[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Rules and Regulations]
[Pages 10515-10516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5171]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0401120010-4114-02]
RIN 0648-XN66


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; increase of landing limit.

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SUMMARY:  This action increases the Georges Bank (GB) yellowtail 
flounder trip limit to 5,000 lb (2,268 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 (FMP) and is intended to 
increase the likelihood of harvesting the total allowable catch (TAC) 
for GB yellowtail flounder 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 0001 hours March 9, 2009, through April 30, 2009.

FOR FURTHER INFORMATION CONTACT:  Allison Murphy, Fishery Management 
Specialist, (978) 281-9122, 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 the 2008 fishing 
year (May 1, 2008 - April 30, 2009) was set at 1,950 mt (73 FR 16572, 
March 28, 2008), a

[[Page 10516]]

217-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. On 
April 29, 2008 (73 FR 23130), based upon the 2008 TAC for GB yellowtail 
flounder and projections of harvest rates in the fishery, the trip 
limit for GB yellowtail flounder was set at 5,000 lb (2,268 kg) for the 
2008 fishing year. On October 22, 2008 (73 FR 63652) the trip limit for 
GB yellowtail flounder was reduced to 2,500 lb (1,134 kg) to slow the 
rate of harvest and to prevent a premature closure of the Eastern U.S./
Canada Management Area and, therefore, reduced opportunities to fish 
for Eastern GB cod and haddock in the Eastern U.S./Canada Area.
    According to the most recent Vessel Monitoring System (VMS) reports 
and other available information, the cumulative GB yellowtail flounder 
catch is approximately 67.2 percent of the TAC as of February25, 2009. 
Increasing the GB yellowtail flounder trip limit to 5,000 lb (2,268 kg) 
from 2,500 lb (1,134 kg) is expected to increase landings of GB 
yellowtail flounder, reduce discards, and result in the achievement of 
the TAC during the fishing year, without exceeding it. Based on this 
information, the Regional Administrator is increasing the current 
2,500-lb (1,134-kg) yellowtail flounder trip limit in the U.S./Canada 
Management Area to 5,000 lb (2,268 kg) per trip, effective 0001 hours 
local time March 9, 2009, through April 30, 2009.
    GB yellowtail flounder 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 GB yellowtail 
flounder be projected to be harvested, all vessels would be prohibited 
from harvesting, possessing, or landing yellowtail flounder from the 
entire U.S./Canada Management Area, and 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.
    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. The regulations under Sec.  
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 under-harvesting the TAC allocation. This action would relieve a 
restriction by increasing the GB yellowtail flounder trip limit for all 
NE multispecies DAS vessels fishing in the U.S./Canada Management Area 
through April 30, 2009, to facilitate the harvest of the TAC while 
ensuring that the TAC will not be exceeded during the 2008 fishing 
year. This will result in decreased regulatory discards of GB 
yellowtail flounder, increase revenue for the NE multispecies fishery, 
and increase the chances 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 GB yellowtail flounder 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 GB yellowtail flounder and decrease the opportunity 
available for vessels to fully harvest the 2008 GB yellowtail flounder 
TAC.
    The information necessary to take this action became available only 
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 GB 
yellowtail flounder in the U.S./Canada Management Area. The Regional 
Administrator's authority to increase trip limits for GB yellowtail 
flounder 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: March 5, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-5171 Filed 3-6-09; 4:15 pm]
BILLING CODE 3510-22-S