Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2005 Trip Authorization for Closed Area II Yellowtail Flounder Special Access Program, 37057-37058 [05-12746]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
Incidental permit category, and after up
to 3 percent of the TAL is set aside for
research purposes, should research TAL
be set aside, the remaining TAL is
distributed among the following three
tilefish limited access permit categories:
Full-time Tier 1 category (66 percent),
Full-time Tier 2 category (15 percent),
and the Part-time category (19 percent).
The TAL for tilefish for the 2005
fishing year was set at 1.995 million lb
(905,172 kg) and then adjusted
downward by 5 percent to 1,895,250 lb
(859,671 kg) to account for incidental
catch. There was no research set-aside
for the 2005 fishing year. Thus, the Fulltime Tier 2 permit category quota for the
2005 fishing year, which is equal to 15
percent of the TAL, is 284,288 lb
(128,951 kg).
The Administrator, Northeast Region,
NMFS (Regional Administrator)
monitors the commercial tilefish quota
for each fishing year using dealer
reports, vessel catch reports, and other
available information to determine
when the quota for each limited access
permit category is projected to have
been harvested. NMFS is required to
publish notification in the Federal
Register notifying commercial vessels
and dealer permit holders that, effective
upon a specific date, the tilefish TAL for
the specific limited access category has
been harvested and no commercial
quota is available for harvesting tilefish
by that category for the remainder of the
fishing year, from within the Golden
Tilefish Management Unit.
The Regional Administrator has
determined, based upon dealer reports
and other available information, that the
2005 tilefish TAL for the Full-time Tier
2 category has been harvested.
Therefore, effective 0001 hrs local time,
June 28, 2005, further landings of
tilefish harvested from within the
Golden Tilefish Management Unit by
tilefish vessels holding Full-time Tier 2
category Federal fisheries permits are
prohibited through October 31, 2005.
The 2006 fishing year for commercial
tilefish harvest will open on November
1, 2005. Federally permitted dealers are
also advised that, effective June 28,
2005, they may not purchase tilefish
from Full-time Tier 2 category federally
permitted tilefish vessels who land
tilefish harvested from within the
Golden Tilefish Management Unit for
the remainder of the 2005 fishing year
(through October 31, 2005).
Classification
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.
VerDate jul<14>2003
15:51 Jun 27, 2005
Jkt 205001
Dated: June 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–12745 Filed 6–23–05; 2:57 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050314072–5126–02; I.D.
062305E]
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2005 Trip Authorization for
Closed Area II Yellowtail Flounder
Special Access Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; notification of
maximum number of trips.
AGENCY:
SUMMARY: NMFS announces that no
trips are authorized into the Closed Area
(CA) II Yellowtail Flounder Special
Access Program (SAP) for the 2005
fishing year. The Administrator,
Northeast Region, NMFS (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 the 2005 fishing year.
This action is intended to help achieve
optimum yield (OY) in the fishery by
allowing Northeast (NE) multispecies
days-at-sea (DAS) vessels to achieve, but
not exceed, the GB yellowtail flounder
total allowable catch (TAC) specified for
the Eastern U.S./Canada Area
throughout the 2005 fishing year, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act.
Effective June 23, 2005 through
April 30, 2006.
FOR FURTHER INFORMATION CONTACT:
Douglas W. Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
DATES:
Background
Framework Adjustment (FW) 40B was
developed by the New England Fishery
Management Council (Council)
primarily to improve the effectiveness of
the effort control program implemented
under Amendment 13 to the NE
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
37057
Multispecies Fishery Management Plan
(April 27, 2004; 69 FR 22906), including
the opportunities developed to target
healthy stocks and other measures to
facilitate adaptation to the Amendment
13 effort reductions. The final rule
implementing measures approved under
FW 40B was published on June 1, 2005
(70 FR 31323). Detailed descriptions,
justifications, and a summary of the
impacts of all of the management
measures proposed under FW 40B were
included in the proposed and final rules
for that action and are not repeated here.
