[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Rules and Regulations]
[Pages 17907-17908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8990]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071004577-8124-02]
RIN 0648-XO25


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.

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

SUMMARY: NMFS announces a temporary closure of the Eastern U.S./Canada 
Area to limited access NE multispecies days-at-sea (DAS) vessels. 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 total allowable 
catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the 
Eastern U.S./Canada Area would be harvested in the next few days, if 
current catch rates continue. This action is being taken to prevent the 
2008 TAC for GB cod in the Eastern U.S./Canada Area from being exceeded 
during the 2008 fishing year 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: The temporary closure of the Eastern U.S./Canada Area to all 
limited access NE multispecies DAS vessels is effective 0001 hr April 
16, 2009, through 2400 hr local time, 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. 
The limit was subsequently decreased on March 9, 2009, to 500 lb per 
DAS, or any part of a DAS, up to 5,000 lb per trip, as the TAC was 
expected to be achieved by early April, prior to the conclusion of the 
2008 fishing year.
    Based upon VMS daily catch reports and other available information, 
the 2008 TAC is projected to be achieved if the Eastern U.S./Canada 
Area is closed immediately. Therefore, to ensure that the TAC for GB 
cod will not be exceeded, the Eastern U.S./Canada Area is closed to all 
limited access NE

[[Page 17908]]

multispecies DAS vessels, effective 0001 hr April 16, 2009, pursuant to 
(Sec.  648.85(a)(3)(iv)(E), through the end of the 2008 fishing year 
(April 30, 2009).
    Vessel owners that have made a correct VMS declaration indicating 
their intention to fish in the Eastern U.S./Canada Area, and crossed 
the demarcation line prior to 0001 hr April 16, 2009 may continue to 
fish for the remainder of their trip in the Eastern U.S./Canada Area. 
Vessels that are currently declared into the Eastern U.S./Canada Area 
and have already (flexed out( or (flexed west,( may not reenter the 
Eastern U.S./Canada Area after 0001 hr April 16, 2009. Any vessel that 
leaves the Eastern U.S./Canada Area after 0001 hr April 16, 2009 is 
prohibited from reentering the Eastern U.S./Canada Area for the 
remainder of the fishing year, unless otherwise notified.

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. This action is 
necessary to prevent the Eastern U.S./Canada Area GB cod TAC from being 
exceeded during the 2008 fishing year. Because of the rapidly 
increasing GB cod harvest rate, and the small GB cod TAC, it is 
projected that 102 percent of the GB cod TAC will be harvested if the 
Eastern U.S./Canada Area is closed immediately. This projection was not 
available until April 13, 2009.
    This action is required by the regulations at (Sec.  
648.85(a)(3)(iv)(E) to prevent over-harvesting the U.S./Canada 
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 cod in the Eastern U.S./Canada Area and prevent the 
Eastern U.S./Canada Area GB cod TAC from being exceeded prior to the 
end of the 2008 fishing year. To allow vessels to continue directed 
fishing effort on GB cod and GB haddock during the period necessary to 
publish and receive comments on a proposed rule could allow the GB cod 
harvest to exceed the GB cod TAC for the 2008 fishing year. Exceeding 
the 2008 TAC for 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 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 GB cod TAC would also necessitate 
that any overage of the GB cod TAC during the 2008 fishing year be 
deducted from the GB cod TAC for the 2009 fishing year. Reducing the 
2009 TAC due to exceeding the 2008 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 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. Further, the potential for 
this action was considered and open to public comment during the 
development of Amendment 13 and Framework 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: April 15, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-8990 Filed 4-15-09; 4:15 pm]
BILLING CODE 3510-22-S