2009, through April 30, 2010.

FOR FURTHER INFORMATION CONTACT:  Douglas Potts, Fishery Policy 
Analyst, (978) 281-6341, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the gear requirements 
for the U.S./Canada Management Area under the 2009 interim final rule 
(74 FR 17030, April 13, 2009) are found at Sec.  648.85(a)(3)(ix). The 
GB yellowtail flounder TAC for FY 2009 (May 1, 2009 - April 30, 2010) 
was specified at 1,617 mt by the 2009 interim final rule. Once the 
available TAC for GB yellowtail flounder is projected to be caught, the 
Administrator, Northeast Region, NMFS (Regional Administrator) is 
required to close the Eastern U.S./Canada Area to all NE multispecies 
DAS vessels and prohibit retention of yellowtail flounder in the 
Western U.S./Canada Area for the remainder of the fishing year, 
pursuant to Sec.  648.85(a)(3)(iv)(E).
    The regulations at Sec.  648.85(a)(3)(iv)(D) authorize the Regional 
Administrator to modify certain regulations governing the harvesting of 
fish from the U.S./Canada Management Area, including gear requirements, 
to prevent over-harvesting or under-harvesting the TAC allocations 
specified for Eastern GB cod, Eastern GB haddock, or GB yellowtail 
flounder in the U.S./Canada Management Area. Based upon Vessel 
Monitoring System (VMS) reports and other available information, the 
catch of GB yellowtail flounder was at 78 percent of the FY 2009 TAC as 
of November 4, 2009, and was projected to be fully harvested in early 
January 2010, resulting in the premature closure of the Eastern U.S./
Canada Area and the potential under-harvest of the available TACs for 
Eastern GB cod and haddock during FY 2009. Recent at-sea observer 
reports indicate that very high discard rates of GB yellowtail flounder 
have occurred on some vessels directing on other flatfish. These 
reports indicate that the high catch rates of yellowtail flounder are 
being caught primarily south of 41 40' N. lat. Requiring trawl vessels 
that fish any part of a trip in the Western U.S./Canada Area south of 
41 40' N. lat. to use either a haddock separator trawl or a Ruhle trawl 
would reduce the catch rate of yellowtail flounder, reduce discards, 
and result in the achievement of the TAC, without exceeding it. Based 
on this information, the Regional Administrator is prohibiting the use 
of trawl gear, except for the haddock separator trawl and the Ruhle 
trawl, as specified at Sec.  648.85(a)(3)(ix) and (b)(10)(iv)(J)(3), 
respectively, by any limited access NE multispecies vessel which 
harvests, possesses or lands fish from, or deploys its net during any 
part

[[Page 59918]]

of a trip in, the Western U.S./Canada Area south of 41[deg] 40' N. lat. 
under a NE multispecies DAS, to reduce catches and discards of GB 
yellowtail flounder, effective November 20, 2009, through April 30, 
2010, or until modified by a subsequent action. For any such vessels, 
other gear may be on board the vessel but must be stowed according to 
the regulations at Sec.  648.23(b) for the entire trip. For any limited 
access NE multispecies vessel possessing, harvesting, or landing fish 
exclusively from the area north of 41[deg] 40' N. lat., all trawl gear, 
except the haddock separator trawl or Ruhle trawl, must be stowed while 
transiting the Western U.S./Canada Area south of this line. If 
sufficient GB yellowtail flounder TAC remains available, the Regional 
Administrator may lift this gear restriction before the end of FY 2009 
to allow additional opportunity to achieve the FY 2009 TACs for the 
transboundary stocks of GB yellowtail flounder, GB cod, and GB haddock.
    A previous temporary rule published on September 15, 2009 (74 FR 
47118), restricted the use of trawl gear in the Eastern U.S./Canada 
Area to either the haddock separator trawl or the Ruhle trawl. Trawl 
vessels may continue to fish in either the Eastern or Western U.S./
Canada Areas using either a haddock separator trawl or a Ruhle trawl. 
This action does not affect vessels fishing in the U.S./Canada 
Management Area with either hook gear or gillnet gear, as these gears 
do not catch a significant amount of yellowtail flounder. Because 
observer reports indicate that catches of yellowtail flounder are lower 
north of 41[deg] 40' N. lat., other trawl gear will continue to be 
allowed on trips fishing in the Western U.S./Canada Area exclusively 
north of this line in order to allow vessels to harvest other species 
of flatfish.
    The regulations at Sec.  648.85(a)(3)(iv)(D) specify that, if the 
Regional Administrator, under this authority, requires use of a 
particular gear type in order to reduce catches of stocks of concern, 
the following gear performance incentives will apply: Possession of 
flounders (all species combined), monkfish, and skates is limited to 
500 lb (226.8 kg)(whole weight) each (i.e., no more than 500 lb (226.8 
kg) of all flounders, no more than 500 lb (226.8 kg) of monkfish, and 
no more than 500 lb (226.8 kg) of skates), and possession of lobsters 
is prohibited.

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), there is 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 modify gear requirements to 
prevent over-harvesting or under-harvesting the TAC allocation. Because 
of the time necessary to provide for prior notice and opportunity for 
public comment, NMFS would be prevented from taking immediate action to 
slow the catch rate of GB yellowtail flounder in the U.S./Canada 
Management Area. Such a delay would allow the high catch rate of GB 
yellowtail flounder to continue and would result in excessive discards 
of GB yellowtail flounder, the premature closure of the Eastern U.S./
Canada Area for the remainder of the fishing year, and the potential 
under-harvest of the available TACs specified for Eastern GB cod and 
haddock. Excessive discards of GB yellowtail flounder caused by a 
delayed implementation of this action could potentially increase 
mortality on this overfished stock and undermine the conservation 
objectives of Amendment 13 to the FMP, and the Magnuson-Stevens Act. If 
implementation of this action is delayed, the NE multispecies fishery 
could be prevented from fully harvesting the TACs for Eastern GB cod 
and haddock during FY 2009. Under-harvesting these TACs would result in 
increased economic impacts to the industry, and social impacts beyond 
those analyzed in Amendment 13, as the full potential revenue from the 
available Eastern GB cod and haddock would not be realized.
    The rate of harvest of the Eastern GB cod, Eastern GB haddock, and 
GB yellowtail flounder TACs in the U.S./Canada Management Area are 
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 to provide 
additional opportunities to the NE multispecies industry to fully 
harvest the TAC for any species during FY 2009. Further, the Regional 
Administrator's authority to modify gear requirements 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 to the FMP and 
Framework Adjustment 42 to the 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: November 16, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-27821 Filed 11-16-09; 4:15 pm]
BILLING CODE 3510-22-S