FW 40B implemented several
revisions to the CA II Yellowtail
Flounder SAP intended to help better
achieve OY for the fishery and ensure
that the maximum benefits from the GB
yellowtail flounder TAC are realized.
Among other provisions, FW 40B
provided the Regional Administrator
with the authority, after consulting with
the Council, to adjust the trip limit and
determine the total number of trips
allowed into this SAP each fishing year,
if necessary, in order to adapt to
changing stock and fishery conditions.
The authority to adjust these measures
is intended to ensure that the catch of
GB yellowtail flounder within the SAP
would not increase the likelihood that
the Eastern U.S./Canada Area would be
closed due to catching the GB yellowtail
flounder TAC before the end of the
fishing year. Such a premature closure
would likely result in regulatory
discards of GB yellowtail flounder and
reduce the possibility of fully harvesting
the GB cod and GB haddock TAC from
the Eastern U.S./Canada Area.
When determining the total number of
trips allowed into the CA II Yellowtail
Flounder SAP, the Regional
Administrator considers specific criteria
outlined in FW 40B, including the
available TAC for GB yellowtail
flounder, recent discards, and the
potential catch of GB yellowtail
flounder by vessels fishing outside of
the SAP. Using these criteria, 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 suggested
formula in FW 40B is as follows:
Number of trips = (GB yellowtail
flounder TAC - 4,000 mt)/4.54 mt.
Note that 4.54 mt is equivalent to the
10,000–lb (4,536–kg) trip limit
established for this SAP. This formula
assumes that approximately 4,000 mt of
GB yellowtail flounder would be caught
by vessels operating in the U.S./Canada
Management Area, but outside of the CA
II Yellowtail Flounder SAP, based on
recent catches by all fisheries. FW 40B
authorizes the Regional Administrator
to not allow any trips into this SAP if
E:\FR\FM\28JNR1.SGM
28JNR1
37058
Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Rules and Regulations
the available GB yellowtail flounder
catch (i.e., the GB yellowtail flounder
TAC - 4,000 mt) is not sufficient to
support 150 trips with a 15,000–lb
(6,804–kg) GB yellowtail flounder trip
limit. One hundred and fifty trips at
15,000 lb (6,804 kg) per trip amounts to
1,020 mt of GB yellowtail flounder
recommended to support the CA II
Yellowtail Flounder SAP. Based on the
4,260–mt TAC of GB yellowtail flounder
specified in a recent proposed rule for
the 2005 fishing year (April 14, 2005; 70
FR 19724), and using the formula
specified in FW 40B, only 260 mt of GB
yellowtail flounder are estimated to be
available to allow for the CA II
Yellowtail Flounder SAP in the 2005
fishing year.
Based on this information, the
available 2005 GB yellowtail flounder
catch is less than the minimum 1,020 mt
recommended to support vessel
operations in this SAP for the 2005
fishing year. The Regional
Administrator consulted with the
Council regarding determining the
appropriate number of trips into the CA
II Yellowtail Flounder SAP for the 2005
fishing year at its June 21–23, 2005,
meeting, and is authorizing zero trips
into the CA II Yellowtail Flounder SAP
for the 2005 fishing year pursuant to
§ 648.85(b)(3)(vii).
Under NOAA Administrative Order
205–11, 07/01, dated December 17,
1990, the Undersecretary for Oceans and
Atmosphere has delegated authority to
sign material for publication in the
Federal Register to the Assistant
Administrator for Fisheries, NOAA.
