Northeast (NE) Multispecies Fishery; Re-opening of the Eastern U.S./Canada Area; and Removal of Daily Poundage Limits for Yellowtail Flounder in the U.S./Canada Management Area, and Cod in the Eastern U.S./Canada Area, 2820-2821 [05-926]
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Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 / Rules and Regulations
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Oceanic and Atmospheric
Administration
[Docket No 041110317–4364–02; I.D.
110404B]
50 CFR Part 648
[Docket No. 040112010–4114–02;
I.D.011105I]
RIN 0648–AR51
50 CFR Part 648
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2005 and
2006 Summer Flounder Specifications;
2005 Scup and Black Sea Bass
Specifications; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Final rule; correction.
SUMMARY: NMFS published in the
Federal Register of January 4, 2005, a
final rule containing final specifications
for the 2005 and 2006 summer flounder
fisheries and for the 2005 scup and
black sea bass fisheries. Inadvertently,
Table 4 of the final rule contained an
incorrect Winter I period scup
possession limit. This document
corrects that error.
DATES:
Effective January 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, Fishery Policy
Analyst, (978) 281–9279, fax (978) 281–
9135.
The final
rule, including final quota specifications
for the summer flounder, scup, and
black sea bass fisheries, was published
in the Federal Register on January 4,
2005 (70 FR 303). Table 4 incorrectly
listed the Winter I period scup
possession limit (per trip) as 15,000 lb
(6,804 kg); the correct amount is 30,000
lb (13,608 kg). The entries at the 2nd
row, 11th and 12th columns of Table 4
are corrected to read 30,000 lb and
13,608 kg, respectively.
SUPPLEMENTARY INFORMATION:
Dated: January 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries , National Marine Fisheries Service.
[FR Doc. 05–929 Filed 1–14–05; 8:45 am]
BILLING CODE 3510–22–S
VerDate jul<14>2003
10:35 Jan 14, 2005
Jkt 205001
Northeast (NE) Multispecies Fishery;
Re-opening of the Eastern U.S./Canada
Area; and Removal of Daily Poundage
Limits for Yellowtail Flounder in the
U.S./Canada Management Area, and
Cod in the Eastern U.S./Canada Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Re-opening and removal of daily
poundage limits.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), is re-opening
the Eastern U.S./Canada Area to all
limited access NE multispecies days-atsea (DAS) vessels and is removing the
prohibition on all NE multispecies
limited access vessels from harvesting,
possessing, or landing Georges Bank
(GB) yellowtail flounder from within the
entire U.S./Canada Management Area.
This action also removes the yellowtail
flounder and cod daily poundage limits
for the entire U.S./Canada Management
Area and Eastern U.S./Canada Area,
respectively, but retains the 15,000 lb
(6,804 kg) trip limit for GB yellowtail
flounder and a 5,000 lb (2,268 kg) trip
limit for GB cod, consistent with
ensuring that the Total Allowable
Catches (TACs) for these species will
not be exceeded by the end of the 2004
fishing year.
DATES: Effective 0001 hr local time,
January 14, 2005, through 2400 hr local
time April 30, 2005.
FOR FURTHER INFORMATION CONTACT:
Karen Tasker, Fishery Management
Specialist, (978) 281–9273, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the yellowtail
flounder and cod landing limits within
the U.S./Canada Management Area are
found at 50 CFR 648.85(a)(3)(iv). The
regulations authorize vessels issued a
valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area under
specific conditions. The TAC allocation
for GB yellowtail flounder for the 2004
fishing year was specified at 6,000 mt in
the final rule implementing Amendment
13 to the NE Multispecies Fishery
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Management Plan (FMP). Once 30
percent and/or 60 percent of the
yellowtail flounder TAC allocations
specified for the U.S./Canada
Management Area are projected to have
been harvested, the regulations at
§ 648.85(a)(3)(iv)(D) authorize the
Regional Administrator to close access
to the Eastern U.S./Canada Area to all
limited access NE multispecies DAS
vessels and prohibit all NE multispecies
limited access vessels from harvesting,
possessing, or landing GB yellowtail
flounder from the entire U.S./Canada
Management Area to prevent
overharvesting or underharvesting the
yellowtail flounder TAC allocation.
