[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Rules and Regulations]
[Pages 21189-21190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9514]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080521698-9067-02]
RIN 0648-XW04


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Closure of the Eastern U.S./Canada Management 
Area

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

ACTION: Temporary rule; closure and possession restriction.

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SUMMARY: NMFS announces a temporary closure of the Eastern U.S./Canada 
Area to limited access Northeast (NE) multispecies days-at-sea (DAS) 
vessels and a prohibition on the harvest, possession, and landing of 
Georges Bank (GB) yellowtail flounder by all federally-permitted 
vessels within the entire U.S./Canada Management Area. Based upon 
vessel monitoring system (VMS) reports and other available information, 
the Administrator, Northeast Region, NMFS (Regional Administrator) has 
projected that 100 percent of the fishing year (FY) 2009 total 
allowable catch (TAC) of GB yellowtail flounder allocated to be 
harvested from the U.S./Canada Management Area has been harvested. This 
action is being taken to prevent the FY 2009 TAC for GB yellowtail 
flounder in the U.S./Canada Management Area from being exceeded during 
FY 2009 in accordance with the regulations implemented under Amendment 
13 to the NE Multispecies Fishery Management Plan (FMP) and the 
Magnuson-Stevens Fishery Conservation and Management Act.

DATES: Effective 0001 hours April 20, 2010, through April 30, 2010.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management 
Specialist, (978) 675-2153, 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 FY 2009 (May 1, 
2009-April 30, 2010) was set at 1,617 mt by the 2009 interim final rule 
(74 FR 17030, April 13, 2009). An action published on March 16, 2010 
(75 FR 12462), removed a restriction on the use of specific trawl gear 
in parts of the Western U.S./Canada Area (effective March 11, 2010) and 
removed a trawl gear restriction in the Eastern U.S./Canada Area 
(effective on April 13, 2010). Additionally, the trip limit for GB 
yellowtail flounder in the U.S./Canada Management Area was raised from 
2,500 lb (1,134 kg) to 5,000 lbs (2,268 kg) per trip on March 24, 2010 
(75 FR 15625). These actions increased vessels' opportunity to fully 
harvest the GB yellowtail flounder TAC for FY 2009. The regulations at 
Sec.  648.85(a)(3)(iv)(C)(3) authorize the Administrator, Northeast 
(NE) Region, NMFS (Regional Administrator) to close the Eastern U.S./
Canada Area to groundfish DAS vessels and prohibit all vessels from 
harvesting, possessing, or landing yellowtail flounder from the U.S./
Canada Management Area to prevent the GB yellowtail flounder TAC from 
being exceeded.
    According to the most recent VMS reports and other available 
information, the cumulative GB yellowtail flounder catch is 
approximately 98.6 percent of the TAC as of April 19, 2010. Therefore, 
to ensure that the TAC for GB yellowtail flounder will not be exceeded, 
the Eastern U.S./Canada Area is closed to all limited access NE 
multispecies DAS vessels and all vessels are prohibited from 
harvesting, possessing, or landing yellowtail flounder from the U.S./
Canada Management Area, effective 0001 hr April 20, 2010, through April 
30, 2010.

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. This action will temporarily 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 U.S./Canada Management Area. This action is necessary to halt 
the catch of GB yellowtail flounder in the U.S./Canada Management Area 
and prevent the FY 2009 GB yellowtail flounder TAC from being exceeded 
during FY 2009. Because of the rapid increase in GB yellowtail harvest 
rate, it is projected that 100 percent of the GB yellowtail flounder 
TAC will be harvested prior to the end of FY 2009.
    This action is required by the regulations at Sec.  
648.85(a)(3)(iv)(C)(3) to prevent over-harvesting the U.S./Canada

[[Page 21190]]

Management Area TACs. The time necessary to provide for prior notice, 
opportunity for public comment, and delayed effectiveness for this 
action would prevent the agency from taking immediate action to halt 
the catch of GB yellowtail flounder in the U.S./Canada Management Area. 
To allow vessels to continue directed fishing effort on GB yellowtail 
flounder during the period necessary to publish and receive comments on 
a proposed rule could potentially allow the GB yellowtail flounder to 
exceed the FY 2009 TAC for this stock. Exceeding the FY 2009 TAC for GB 
yellowtail flounder would increase mortality of this overfished stock 
beyond that evaluated during the development of Amendment 13 and the 
2009 Interim Action, resulting in decreased revenue for the NE 
multispecies fishery, increased negative 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. Exceeding the FY 
2009 GB yellowtail flounder TAC would also necessitate that any overage 
of the GB yellowtail flounder TAC during FY 2009 for this stock be 
deducted from the FY 2010 TAC for this stock. Reducing the FY 2010 TAC 
due to exceeding the FY 2009 TAC caused by delaying this action, 
therefore, would create an unnecessary burden on the fishing industry 
and further negative economic and social impacts that were not 
previously considered.
    The Regional Administrator's authority to close the Eastern U.S./
Canada Area to all groundfish DAS vessels when any of the TACs 
specified are projected to be caught, was publicly considered and open 
to public comment during the development of Amendment 13. 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 from being 
exceeded during FY 2009. 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 20, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-9514 Filed 4-20-10; 4:15 pm]
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