[Federal Register Volume 73, Number 108 (Wednesday, June 4, 2008)]
[Rules and Regulations]
[Page 31770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1316]



[[Page 31770]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080428607-8689-02]
RIN 0648-AW69


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Allocation of Trips to Closed Area II Yellowtail 
Flounder Special Access Program

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

ACTION: Final rule; allocation of trips.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has allocated zero trips to the Closed Area 
(CA) II Yellowtail Flounder Special Access Program (SAP) during the 
2008 fishing year (FY) (i.e., May 1, 2008, through April 30, 2009). The 
Regional Administrator has determined that the available catch of 
Georges Bank (GB) yellowtail flounder is insufficient to support a 
minimum level of fishing activity within the CA II Yellowtail Flounder 
SAP for FY 2008. The intent of this action is to help achieve optimum 
yield (OY) in the fishery by maximizing the utility of available GB 
yellowtail flounder TAC throughout FY 2008.

DATES: Effective June 30, 2008.

ADDRESSES: Copies of the final rule implementing the FY 2008 TAC for GB 
yellowtail flounder in the U.S./Canada Management Area are available 
upon request from the NE Regional Office at the following mailing 
address: George H. Darcy, Assistant Regional Administrator for 
Sustainable Fisheries, NMFS, Northeast Regional Office, 1 Blackburn 
Drive, Gloucester, MA 01930. Copies may also be requested by calling 
(978) 281-9315.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management 
Specialist, (978) 281-9341, FAX (978) 281-9135.

SUPPLEMENTARY INFORMATION: Framework Adjustment (FW) 40B (70 FR 31323; 
June 1, 2005) requires that the Regional Administrator annually 
allocate the total number of trips into the CA II Yellowtail Flounder 
SAP. A formula was developed in FW 40B to assist the Regional 
Administrator in determining the appropriate number of trips for this 
SAP on a yearly basis. The FY 2008 calculations for this equation were 
detailed in the proposed rule for this action (73 FR 24936; May 6, 
2008) and are not repeated here.
    FW 40B authorized the Regional Administrator to allocate zero trips 
to this SAP if the available GB yellowtail flounder catch is not 
sufficient to support 150 trips with a 15,000-lb (6,804-kg) trip limit 
(i.e., if the available GB yellowtail catch is less than 1,021 mt). 
Using the formula developed in FW 40B, and based on the 1,950-mt U.S./
Canada GB yellowtail flounder TAC for 2008 (73 FR 16571; March 28, 
2008), the Regional Administrator has determined that there will be 
insufficient GB yellowtail flounder TAC to support the CA II Yellowtail 
Flounder SAP for FY 2008. Therefore, zero trips are allocated to the 
SAP for FY 2008.

Comments and Responses

    One comment was received on this action.
    Comment 1: One commenter did not specifically address the proposed 
allocation of trips, but asserted that the CA II Yellowtail Flounder 
SAP should be closed for the next 10 years and very severe penalties 
adopted for violators.
    Response: The current regulatory restrictions in place, including 
the CA II Yellowtail Flounder SAP, are designed to protect and rebuild 
fish stocks in accordance with applicable laws. Depending on the amount 
of GB yellowtail flounder TAC available, the regulations allow the 
Regional Administrator, in consultation with the Council, to consider 
keeping the SAP closed on an annual basis or to allow an allocation of 
trips. NMFS does not believe that a closure on a more prolonged basis 
is necessary at this time.

Classification

    The Regional Administrator has determined that this action is 
necessary for the conservation and management of the NE multispecies 
fishery and that it is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable laws.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule does not contain any new, nor does it revise 
existing reporting, recordkeeping, or other compliance requirements.

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

    Dated: May 30, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 08-1316 Filed 5-30-08; 2:50 pm]
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