Based upon Vessel Monitoring System
(VMS) reports and other available
information, the Regional Administrator
determined that 85 percent of the GB
yellowtail flounder TAC had been
harvested by October 1, 2004 (69 FR
59815, October 6, 2004). NMFS closed
the Eastern U.S./Canada Area, effective
October 1, 2004, to all NE multispecies
DAS vessels and prohibited all NE
multispecies vessels from harvesting,
possessing, or landing GB yellowtail
flounder from the U.S./Canada
Management Area, because of concerns
that the yellowtail flounder TAC would
be fully harvested or overharvested
prior to the end of the fishing year. Full
harvest or overharvest of the TAC was
anticipated due to the amount of
yellowtail flounder harvested by vessels
targeting yellowtail flounder in the U.S./
Canada Management Area, and because
of concerns regarding expected
yellowtail flounder bycatch by vessels
targeting groundfish other than
yellowtail flounder within the U.S./
Canada Management Area. Additional
concern was raised by the potential
impact that may be caused by scallop
vessels fishing in Closed Area II under
the Sea Scallop Access Program
implemented under Frameworks 16/39
to the Atlantic Sea Scallop/NE
Multispecies FMPs. Because of these
potential sources of yellowtail flounder
harvest, this action was necessary to
ensure that the GB yellowtail flounder
TAC would not be exceeded during the
2004 fishing year.
At this time, data indicate that the
amount of GB yellowtail flounder
harvested under the Sea Scallop Access
Program and the amount of GB
yellowtail flounder bycatch caught by
vessels targeting groundfish other than
yellowtail flounder within the U.S./
Canada Management Area will likely
not result in the overharvest of the TAC.
Therefore, under the authority of
§ 648.85(a)(3)(iv)(D), NMFS is reopening the U.S./Canada Management
Area to NE multispecies DAS vessels,
E:\FR\FM\18JAR1.SGM
18JAR1
Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 / Rules and Regulations
and removing the prohibition on the
harvest, possession, and landing of GB
yellowtail flounder by all NE
multispecies vessels within the entire
U.S./Canada Management Area,
effective January 14, 2005. In addition,
this action removes the previous daily
poundage limits for GB yellowtail
flounder and GB cod for the entire U.S./
Canada Management Area and the
Eastern U.S./Canada Area, respectively,
and reinstates the 15,000 lb (6,804 kg)
and 5,000 lb (2,268 kg) trip limit for GB
yellowtail flounder and GB cod,
respectively, consistent with ensuring
that the TACs for these species will not
be exceeded by the end of the 2004
fishing year. Removal of the daily
poundage limits for these species
provides flexibility to the fishing
industry by allowing vessels that may
need to end their trip prematurely due
to an unexpected event, such as poor
weather conditions, with the ability to
retain their catch onboard when
entering port (catches of species with
daily poundage caps must be offloaded
when a vessel enters port). The overall
trip limits will help ensure that the
mortality goals of the FMP are met.
Additionally, trawl vessels fishing in
the Eastern U.S./Canada Area may only
fish with a haddock separator net, as
described in § 648.85(a)(3)(iii)(A), for
the purposes of reducing bycatch of
both GB cod and GB yellowtail flounder
to allow greater access to the remaining
GB haddock TAC for the rest of the
fishing year.
Yellowtail flounder landings will be
closely monitored through VMS and
other available information and, once
100 percent of the TAC allocation for
GB yellowtail flounder is projected to be
harvested, the Eastern U.S./Canada Area
will be closed to NE multispecies DAS
vessels and the harvesting, possession,
and landing of yellowtail flounder by
NE multispecies vessels in the U.S./
Canada Management Area will be
prohibited, in accordance with the
regulations § 648.85(a)(3)(iv)(C)(3).
