Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20287 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 04011–2010–4114–02; I.D. 

041707E] 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) 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; landing limit. 

SUMMARY: NMFS announces a decrease 

in the Georges Bank (GB) yellowtail 

flounder trip limit to 3,000 lb (1,361 kg) 

for NE multispecies days-at-sea (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 prevent overharvesting of the Total Allowable Catch 

(TAC) for GB yellowtail flounder during 

the 2007 fishing year. This action is 

being taken to provide additional 

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 May 1, 2007, through 

April 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Tobey Curtis, Fishery Management 

Specialist, (978) 281–9273, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the GB yellowtail 

flounder landing limit within the U.S./ 

Canada Management Area are found at 

§ 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 

§ 648.85(a)(1), under specific 

conditions. The TAC for GB yellowtail 

flounder for the 2007 fishing year (May 

1, 2007 - April 30, 2008) is proposed to 

be 900 mt (72 FR 10967, March 12, 

2007); a 43–percent reduction from the 

TAC for the 2006 fishing year. The 

regulations at § 648.85(a)(3)(iv)(D) 

authorize the Regional Administrator to 

increase or decrease the trip limits in 

the U.S./Canada Management Area to 

prevent over-harvesting or underharvesting the TAC allocation. Based 

upon the reduced 2007 TAC for GB 

yellowtail flounder, and projections of 

harvest rates in the fishery, the current 

trip limits could result in the overharvest of the GB yellowtail flounder 

TAC during the 2007 fishing year, and 

reduce the opportunities to fish for 

Eastern GB cod and haddock in the 

Eastern U.S./Canada Area. Based on this 

information, NMFS is decreasing the 

current 10,000–lb (4,536–kg) trip limit 

in the U.S./Canada Management Area to 

3,000 lb (1,361 kg), effective May 1, 

2007, through April 30, 2008. 

Accordingly, there is a 3,000 lb (1,361 

kg) trip limit on the amount of GB 

yellowtail flounder that can be 

harvested or landed for the 2007 fishing 

year for vessels subject to these 

regulations. This will allow for the 

fishery in the Eastern U.S./Canada Area 

to remain open longer, and increase the 

opportunities to target Eastern GB cod 

and haddock during the 2007 fishing 

year. NE multispecies vessels fishing in 

the Eastern U.S./Canada Area under a 

NE multispecies DAS with trawl gear 

must use either a haddock separator 

trawl or a flounder trawl net, as 

specified at § 648.85(a)(3)(iii). GB 

yellowtail flounder landings will be 

closely monitored through the Vessel 

Monitoring System (VMS) and other 

available information. Should 100 

percent of the TAC allocation for GB 

yellowtail flounder be projected to be 

harvested, the Eastern U.S./Canada Area 

will close to all limited access NE 

multispecies DAS vessels, and all 

vessels will be prohibited from 

harvesting, possessing, or landing 

yellowtail flounder from the entire U.S./ 

Canada Management Area for the 

remainder of the fishing year. 

Conversely, if the TAC is projected to be 

under-harvested by the end of the 

fishing year, inseason adjustments to 

increase the trip limit may be 

considered. 

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), the Assistant Administrator finds 

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 

§ 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 underharvesting the TAC allocation. Given 

that there is a relatively small GB 

yellowtail flounder TAC of 900 mt, the 

time necessary to provide for prior 

notice, opportunity for public comment, 

or delayed effectiveness could prevent 

the agency from ensuring that the TAC 

is not exceeded. If implementation of 

this action is delayed, the NE 

multispecies fishery could fully harvest 

the TAC for GB yellowtail flounder 

prior to the end of the 2007 fishing year. 

Over-harvesting the GB yellowtail TAC 

would result in an overage deduction in 

fishing year 2008, and increase 

economic impacts to the industry and 

social impacts beyond those analyzed 

for Amendment 13. A delay in the 

effectiveness of the trip limit 

modification in this rule could prevent 

the agency from meeting its 

management obligation and ensuring 

the opportunity for the 2007 TACs for 

GB cod, haddock, and yellowtail 

flounder specified for the U.S./Canada 

Management Area to be harvested at a 

level that approaches optimum yield. 

Any such delay could lead to the 

negative impacts to the fishing industry 

described above. The decision to take 

this action could not be made earlier 

due to the delayed recommended 

specifications of the 2007 fishing year 

TACs in the U.S./Canada Management 

Area from the Transboundary 

Management Guidance Committee and 

the New England Fishery Management 

Council. The proposed 2007 TACs were 

published in the Federal Register on 

March 12, 2007, and the public 

comment period closed on April 11, 

2007. Therefore, the final decision to 

implement a 900 mt TAC for GB 

yellowtail flounder, and a 

precautionary, reduced trip limit for the 

2007 fishing year, could not be made 

until after that comment period closed. 

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 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, as well as Eastern 

GB cod and haddock, during the 2007 

fishing year. Further, the potential for 

this action was considered and open to 

public comment during the 

development of Framework 42. 


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20288 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

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 19, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–7789 Filed 4–23–07; 8:45 am] 

BILLING CODE 3510–22–S 


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