4758 Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Rules and Regulations 

(21) Any other measures contained in 

the FMP. 

* * * * * 

[FR Doc. E8–1436 Filed 1–25–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070227048–7091–02] 

RIN 0648–XF04 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Prohibition on 

the Possession of Yellowtail Flounder 

in the U.S./Canada Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; possession 

prohibition. 

SUMMARY: NMFS announces that 100 

percent of the Georges Bank (GB) 

yellowtail flounder Total Allowable 

Catch (TAC) has been harvested, and 

that the Administrator, Northeast (NE) 

Region, NMFS (Regional Administrator), 

is prohibiting the harvest, possession, 

and landing of GB yellowtail flounder 

by all federally permitted vessels within 

the entire U.S./Canada Management 

Area, and maintaining the Eastern U.S./ 

Canada Area closure to limited access 

NE multispecies days-at-sea (DAS) 

vessels for the remainder of the 2007 

fishing year (through April 30, 2008). 

This action is being taken under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), is required 

by the regulations implementing 

Amendment 13 to the NE Multispecies 

Fishery Management Plan (FMP), and is 

intended to prevent over-harvest of the 

TAC for GB yellowtail flounder during 

the 2007 fishing year. 

DATES: Effective 0001 hours local time 

January 24, 2008, through April 30, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, (978) 281–9145, 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 Federal 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 is 900 

mt. The regulations at 

§ 648.85(a)(3)(iv)(D) authorize the 

Regional Administrator to increase or 

decrease the trip limit in the U.S./ 

Canada Management Area to prevent 

over-harvesting or under-harvesting the 

TAC allocation . The regulations at 

§ 648.85(a)(3)(iv)(C)(3) require the 

Regional Administrator to prohibit the 

harvesting, possession, and the landing 

of GB yellowtail flounder by all 

federally permitted vessels within the 

entire U.S./Canada Management Area 

and close the Eastern U.S./Canada Area 

to all limited access NE multispecies 

DAS vessels for the remainder of the 

2007 fishing year when 100 percent of 

the GB yellowtail flounder TAC is 

projected to be caught. 

Based upon the reduced 2007 TAC for 

GB yellowtail flounder (a 43–percent 

reduction from 2006), the GB yellowtail 

flounder trip limit was initially set at 

3,000 lb (1,361 kg) per trip to prevent 

over-harvest during the 2007 fishing 

year, and to prevent a premature closure 

of the Eastern U.S./Canada Area, which 

could result in reduced opportunities to 

fish for GB cod and GB haddock in the 

Eastern U.S./Canada Area. On 

November 27, 2007, the GB yellowtail 

flounder trip limit was increased to 

7,500 lb (3,402 kg) because the 3,000–

lb trip (1,361–kg) limit was projected to 

result in under-harvest of the TAC. The 

7,500–lb (3,402–kg) trip limit resulted in 

an unpredicted high rate of GB 

yellowtail flounder landings, markedly 

different from the historical fishing 

patterns that formed the basis of the 

projection. On January 10, 2008, the GB 

yellowtail flounder trip limit was 

decreased to 1,500 lb (680 kg) from 

7,500 lb (3,402 kg) because the rapid 

catch rate observed since implementing 

the 7,500–lb (3,402–kg) GB yellowtail 

flounder trip limit (33 percent of the 

TAC was caught between December 6, 

2007, and January 3, 2008) was 

projected to result in the TAC being 

achieved on January 23, 2008. 

Based on Vessel Monitoring System 

data and other available information, as 

of January 17, 2008, 100 percent of the 

GB yellowtail flounder TAC has been 

caught. Based on this information, the 

Regional Administrator, in accordance 

with the regulations at 

§ 648.85(a)(3)(iv)(C)(3), is prohibiting 

the harvesting, possession, and the 

landing of GB yellowtail flounder by all 

federally permitted vessels within the 

entire U.S./Canada Management Area, 

and closes the Eastern U.S./Canada Area 

to all limited access NE multispecies 

DAS vessels for the remainder of the 

2007 fishing year effective 0001 hours 

local time January 24, 2008, 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 prohibits the 

harvest, possession, and landing of GB 

yellowtail flounder by all federally 

permitted vessels within the entire U.S./ 

Canada Management Area and closes 

the Eastern U.S./Canada Area to limited 

access NE multispecies DAS vessels for 

the remainder of the 2007 fishing year 

(through April 30, 2008). This action is 

being taken to prevent the GB yellowtail 

flounder TAC from being exceeded 

during the 2007 fishing year. This action 

is required by the regulations at 50 CFR 

648.85(a)(3)(iv)(C)(3) and is nondiscretionary. Since 100 percent of the 

GB yellowtail flounder TAC is projected 

to have been harvested as of January 17, 

2008, there is insufficient time to allow 

for public notice, comment, and delayed 

effectiveness before the TAC will be 

exceeded. 

It was not possible to take this action 

earlier to provide more time for public 

comment because of the rapidly 

increasing GB yellowtail flounder 

harvest rate, the reduced GB yellowtail 

flounder TAC, and the ability of NMFS 

to monitor the harvest (the estimate that 

100 percent of the GB yellowtail 

flounder TAC had been harvested was 

not available until January 17, 2008). 

Exceeding the 2007 TAC for GB 

yellowtail flounder would increase 

mortality of this overfished stock 

beyond that evaluated during the 

development of Amendment 13 to the 

FMP, resulting in decreased revenue for 

the NE multispecies fishery, increased 

economic impacts to vessels operating 

in the 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. 