Classification
This action re-opens the Eastern U.S./
Canada Area to the harvest of GB
yellowtail flounder, and essentially
restores access to this area with similar
restrictions before the closure by
removing a prohibition on the
possession of GB yellowtail flounder in
the U.S./Canada Management Area in
order to allow vessels to fully harvest
the TAC of GB yellowtail flounder. If
implementation of this action is
delayed, NMFS could be prevented from
permitting the full harvest of the GB
yellowtail flounder stock, GB cod, and
GB haddock TACs. The directed harvest
VerDate jul<14>2003
10:35 Jan 14, 2005
Jkt 205001
of the GB yellowtail flounder stock
began on May 1, 2004, and additional
fishing opportunity on the stock was
provided as of June 1, 2004, with the
opening of the Closed Area II Yellowtail
Flounder Special Access Program (SAP).
If a proposed rule for this action, or
delay in effectiveness were required,
access to the Eastern U.S./Canada Area,
as well as the ability to harvest
yellowtail flounder from within the
entire U.S./Canada Management Area,
would be delayed and would create an
unnecessary burden on the industry. For
the above reason, under 5 U.S.C.
553(b)(3), proposed rulemaking is not
necessary because it would be contrary
to the public interest. Furthermore,
because this rule relieves a restriction,
there is good cause under 5 U.S.C
553(d)(3) to waive the 30–day delayed
effectiveness period for this action.
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–926 Filed 1–12–05; 4:30 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040809233–4363–03; I.D.
080304B]
RIN 0648–AR55
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery
and Northeast Multispecies Fishery;
Framework 16 and Framework 39
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS publishes this final
rule to implement measures previously
approved, but not implemented under
Framework 16 to the Atlantic Sea
Scallop Fishery Management Plan
(Scallop FMP) and Framework 39 to the
Northeast Multispecies FMP
(Multispecies FMP) (Joint Frameworks).
The implementation of these measures
was delayed, pending approval of
reporting and recordkeeping
requirements by the Office of
Management and Budget (OMB). This
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
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2821
final rule allows general category
scallop vessels to fish in the Northeast
(NE) multispecies closed area access
program implemented as part of the
Joint Frameworks, provided that they
comply with new recordkeeping and
reporting requirements. OMB has
approved the reporting and
recordkeeping requirements for vessels
with general category scallop permits, as
required under the Paperwork
Reduction Act (PRA).
DATES: Effective February 17, 2005.
ADDRESSES: Copies of the Joint
Frameworks, their Regulatory Impact
Review (RIR), including the Initial
Regulatory Flexibility Analysis (IRFA),
and the Environmental Assessment (EA)
are available on request from Paul J.
Howard, Executive Director, New
England Fishery Management Council,
50 Water Street, Newburyport, MA
01950. These documents are also
available online at https://
www.nefmc.org. NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA),
which is contained in the Classification
section of the preamble of this rule.
Copies of the FRFA and the Small Entity
Compliance Guide are available from
the Regional Administrator, Northeast
Regional Office, NMFS, One Blackburn
Drive, Gloucester, MA 01930–2298, and
are also available via the internet at
https://www.nero.nmfs.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
should be submitted to Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, One
Blackburn Drive, Gloucester, MA,
01930, and by e-mail to
DavidlRostker@omb.eop.gov, or to the
Federal e-rulemaking portal https://
www.regulations.gov, or fax to (202)
395–7285.
FOR FURTHER INFORMATION CONTACT:
Peter W. Christopher, Fishery Policy
Analyst, 978–281–9288; fax 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The final rule for the Joint
Frameworks (69 FR 63460, November 2,
2004) established Scallop Access Areas
within NE multispecies Closed Area I
(CAI), Closed Area II (CAII), and the
Nantucket Lightship Closed Area
(NLCA). The NE multispecies closed
areas are closed year-round to all fishing
that is capable of catching NE
multispecies, including scallop fishing.
