[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53158-53159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071004577-8124-02]
RIN 0648-XJ76


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Inseason Action to allow use of the Ruhle Trawl 
in the Eastern U.S./Canada Area

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

ACTION: Temporary rule; gear restriction.

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SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region, 
NMFS (Regional Administrator) has authorized the use of an additional 
type of fishing gear for use by vessels fishing under a Northeast (NE) 
multispecies Category A Day-at-Sea (DAS) in the Eastern U.S./Canada 
Area. This action is authorized by the regulations implementing 
Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and 
is intended to prevent under-harvesting of the Total Allowable Catch 
(TAC) for Eastern Georges Bank (GB) haddock while ensuring that the TAC 
of Eastern GB cod and GB yellowtail flounder will not be exceeded 
during the 2008 fishing year (FY). This action is being taken to 
provide additional opportunities for vessels to fully harvest the 
Eastern GB haddock TAC under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective September 15, 2008, through April 30, 2009.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
(978) 281-9341.

SUPPLEMENTARY INFORMATION: On July 14, 2008, NMFS published a final 
rule in the Federal Register (73 FR 40186) approving the use of the 
Haddock Rope Trawl by vessels participating in either the Regular B-DAS 
Program or the Eastern U.S./Canada Haddock Special Access Program 
(SAP). A subsequent rule (73 FR 52214) renamed the Haddock Rope Trawl 
the ``Ruhle Trawl'' in honor of the late Captain Phil Ruhle, Sr., who 
was instrumental in its development.
    Under the regulations implementing Amendment 13 to the NE 
Multispecies FMP, vessels fishing with trawl gear in the Eastern U.S./
Canada Area must fish with either a haddock separator trawl, a flounder 
trawl net, or other gear approved by the Regional Administrator. The 
regulations at Sec.  648.85(a)(3)(iv)(D) allow the Regional 
Administrator to modify these gear requirements through an in-season 
action in order to prevent over-harvesting or to facilitate achieving 
the TAC. This action approves the use of the Ruhle Trawl as a third 
authorized gear type for the remainder of FY 2008.
    In each of the last 3 years, the Eastern U.S./Canada Area has been 
closed before the end of the fishing year because the TAC of either 
Eastern GB cod or GB yellowtail flounder had been harvested. During 
that period, the harvest of Eastern GB haddock has not exceeded 10 
percent of the TAC. Based on current rates of harvest, a similar under-
harvest of Eastern GB haddock appears likely in FY 2008. Scientific 
studies have demonstrated that the Ruhle Trawl is able to reduce 
bycatch of cod and yellowtail flounder while targeting haddock at least 
as effectively as the haddock separator trawl, and better then the 
flounder trawl net. Allowing the use of the Ruhle Trawl in the Eastern 
U.S./Canada Area is expected to increase landings of Eastern GB 
haddock, reduce discards of Eastern GB cod and GB yellowtail flounder 
by vessels targeting GB haddock, and result in the achievement of the 
Eastern GB haddock TAC during the fishing year, without exceeding it.
    To encourage the use of this gear in the most selective manner, 
vessels

[[Page 53159]]

fishing with the Ruhle Trawl under a Category A DAS in the Eastern 
U.S./Canada Area are subject to the same gear performance incentives 
(i.e., bycatch possession restrictions) that currently apply to vessels 
fishing with the haddock separator trawl. The performance incentives 
limit possession of flounders (all species combined), monkfish, and 
skates to 500 lb (226.8 kg) (whole weight) each ( i.e., no more than 
500 lb (226.8 kg) of all flounders, no more than 500 lb (226.8 kg) of 
monkfish, and no more than 500 lb (226.8 kg) of skates), and prohibits 
possession of lobsters. Possession limits for other species are the 
same as those for any vessel fishing under an A DAS in the Eastern 
U.S./Canada Area.

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 would allow fishermen additional 
flexibility by authorizing an additional gear type for all NE 
multispecies DAS vessels using trawl gear in the Eastern U.S./Canada 
Area through April 30, 2009, to facilitate the harvest of the TAC for 
Eastern GB haddock while ensuring that the TAC will not be exceeded 
during FY 2008. This will likely result in increased harvest of Eastern 
GB haddock, decreased regulatory discards of Eastern GB cod and GB 
yellowtail flounder by vessels targeting Eastern GB haddock, increased 
revenue for the NE multispecies fishery, and an increased chance of 
achieving optimum yield (OY) in the groundfish fishery.
    This action is authorized by the regulations at Sec.  
648.85(a)(3)(iv)(D) to facilitate achieving the U.S./Canada Area TACs. 
It is important to take this action immediately because the current 
restrictive gear requirements have prevented the NE multispecies 
fishery from effectively harvesting the Eastern GB haddock TAC at a 
rate that would result in complete harvest by the end of FY 2008. Delay 
in the implementation of this action would likely result in 
underharvest of the Eastern GB haddock TAC, wasteful discards of 
Eastern GB cod and GB yellowtail flounder by vessels targeting Eastern 
GB haddock, and potentially the premature closure of the Eastern U.S./
Canada Area due to the harvest of either the GB yellowtail flounder TAC 
or Eastern GB cod TAC, resulting in decreased economic opportunity for 
vessel owners, and a decreased likelihood of achieving OY.
    The time necessary to provide for prior notice, opportunity for 
public comment, and delayed effectiveness for this action would prevent 
NE multispecies DAS vessels from efficiently targeting Eastern GB 
haddock in the U.S./Canada Area. The Regional Administrator's authority 
to authorize additional gear types in the Eastern U.S./Canada 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 both Amendment 13 and Framework Adjustment 42. Further, 
the Ruhle Trawl is currently permissible gear in all other parts of the 
NE multispecies trawl fishery under an A DAS and was recently approved 
as an additional gear in the Regular B DAS Program and in the Eastern 
U.S./Canada Haddock Special Access Program, two programs that allow the 
use of Category B DAS. Its use in the Eastern U.S./Canada Area is 
consistent with the New England Fishery Management Council's publicly 
stated intention to promote the use of this gear. 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: September 10, 2008.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-21487 Filed 9-12-08; 8:45 am]
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