[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Rules and Regulations]
[Pages 10426-10428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1067]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060606150-6240-02; I.D. 030107A]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Modification of the Gear Restrictions and Georges 
Bank Yellowtail Flounder Trip Limits 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, trip limit.

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SUMMARY:  NMFS announces that the Administrator, Northeast (NE) Region, 
NMFS (Regional Administrator), is eliminating the haddock separator 
trawl requirement, which was temporarily implemented on June 19, 2006, 
for all limited access NE multispecies vessels fishing with trawl gear 
on a NE multispecies day-at-sea (DAS), and is reducing from 10,000 lb 
(4,536 kg) to 5,000 lb (2,268 kg) the trip limit for Georges Bank (GB) 
yellowtail flounder for all NE multispecies vessels fishing without a 
haddock separator trawl on a NE multispecies DAS in the Eastern U.S./
Canada Area. This temporary reduction in the GB yellowtail flounder 
trip limit is effective through April 30, 2007. A projection based on 
available catch and discard information indicates that removal of the 
haddock separator trawl requirement and establishment of a 5,000-lb 
(2,268 kg) trip limit for GB yellowtail flounder in the Eastern U.S./
Canada Area will help vessels achieve the total allowable catch (TAC) 
limits established for the shared U.S./Canada stocks of cod, haddock, 
and yellowtail flounder while preventing the GB yellowtail flounder TAC 
from being exceeded before the end of the 2006 fishing year on April 
30, 2007. This action is therefore intended to provide increased 
opportunities to harvest the healthy Eastern GB haddock TAC and 
maximize the harvest of the GB yellowtail flounder. This action is 
authorized by the regulations implementing Framework 42 to the NE 
Multispecies Fishery Management Plan (FMP) under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES:  Effective March 5, 2007, through April 30, 2007.

FOR FURTHER INFORMATION CONTACT:  Mark Grant, Fishery Management 
Specialist, (978) 281-9145, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: The U.S. portion of the U.S./Canada Area 
TACs for GB cod, GB haddock, and GB yellowtail flounder for the 2006 
fishing year (May 1, 2006-April 30, 2007) were specified at 374 mt, 
7,480 mt, and 2,070 mt, respectively, on April 28, 2006 (71 FR 25095). 
Pursuant to Sec.  648.85(a)(3)(iv)(E), once the available TAC for GB 
cod, GB haddock, or GB yellowtail flounder is projected to be caught, 
the Regional Administrator is required to close the Eastern U.S./Canada 
Area to all NE multispecies DAS vessels for the remainder of the 
fishing year. The FMP requires trawl vessels issued a valid limited 
access NE multispecies permit and fishing under a NE multispecies DAS 
in the Eastern U.S./Canada Area to fish with either a haddock separator 
trawl or a flounder net. Prohibitions governing the gear

[[Page 10427]]

requirements for the U.S./Canada Management Area are found at Sec.  
648.14(a)(132). The regulations at Sec.  648.85(a)(3)(iv)(D) authorize 
the Regional Administrator to modify certain measures governing the 
harvesting of fish from the U.S./Canada Management Area, including gear 
requirements and trip limits, to prevent over-harvesting or under-
harvesting the U.S. portion of the shared U.S./Canada TAC allocations. 
On June 19, 2006, (71 FR 35199) the Regional Administrator required, on 
a temporary basis, that all limited access NE multispecies vessels 
fishing on a NE multispecies DAS with trawl gear in the Eastern U.S./
Canada Area use a haddock separator trawl to prevent over-harvesting of 
the GB cod TAC under the authority granted by the regulations at Sec.  
648.85(a)(3)(iv)(D). At that time, based upon Vessel Monitoring System 
(VMS) reports and other information available, the Regional 
Administrator projected that the 2006 Eastern U.S./Canada Area GB cod 
TAC would be caught before the end of the 2006 fishing year, resulting 
in the premature closure of the Eastern U.S./Canada Area and the 
potential under-harvest of the available TACs for GB haddock and GB 
yellowtail flounder during the 2006 fishing year. Based on that 
information, the Regional Administrator required that all limited 
access NE multispecies vessels fishing in the Eastern U.S./Canada Area 
under a NE multispecies DAS with trawl gear use a haddock separator 
trawl to reduce catch and discards of GB cod.
    Based upon recent VMS reports and other available information, the 
Regional Administrator has projected that the current rates of harvest 
may result in the under-harvest of the available TACs for GB cod, GB 
haddock, and GB yellowtail flounder during the 2006 fishing year. Based 
on this information, effective March 5, 2007, through April 30, 2007, 
the Regional Administrator is removing the temporary requirement that 
all limited access NE multispecies vessels fishing in the Eastern U.S./
Canada Area under a NE multispecies DAS with trawl gear use a haddock 
separator trawl. The required use of the haddock separator trawl 
requires that certain performance incentives (cod 100 lb (45 kg)/DAS up 
to 1,000 lb (454 kg)/trip; all flounders combined 100 lb (45 kg)/DAS up 
to 500 lb (227 kg)/trip; yellowtail flounder 25 lb (11 kg)/DAS up to 
250 lb (113 kg)/trip; white hake 100 lb (45 kg)/DAS up to 1,000 lb (454 
kg)/trip, and all skates combined 500 lb (227 kg)/trip) be adhered to. 
This requirement has restricted vessels from more fully harvesting the 
GB yellowtail flounder TAC. Removal of the haddock separator trawl 
requirement allows vessels to fish with either a haddock separator 
trawl or a flounder net. NE multispecies vessels may elect to continue 
using a haddock separator trawl rather than a flounder trawl net, but 
will be restricted to the gear performance incentives (trip limits) 
associated with the haddock separator trawl. Vessels electing to fish 
with a flounder net will be subject to the current trip limits with the 
exception noted below. The Western U.S./Canada Area is unaffected by 
this action.
    To reduce the risk of a derby fishery for GB yellowtail flounder 
and reduce the likelihood of attaining the GB yellowtail flounder TAC 
prior to the end of the 2006 fishing year, resulting in the premature 
closure of the Eastern U.S./Canada Area and potential under-harvest of 
the GB cod and GB haddock TACs, the Regional Administrator is reducing 
from 10,000 lb (4,536 kg) to 5,000 lb (2,268 kg) the trip limit for GB 
yellowtail flounder for all limited access NE multispecies DAS vessels, 
fishing without a haddock separator trawl, when declaring into the 
Eastern U.S./Canada Area, effective March 5, 2007, through April 30, 
2007. For non-trawl gear vessels, this is a reduction from the current 
10,000-lb (4,536-kg) trip limit.