The Joint Frameworks allowed the
scallop fishery to access the scallop
resource within portions of the NE
E:\FR\FM\18JAR1.SGM
18JAR1
]]>Agencies
[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Rules and Regulations]
[Pages 2820-2821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-926]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040112010-4114-02; I.D.011105I]
Northeast (NE) Multispecies Fishery; Re-opening of the Eastern
U.S./Canada Area; and Removal of Daily Poundage Limits for Yellowtail
Flounder in the U.S./Canada Management Area, and Cod in the Eastern
U.S./Canada Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Re-opening and removal of daily poundage limits.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS
(Regional Administrator), is re-opening the Eastern U.S./Canada Area to
all limited access NE multispecies days-at-sea (DAS) vessels and is
removing the prohibition on all NE multispecies limited access vessels
from harvesting, possessing, or landing Georges Bank (GB) yellowtail
flounder from within the entire U.S./Canada Management Area. This
action also removes the yellowtail flounder and cod daily poundage
limits for the entire U.S./Canada Management Area and Eastern U.S./
Canada Area, respectively, but retains the 15,000 lb (6,804 kg) trip
limit for GB yellowtail flounder and a 5,000 lb (2,268 kg) trip limit
for GB cod, consistent with ensuring that the Total Allowable Catches
(TACs) for these species will not be exceeded by the end of the 2004
fishing year.
DATES: Effective 0001 hr local time, January 14, 2005, through 2400 hr
local time April 30, 2005.
FOR FURTHER INFORMATION CONTACT: Karen Tasker, Fishery Management
Specialist, (978) 281-9273, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the yellowtail
flounder and cod landing limits within the U.S./Canada Management Area
are found at 50 CFR 648.85(a)(3)(iv). The regulations authorize vessels
issued a valid limited access NE multispecies permit and fishing under
a NE multispecies DAS to fish in the U.S./Canada Management Area under
specific conditions. The TAC allocation for GB yellowtail flounder for
the 2004 fishing year was specified at 6,000 mt in the final rule
implementing Amendment 13 to the NE Multispecies Fishery Management
Plan (FMP). Once 30 percent and/or 60 percent of the yellowtail
flounder TAC allocations specified for the U.S./Canada Management Area
are projected to have been harvested, the regulations at Sec.
648.85(a)(3)(iv)(D) authorize the Regional Administrator to close
access to the Eastern U.S./Canada Area to all limited access NE
multispecies DAS vessels and prohibit all NE multispecies limited
access vessels from harvesting, possessing, or landing GB yellowtail
flounder from the entire U.S./Canada Management Area to prevent
overharvesting or underharvesting the yellowtail flounder TAC
allocation.
Based upon Vessel Monitoring System (VMS) reports and other
available information, the Regional Administrator determined that 85
percent of the GB yellowtail flounder TAC had been harvested by October
1, 2004 (69 FR 59815, October 6, 2004). NMFS closed the Eastern U.S./
Canada Area, effective October 1, 2004, to all NE multispecies DAS
vessels and prohibited all NE multispecies vessels from harvesting,
possessing, or landing GB yellowtail flounder from the U.S./Canada
Management Area, because of concerns that the yellowtail flounder TAC
would be fully harvested or overharvested prior to the end of the
fishing year. Full harvest or overharvest of the TAC was anticipated
due to the amount of yellowtail flounder harvested by vessels targeting
yellowtail flounder in the U.S./Canada Management Area, and because of
concerns regarding expected yellowtail flounder bycatch by vessels
targeting groundfish other than yellowtail flounder within the U.S./
Canada Management Area. Additional concern was raised by the potential
impact that may be caused by scallop vessels fishing in Closed Area II
under the Sea Scallop Access Program implemented under Frameworks 16/39
to the Atlantic Sea Scallop/NE Multispecies FMPs. Because of these
potential sources of yellowtail flounder harvest, this action was
necessary to ensure that the GB yellowtail flounder TAC would not be
exceeded during the 2004 fishing year.
