[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Rules and Regulations]
[Pages 9963-9964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4893]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071004577-8124-02]
RIN 0648-XN46


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Reduction of the Landing Limit for Eastern 
Georges Bank Cod in the U.S./Canada Management Area

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

ACTION: Temporary rule; reduction of landing limit.

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

SUMMARY: This action decreases the landing limit of Eastern Georges 
Bank (GB) cod to 500 lb (226.8 kg) per day-at-sea (DAS), or any part of 
a DAS, up to 5,000 lb (2,267.9 kg) per trip for NE multispecies 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 increase the 
likelihood of harvesting the total allowable catch (TAC) for Eastern GB 
cod 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 March 9, 2009, through April 30, 2009.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
(978) 281-9341, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the GB cod landing 
limit within the Eastern U.S./Canada Area are found at Sec.  
648.85(a)(3)(iv)(A) 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 Eastern 
GB cod for the 2008 fishing year (May 1, 2008 -April 30, 2009) was set 
at 667 mt (73 FR 16572, March 28, 2008), a 35-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. The 
default landing limit of Eastern GB cod for NE multispecies DAS vessels 
fishing in the Eastern U.S./Canada Area is 500 lb (226.8 kg) per DAS, 
or any part of a DAS, up to 5,000 lb (2,268 kg) per trip. NMFS 
published a temporary rule on December 23, 2008 (73 FR 78659), 
increasing the landing limit for Eastern GB cod to 1,000 lb (453.6 kg) 
per DAS, or any part of a DAS, up to 10,000 lb (4,535.9 kg) per trip.
    According to the most recent Vessel Monitoring System (VMS) reports 
and other available information, the cumulative Eastern GB cod catch, 
is approximately 53.8 percent of the TAC, as of February 12, 2009, and 
is expected to achieve the TAC by early April; prior to conclusion of 
the 2008 fishing year. If the TAC were reached it would require that 
the Eastern U.S./Canada Area be closed for the remainder of the 2008 
fishing year, preventing the harvest of the remaining portion of the 
Eastern GB haddock TAC and preventing harvest of GB yellowtail flounder 
in the Eastern U.S./Canada Area. Based on this information, the 
Regional Administrator is decreasing the current Eastern GB cod landing 
limit of 1,000 lb (453.6 kg) per DAS, or any part of a DAS, up to 
10,000 lb (4,535.9 kg) per trip in the Eastern U.S./Canada Area; to 500 
lb (226.8 kg) per DAS, or any part of a DAS, up to 5,000 lb (2,268 kg) 
per trip, effective 0001 hours local time March 9, 2009, through April 
30, 2009.
    Eastern GB cod 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 Eastern GB cod be projected to be 
harvested, 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), the Assistant 
Administrator finds good cause to waive prior notice and opportunity 
for public comment, as well

[[Page 9964]]

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 Eastern GB 
cod trip limit to prevent over-harvesting or under-harvesting the TAC 
allocation. This action would reduce the Eastern GB cod limit for all 
NE multispecies DAS vessels fishing in the U.S./Canada Management Area 
for the remainder of the 2008 fishing year. This action is intended to 
prevent the over-harvest of the Eastern GB cod TAC while allowing 
continued opportunities to achieve optimum yield in the NE multispecies 
fishery.
    It is important to take this action immediately to slow the rate of 
Eastern GB cod harvest. Any further delay of this action is likely to 
result in a precipitous harvest of the Eastern GB cod TAC which may 
require that the Eastern U.S./Canada Area be closed for the remainder 
of the 2008 fishing year, preventing the harvest of the remaining 
portion of the Eastern GB haddock TAC, and preventing harvest of GB 
yellowtail flounder in the Eastern U.S./Canada Management Area, thereby 
reducing the ability of fishers to maximize their fishing 
opportunities. Exceeding the 2008 TAC for Eastern GB cod would increase 
mortality of this overfished stock beyond that evaluated during the 
development of Amendment 13, resulting in decreased revenue for the NE 
multispecies fishery, increased negative economic impacts to vessels 
operating in the Eastern 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 2008 
Eastern GB cod TAC would also necessitate that any overages during the 
2008 fishing year be deducted from the Eastern GB cod TAC for the 2009 
fishing year. Reducing the 2009 TAC due to any 2008 TAC overage as a 
result of delaying this action 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 decrease the trip limit 
for Eastern GB cod in the U.S./Canada Management Area to ensure the 
shared U.S./Canada stocks of fish are harvested, but not exceeded, was 
publicly considered and open to public comment during the development 
of Amendment 13. Further, the potential of decreasing the Eastern GB 
cod trip limit was announced to the public when the current trip limit 
was implemented on December 23, 2008. The public is able to obtain 
information on the rate of harvest of the Eastern GB cod 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 Eastern GB cod from being exceeded during the 2008 
fishing year. 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 4, 2009
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-4893 Filed 3-4-09; 4:15 pm]
BILLING CODE 3510-22-S