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[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Rules and Regulations]
[Pages 2184-2186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-91]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070227048-7091-02]
RIN 0648-XE82

Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Modification of the Yellowtail Flounder Landing 
Limit for the U.S./Canada Management Area

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

ACTION: Temporary rule; trip limit change.

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SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region,

[[Page 2185]]

NMFS (Regional Administrator), is decreasing the Georges Bank (GB) 
yellowtail flounder trip limit to 1,500 lb (680 kg) for NE multispecies 
days-at-sea (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 
prevent over-harvest of the Total Allowable Catch (TAC) for GB 
yellowtail flounder. This action is being taken under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) to slow the catch rate of GB yellowtail flounder to 
provide opportunity for vessels to continue fishing while helping to 
ensure that the TAC will not be exceeded during the 2007 fishing year 
(May 1, 2007 - April 20, 2008).

DATES: Effective 0001 hours local time January 10, 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 Sec.  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 Sec.  648.85(a)(1), under specific 
conditions. The TAC for GB yellowtail flounder for the 2007 fishing 
year is 900 mt. The regulations at Sec.  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.
    On April 24, 2007 (72 FR 20287), based upon the reduced 2007 TAC 
for GB yellowtail flounder (a 43-percent reduction from 2006) and 
projections of harvest rates in the fishery, the trip limit for GB 
yellowtail flounder was set at 3,000 lb (1,361 kg) for the 2007 fishing 
year, to prevent the over-harvest of the 2007 GB yellowtail flounder 
TAC, and to prevent a premature closure of the Eastern U.S./Canada 
Management Area and, therefore, reduced opportunities to fish for 
Eastern GB cod and 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 (1,361-kg) trip limit was projected 
to result in the under-harvest of the TAC.
    According to the most recent Vessel Monitoring System (VMS) reports 
and other available information, the cumulative GB yellowtail flounder 
catch, as of January 9, 2008, is estimated to be 82 percent of the TAC, 
with a projection that the complete harvest of the TAC would occur by 
January 23, 2008. Harvest of the GB yellowtail flounder TAC would 
prevent the reopening of the Eastern U.S./Canada Area to harvest the 
remaining portions of the GB cod and GB haddock TACs. Decreasing the GB 
yellowtail flounder trip limit to 1,500 lb (680 kg) from 7,500 lb 
(3,402 kg) is expected to reduce the number of trips made to the 
Western U.S./Canada Area to target GB yellowtail flounder, decrease 
landings of yellowtail flounder without increasing discards, and result 
in the achievement of the TAC during the fishing year without exceeding 
it. Based on this information, the Regional Administrator is decreasing 
the current 7,500-lb (3,402-kg) trip limit in the U.S./Canada Area to 
1,500 lb (680 kg) per trip, effective 0001 hours local time January 10, 
2008, through April 30, 2008. GB yellowtail flounder 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 GB yellowtail flounder be projected to be harvested, all vessels 
would be prohibited from harvesting, possessing, or landing yellowtail 
flounder from the entire U.S./Canada Management Area, and 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), 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. The regulations under Sec.  
658.85(a)(3)(iv)(D) grant the Regional Administrator the authority to 
adjust the GB yellowtail flounder trip limit to prevent over-harvesting 
or under-harvesting the TAC allocation. This action would reduce the GB 
yellowtail trip limit for all NE multispecies DAS vessels fishing in 
the U.S./Canada Management Area for the remainder of the 2007 fishing 
year. This action is intended to prevent the over-harvest of the GB 
yellowtail flounder TAC while allowing continued opportunities to 
achieve optimum yield in the NE multispecies fishery.
    This action is authorized by the regulations at Sec.  
648.85(a)(3)(iv)(D). It is important to take this action immediately 
because the rapid catch rate observed since implementing the 7,500-lb 
(3,402-kg) GB yellowtail flounder trip limit on November 27, 2007, is 
projected to result in the TAC being achieved on January 23, 2008. This 
would require that the Eastern U.S./Canada Area remain closed for the 
remainder of the 2007 fishing year, preventing the reopening the 
Eastern U.S./Canada Management Area to harvest the remaining portions 
of the GB cod and GB haddock TACs. Allowing the current rapid catch 
rate (33 percent of the TAC was caught between December 6, 2007, and 
January 3, 2008) to continue during the period necessary to publish and 
receive comments on a proposed rule could potentially allow the GB 
yellowtail flounder harvest to exceed the GB yellowtail flounder TAC 
for the 2007 fishing year. Exceeding the 2007 TAC for GB yellowtail 
flounder 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 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 2007 GB yellowtail flounder TAC would also necessitate 
that any overages during the 2007 fishing year be deducted from the GB 
yellowtail TAC for the 2008 fishing year. Reducing the 2008 TAC due to 
any 2007 TAC overage caused by 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 potential of decreasing the GB yellowtail flounder trip limit 
was announced to the public when the 7,500-lb (3,402-kg) trip limit was 
implemented on November 27, 2007. Further, 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. The Regional Administrator's authority to 
decrease the trip limit for GB

[[Page 2186]]

yellowtail flounder in the U.S./Canada Management Area to ensure 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. 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 9, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-91 Filed 1-9-08; 12:57 pm]
BILLING CODE 3510-22-S
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