The potential of prohibiting the 

harvest, possession, and landing of GB 

yellowtail flounder by all federally 


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Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Rules and Regulations 4759 

permitted vessels within the entire U.S./ 

Canada Management Area, and closure 

of the Eastern U.S./Canada Area to 

limited access NE multispecies DAS 

vessels, for the remainder of the 2007 

fishing year was announced to the 

public when the 1,500–lb (680–kg) trip 

limit was implemented on January 10, 

2008. The public is able to obtain 

information on the rate of harvest of the 

GB yellowtail flounder TAC via the 

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 GB yellowtail flounder from being 

exceeded during the 2007 fishing year. 

Further, the Regional Administrator’s 

authority to prohibit the harvest, 

possession, and landing of GB 

yellowtail flounder by all federally 

permitted vessels within the entire U.S./ 

Canada Management Area, and close the 

Eastern U.S./Canada Area to limited 

access NE multispecies DAS vessels for 

the remainder of the 2007 fishing year, 

to ensure the shared U.S./Canada stocks 

of fish are not exceeded 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: January 23, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–343 Filed 1–23–08; 2:50 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 070703215–7530–02] 

RIN 0648–AU08 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery; 

Vessel Monitoring System; Open 

Access Fishery; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects a final 

rule that was published in the Federal 

Register on December 7, 2007, and 

which becomes effective February 4, 

2008. The final rule requires all vessels 

fishing pursuant to the harvest 

guidelines, quotas, and other 

management measures governing the 

open access groundfish fishery, and all 

non-groundfish trawl vessels to provide 

declaration reports and to activate and 

use a vessel monitoring system (VMS) 

transceiver unit while fishing off the 

coasts of Washington, Oregon and 

California. This action corrects an 

incorrect cross reference in the final rule 

which allows vessels that leave the open 

access fishery to obtain an exemption 

from the VMS reporting requirements. 

DATES: Effective February 27, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko at 206–526–6110. 

SUPPLEMENTARY INFORMATION: This final 

rule is accessible via the Internet at the 

Office of the Federal Register’s Website 

at http://www.gpoaccess.gov/fr/ 

index.html. Background information 

and documents are available at the 

Pacific Fishery Management Council’s 

(Council’s) website at http:// 

www.pcouncil.org/. 

A final rule to expand the Pacific 

Coast groundfish fishery vessel 

monitoring system (VMS) program to 

include the open access and nongroundfish trawl fisheries was 

published in the Federal Register on 

December 7, 2007 (72 FR 69162). The 

final rule contained an error that needs 

to be corrected. The final rule, which 

becomes effective on February 4, 2008, 

requires all vessels fishing pursuant to 

the harvest guidelines, quotas, and other 

management measures governing the 

open access groundfish fishery and all 

non-groundfish trawl vessels to provide 

declaration reports and to activate and 

use a VMS transceiver while fishing in 

the exclusive economic zone (EEZ) off 

the coasts of Washington, Oregon and 

California. 

In the drafting of the rule language an 

incorrect cross reference at § 660.312 

(d)(4)(iv) to § 660.312 (b)(2) results in a 

substantive change in the regulatory 

requirements. The inclusion of the 

incorrect cross reference would allow 

vessels using non-groundfish trawl gear 

to request and receive an exemption to 

the VMS program hourly reporting 

requirements if they do not retain 

groundfish from the EEZ. This 

exemption is inconsistent with the 

structure and purpose of the VMS 

program. The VMS program requires 

vessels using non-groundfish trawl gear 

to have and use VMS if they fish in the 

EEZ whether or not groundfish are 

retained. The VMS program is intended 

to provide for monitoring of compliance 

with essential fish habitat conservation 

(EFH) areas where the use of bottom 

trawl gear is prohibited regardless of 

whether groundfish are retained in 

order to protect the bottom habitat. The 

attached correction is needed so the 

regulatory language implements the 

action recommended by the Council and 

analyzed in the environmental 

assessment. 

Classification 

The Assistant Administrator (AA) for 

Fisheries, NOAA, finds good cause to 

waive the requirement to provide prior 

notice and opportunity for public 

comment on this action pursuant to 5 

U.S.C. 553(b)(B), because providing 

prior notice and opportunity for 

comment would be impracticable and 

contrary to the public interest. NMFS 

had mis-published this exemption 

allowance in its final rule (72 FR 69162, 

December 7, 2008). If this correction 

were not made promptly, some nongroundfish trawl vessels may operate in 

the EEZ without VMS and NMFS would 

be unable to monitor fishing relative to 

Essential Fish Habitat (EFH) 

conservation areas where trawling is 

prohibited in order to protect 

groundfish habitat. Because a notice and 

comment rulemaking may take several 

months to implement it would likely 

not be effective until after the start of 

the pink shrimp trawl fishery, a major 

non-groundfish trawl fishery. In 

addition, several smaller nongroundfish trawl fisheries may also be 

currently operating. If purchase of a 

VMS unit is delayed, reimbursement 

funds for the purchase of a VMS unit 

may be unavailable. If reimbursement 

funds are not available, individual 

vessel owners would incur the cost of 

purchasing VMS units. Therefore, it is 

impracticable and contrary to the public 

interest to provide prior notice and an 

opportunity for public comment on this 

correction. 

Dated: January 23, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is corrected 

by making the following correcting 

amendments: 

PART 660—FISHERIES OFF WEST 

COAST STATES AND IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for part 660 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 660.312, paragraph (d)(4)(iv) is 

revised to read as follows: 


sroberts on PROD1PC70 with RULES