60282 Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations 

whales are no longer at risk in that 

particular DAM zone. If NMFS were to 

provide prior notice and an opportunity 

for public comment upon the reopening 

of a DAM restricted zone, the fishermen 

would continue to endure unnecessarily 

adverse economic impacts because right 

whales the DAM zone was implemented 

to protect had moved on to another 

location, thereby rendering the action 

obsolete. Therefore, pursuant to 5 U.S.C. 

553(b)(B), the AA finds that good cause 

exists to waive prior notice and an 

opportunity to comment on this action 

to reopen a DAM restricted zone to 

commercial lobster trap/pot and 

anchored gillnet gear. 

For the same reasons, the AA finds 

good cause to waive the 30–day delay in 

effectiveness for action. If NMFS were to 

delay for 30 days the effective date of 

this action, the anchored gillnet and 

lobster trap/pot fishermen affected by 

the DAM zone would be required to 

comply with restrictions even though 

subsequent surveys of the area indicated 

that right whales have moved to another 

location, thereby rendering the action 

obsolete and unnecessary for reducing 

the risk of entanglement of endangered 

right whales in that area. NMFS 

recognizes the need for fishermen to 

resume normal fishing operations in a 

DAM zone once subsequent surveys or 

other credible evidence incidates that 

right whales have left the vicinity. Thus, 

NMFS makes this action effective on the 

date of filing of this notice in the 

Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means as 

soon as possible. 

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of the approved 

coastal management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state. 

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, Department of Commerce, 

provided notice of the DAM program 

and its amendments to the appropriate 

elected officials in states to be affected 

by actions taken pursuant to the DAM 

program. Federalism issues raised by 

state officials were addressed in the 

final rules implementing the DAM 

program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES). 

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866. 

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3) 

Dated: October 18, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries service. 

[FR Doc. 07–5247 Filed 10–19–07; 2:20 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 040112010–4114–02] 

RIN 0648–XD40 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Opening of 

the Eastern U.S./Canada Area and Trip 

Limit Change 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening and 

trip limit change. 

SUMMARY: NMFS announces a temporary 

reopening of the Eastern U.S./Canada 

Area, including the Eastern U.S./Canada 

Haddock Special Access Program (SAP), 

to limited access NE multispecies daysat-sea (DAS) vessels through November 

30, 2007. This action also implements a 

1,000–lb (454–kg) trip limit for Georges 

Bank (GB) cod for all limited access NE 

multispecies DAS vessels fishing in the 

Eastern U.S./Canada Area. This action is 

being taken to allow NE multispecies 

DAS vessels increased access to the 

substantial Eastern U.S./Canada Area 

GB haddock total allowable catch 

(TAC), and provide increased 

opportunities to achieve optimum yield 

in the groundfish fishery. The intended 

effect is to maximize the utility of the 

remaining GB cod TAC by opening the 

Eastern U.S./Canada Area when the 

relative abundance of GB haddock in 

relation to GB cod is highest. 

DATES: The temporary reopening of the 

Eastern U.S./Canada Area, including the 

Eastern U.S./Canada Haddock SAP, to 

all limited access NE multispecies DAS 

vessels and the 1,000–lb (454–kg) GB 

cod trip limit for the Eastern U.S./ 

Canada Area is effective 0001 hr 

October 20, 2007, through 2400 hr local 

time, November 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, (978) 281–9145, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the U.S./Canada Management Area are 

found at § 648.85. These regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies DAS to 

fish in the Eastern U.S./Canada Area 

under specific conditions. The GB cod 

TAC for the 2007 fishing year (FY) was 

specified at 494 mt on May 7, 2007 (72 

FR 25709). The regulations at 

§ 648.85(a)(3)(iv)(D) authorize the 

Regional Administrator to modify the 

gear requirements, modify or close 

access, modify the trip limits, or modify 

the total number of trips into the U.S./ 

Canada Management Area, for all 

limited access NE multispecies DAS 

vessels to prevent over-harvesting or to 

facilitate achieving the U.S./Canada 

Management Area TACs. 

On June 20, 2007, NMFS temporarily 

closed the Eastern U.S./Canada Area to 

all NE multispecies DAS vessels 

because of the substantial increase of 

fishing activity in the Eastern U.S./ 

Canada Area beginning June 1, 2007, 

and the small GB cod TAC. The 

temporary closure was necessary in 

order to prevent the closure of the 

Eastern U.S./Canada Area through the 

end of FY 2007, on April 30, 2007. A 

closure for the remainder of FY 2007 

would have limited access to the 

available Eastern U.S./Canada Area GB 

haddock TAC. 