At this time, data indicate that the amount of GB yellowtail
flounder harvested under the Sea Scallop Access Program and the amount
of GB yellowtail flounder bycatch caught by
[[Page 2821]]
vessels targeting groundfish other than yellowtail flounder within the
U.S./Canada Management Area will likely not result in the overharvest
of the TAC. Therefore, under the authority of Sec.
648.85(a)(3)(iv)(D), NMFS is re-opening the U.S./Canada Management Area
to NE multispecies DAS vessels, and removing the prohibition on the
harvest, possession, and landing of GB yellowtail flounder by all NE
multispecies vessels within the entire U.S./Canada Management Area,
effective January 14, 2005. In addition, this action removes the
previous daily poundage limits for GB yellowtail flounder and GB cod
for the entire U.S./Canada Management Area and the Eastern U.S./Canada
Area, respectively, and reinstates the 15,000 lb (6,804 kg) and 5,000
lb (2,268 kg) trip limit for GB yellowtail flounder and GB cod,
respectively, consistent with ensuring that the TACs for these species
will not be exceeded by the end of the 2004 fishing year. Removal of
the daily poundage limits for these species provides flexibility to the
fishing industry by allowing vessels that may need to end their trip
prematurely due to an unexpected event, such as poor weather
conditions, with the ability to retain their catch onboard when
entering port (catches of species with daily poundage caps must be
offloaded when a vessel enters port). The overall trip limits will help
ensure that the mortality goals of the FMP are met. Additionally, trawl
vessels fishing in the Eastern U.S./Canada Area may only fish with a
haddock separator net, as described in Sec. 648.85(a)(3)(iii)(A), for
the purposes of reducing bycatch of both GB cod and GB yellowtail
flounder to allow greater access to the remaining GB haddock TAC for
the rest of the fishing year.
Yellowtail flounder landings will be closely monitored through VMS
and other available information and, once 100 percent of the TAC
allocation for GB yellowtail flounder is projected to be harvested, the
Eastern U.S./Canada Area will be closed to NE multispecies DAS vessels
and the harvesting, possession, and landing of yellowtail flounder by
NE multispecies vessels in the U.S./Canada Management Area will be
prohibited, in accordance with the regulations Sec.
648.85(a)(3)(iv)(C)(3).
Classification
This action re-opens the Eastern U.S./Canada Area to the harvest of
GB yellowtail flounder, and essentially restores access to this area
with similar restrictions before the closure by removing a prohibition
on the possession of GB yellowtail flounder in the U.S./Canada
Management Area in order to allow vessels to fully harvest the TAC of
GB yellowtail flounder. If implementation of this action is delayed,
NMFS could be prevented from permitting the full harvest of the GB
yellowtail flounder stock, GB cod, and GB haddock TACs. The directed
harvest of the GB yellowtail flounder stock began on May 1, 2004, and
additional fishing opportunity on the stock was provided as of June 1,
2004, with the opening of the Closed Area II Yellowtail Flounder
Special Access Program (SAP). If a proposed rule for this action, or
delay in effectiveness were required, access to the Eastern U.S./Canada
Area, as well as the ability to harvest yellowtail flounder from within
the entire U.S./Canada Management Area, would be delayed and would
create an unnecessary burden on the industry. For the above reason,
under 5 U.S.C. 553(b)(3), proposed rulemaking is not necessary because
it would be contrary to the public interest. Furthermore, because this
rule relieves a restriction, there is good cause under 5 U.S.C
553(d)(3) to waive the 30-day delayed effectiveness period for this
action.
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-926 Filed 1-12-05; 4:30 pm]
BILLING CODE 3510-22-S