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), the Assistant Administrator (AA) 
finds good cause to waive prior notice and opportunity for public 
comment for this action, because notice and comment would be 
impracticable and contrary to the public interest. The regulations at 
Sec.  648.85(a)(3)(iv)(D) grant the Regional Administrator the 
authority to modify gear requirements in the U.S./Canada Management 
Area and to adjust the GB yellowtail flounder trip limit to prevent 
over-harvesting or under-harvesting the GB yellowtail flounder TAC 
allocation. This action would remove the requirement that all NE 
multispecies DAS vessels fishing with trawl gear use a haddock 
separator trawl when fishing in the Eastern U.S./Canada Area (i.e., 
vessels will be allowed the use of a flounder trawl net or a haddock 
separator trawl net). Removing this restriction will provide additional 
opportunities to harvest the healthy Eastern GB haddock stock and 
maximize the harvest of the GB yellowtail flounder TAC specified for 
the Eastern U.S./Canada Area during the 2006 fishing year. Given that 
approximately 30 percent of the GB yellowtail flounder TAC remains 
unharvested and the 2006 fishing year ends on April 30, 2007, the time 
necessary to provide for prior notice, opportunity for public comment, 
or delayed effectiveness would prevent the agency from helping to 
ensure that the 2006 TAC for GB yellowtail flounder will be fully 
harvested.
    Reducing the GB yellowtail flounder trip limit from the current 
10,000 lb (4,536 kg)/ trip to 5,000 lb (2,268 kg)/ trip for all limited 
access NE multispecies DAS vessels fishing in the Eastern U.S./Canada 
Area, when not fishing with a haddock separator trawl, is an ancillary 
measure necessary to help reduce the incentive for a derby fishery 
targeting GB yellowtail flounder in the Eastern U.S./Canada Area, and 
slow the harvest rate of GB cod and GB yellowtail flounder, while still 
allowing increased access to the relatively abundant Eastern GB haddock 
stock. Harvesting the GB yellowtail flounder TAC prior to the end of 
the 2006 fishing year would result in the premature closure of the 
Eastern U.S./Canada Area and could increase economic and social impacts 
to the industry beyond those analyzed for Amendment 13, because the 
full potential revenue from the available GB cod and GB haddock TACs in 
the U.S./Canada Management Area may not be realized.
    For the reasons specified above, and because this action relieves a 
restriction, the AA finds good cause, pursuant to 5 U.S.C. 553(d)(3), 
to waive the entire 30-day delayed effectiveness period for this 
action. A delay in the effectiveness of the gear requirement and trip 
limit modifications in this rule would prevent the agency from 
achieving a better balance between its obligations to prevent the TACs 
from being exceeded and facilitating the harvest of fish at a level 
that approaches optimum yield. Any such delay could lead to the 
negative impacts to the fishing industry described above.
    The rate of harvest of the GB yellowtail flounder TAC in the U.S./
Canada Management Area 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 to provide additional opportunities to the NE 
multispecies industry to fully harvest the TAC for GB yellowtail 
flounder during the 2006 fishing year. Further, the potential for this 
action was considered and open to public comment during the development 
of Amendment 13 and Framework 42. Therefore, any negative effect the 
waiving of public comment and delayed effectiveness may

[[Page 10428]]

have on the public is mitigated by these factors.

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

    Dated: March 1, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-1067 Filed 3-2-07; 2:56 pm]
BILLING CODE 3510-22-S