Particularly concerning at the time of 

the temporary closure was the high 

proportion of GB cod being discarded by 

vessels targeting GB haddock and GB 

yellowtail flounder. Observer data 

showed that discards of GB cod 

exceeded the amount of GB cod kept, 

with a discard to kept ratio for GB cod 

of approximately 2:1. When the Eastern 

U.S./Canada Area closed on June 20, 

2007, a total of 70.1 percent of the GB 

cod TAC had been harvested, leaving 


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Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations 60283 

20.9 percent of the GB cod TAC 

available for harvest during the 

remainder of FY 2007. Analysis of GB 

cod landings from the Eastern U.S./ 

Canada Area for fishing years 1999 

through 2003 (the most recent years the 

area was not subject to in-season 

management) shows that GB cod are 

proportionally less abundant than cooccurring GB haddock during the 

months of October and November than 

in other months. Therefore, reopening 

the Eastern U.S./Canada Area, including 

the Eastern U.S./Canada Haddock SAP, 

through the month of November will 

allow NE multispecies DAS vessels 

increased access to the substantial 

Eastern U.S./Canada Area GB haddock 

TAC, and provide increased 

opportunities to achieve optimum yield 

in the groundfish fishery. Data indicate 

that reopening the Eastern U.S./Canada 

Area through November with a 1,000–lb 

(454–kg) GB cod trip limit will not 

likely result in the overharvest of the GB 

cod TAC. The 1,000–lb (454–kg) Gb cod 

trip limit is consistent with the trip 

limit for the SAP and is intended to 

discourage the targeting of GB cod. 

Therefore, based on the historical 

seasonal stock abundance data and the 

available GB cod TAC, and pursuant to 

the regulations at § 648.85(a)(3)(iv)(D), 

effective 0001 hr October 20, 2007, 

through 2400 hr local time, November 

30, 2007, the Eastern U.S./Canada Area, 

including the Eastern U.S./Canada 

Haddock SAP, is open to all NE 

multispecies DAS vessels and the GB 

cod possession limit for all NE 

multispecies vessels fishing in the 

Eastern U.S./Canada Area is 1,000 lb/ 

trip (454–kg/trip). GB cod landings will 

continue to be monitored through VMS 

and other available information. If 100 

percent of the TAC allocation for GB 

cod is projected to be harvested prior to 

the end of November, the Eastern U.S./ 

Canada Area, including the Eastern 

U.S./Canada Haddock SAP, will be 

closed to all NE multispecies DAS 

vessels for the remainder of the fishing 

year (i.e., through April 30, 2008). 

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 relieves a restriction by opening 

the Eastern U.S./Canada Area, including 

the Eastern U.S./Canada Area Haddock 

SAP, to all NE multispecies DAS vessels 

through November 30, 2007, to allow 

access to the substantial GB haddock 

TAC (6,270 mt). 

This action is authorized by the 

regulations at § 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 

GB cod, which has a relatively small 

TAC (494 mt), are proportionally less 

abundant than co-occurring GB haddock 

during the months of October and 

November than in either prior or 

subsequent months. Any delay in the 

implementation of this action would 

decrease the opportunity available for 

vessels to selectively target haddock in 

the Eastern U.S./Canada Area while cod 

bycatch rates are expected to be low. 

Once the GB cod TAC is achieved, the 

regulations require the closure of the 

Eastern U.S./Canada Area for the 

remainder of FY 2007, preventing access 

to the GB haddock TAC. This action is 

being taken at this time to take 

advantage of the seasonal variation of 

relative stock abundance in order to 

allow access to the abundant GB 

haddock stock with minimized GB cod 

bycatch. 

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, 

preventing NE multispecies DAS vessels 

from efficiently targeting GB haddock in 

the Eastern U.S./Canada Area when GB 

haddock can be targeted with minimal 

bycatch of GB The Regional 

Administrator’s authority to open and 

close this 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 and FW 42. Further, the potential of 

reopening of the Eastern U.S./Canada 

Area was announced to the public at 

closure of the Eastern U.S./Canada Area 

in June. 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: October 18, 2007. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–5246 Filed 10–19–07; 2:20 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0612242903–7445–03; I.D. 

112006I] 

RIN 0648–AU48 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod 

Allocations in the Bering Sea and 

Aleutian Islands Management Area; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: NMFS is correcting a final 

rule that appeared in the Federal 

Register on September 4, 2007. The 

final rule implemented Amendment 85 

to the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP) as partially approved by NMFS, 

and implemented recent changes to the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Amendment 

85 modified the current allocations of 

Bering Sea and Aleutian Islands 

Management Area (BSAI) Pacific cod 

total allowable catch, and seasonal 

apportionments thereof, among various 

harvest sectors. The final rule also 

included the congressionally mandated 

increase in the allocation of BSAI 

Pacific cod to the Community 

Development Quota (CDQ) Program. 

DATES: Effective January 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Becky Carls, 907–586–7228 or 

becky.carls@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A final rule published on September 

4, 2007 (72 FR 50788), implemented 

Amendment 85 to the FMP by 

modifying the current allocations of 

BSAI Pacific cod total allowable catch 

(TAC) among various harvest sectors 

and seasonal apportionments thereof. 

The rule also established a hierarchy for 

reallocating projected unharvested 

amounts of Pacific cod from certain 

sectors to other sectors, revised catcher/ 

processor (CP) sector definitions, 

modified the management of Pacific cod 

incidental catch that occurs in other 

groundfish fisheries, eliminated the 

Pacific cod nonspecified reserve, 

subdivided the annual prohibited 


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