Classification
This action is required by
§ 648.85(b)(3)(vii) and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B) and
(d)(3), the Assistant Administrator finds
good cause to waive prior notice and
opportunity for public comment, as well
as the 30–day delayed effectiveness for
this action, as notice and comment and
delayed effectiveness would be
impracticable and contrary to the public
interest. NMFS cannot initiate
rulemaking for actions implemented by
a framework action until that action is
approved and implemented through a
final rule. NMFS did not receive the
final FW 40B package until February 15,
2005. This delayed the review,
VerDate jul<14>2003
15:51 Jun 27, 2005
Jkt 205001
approval, and implementation of FW
40B. The regulations implemented by
FW 40B require the Regional
Administrator to consult with the
Council before announcing the
maximum number of trips into the CA
II Yellowtail Flounder SAP for a
particular fishing year. Since the
authority to modify the maximum
number of trips into the SAP did not
become effective until June 1, 2005, the
first opportunity for the Regional
Administrator to formally consult with
the Council was at the Council’s June
21–23, 2005, meeting. Because the
delayed implementation of the measures
included in FW 40B and the resulting
late consultation with the Council, it
would be impracticable for NMFS to
pursue notice and comment rulemaking
in time to specify the number of trips
into the CA II Yellowtail Flounder SAP
for the 2005 fishing year prior to the
start of the SAP on July 1, 2005.
The public has had an opportunity to
comment on the appropriate number of
trips into the CA II Yellowtail Flounder
SAP through the proposed rule for FW
40B. The proposed rule (March 29,
2005; 70 FR 15803) indicated that
preliminary information suggested that
there would be insufficient available
catch of GB yellowtail flounder to
support the CA II Yellowtail Flounder
SAP for the 2005 fishing year. During
the public comment period, several
commenters expressed support for the
actions taken through this temporary
rule. NMFS received no comments in
opposition to the action implemented
by this rule during the public comment
period for FW 40B.
Failure to waive the 30–day delayed
effectiveness would allow the SAP to
open on July 1, 2005, resulting in
potentially high landings of GB
yellowtail flounder until the SAP is
closed again after the delayed
effectiveness. Increased landings caused
by the opening of the SAP on July 1
could contribute to the premature
harvest of the GB Yellowtail Flounder
TAC, resulting in the closure of access
to the Eastern U.S./Canada Area prior to
the end of the 2005 fishing year (i.e.,
before April 30, 2006) and a prohibition
on the retention of GB yellowtail
flounder in the entire U.S./Canada
Management Area by limited access NE
multispecies DAS vessels for the
remainder of the 2005 fishing year. Such
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
a premature closure and retention
prohibition could cause unnecessary
additional discards of GB yellowtail
flounder, further increasing mortality
and the potential that the fishery will
exceed the yearly TAC. Exceeding the
yearly TAC would result in any TAC
overages being deducted from the
available TAC allocated to the following
fishing year, causing additional
economic impacts for the following
fishing year. A premature closure and
retention prohibition would also
decrease opportunities to fish for GB
haddock and GB cod in the Eastern
U.S./Canada Area, thereby reducing
sources of potential vessel revenue and
decreasing the chance that OY will be
achieved in the fishery. Effort
reductions implemented by Amendment
13 resulted in substantial adverse
economic impacts to the groundfish
fishery. Additional economic impacts
resulting from a delayed effectiveness of
the measures contained in this rule,
taken cumulatively, represent further
economic hardships to an already
struggling industry. Finally, since this
action specifies zero trips into this SAP
for the 2005 fishing year, failure to
implement this action by July 1, 2005,
would result in the opening of the SAP
on July 1, 2005, only to be closed again
once this action becomes effective. This
would cause confusion to the industry.
Therefore, a delayed effectiveness
would be contrary to the public interest
because it could potentially: (1) Lead to
additional discards and the associated
additional mortality on GB yellowtail
flounder (2) result in reduced sources of
potential revenue, decreased economic
returns, and further adverse economic
impacts to the fishing industry; and (3)
increase confusion in the fishing
industry through rapid closure of the
SAP. Therefore, given the likely impacts
resulting from a delayed effectiveness of
this action as described above, it would
be contrary to the public interest to
provide further notice and opportunity
for public comment and a 30–day
delayed effectiveness.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–12746 Filed 6–23–05; 2:57 pm]
BILLING CODE 3510–22–S
E:\FR\FM\28JNR1.SGM
28JNR1
]]>Agencies
[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Rules and Regulations]
[Pages 37057-37058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12746]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050314072-5126-02; I.D. 062305E]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; 2005 Trip Authorization for Closed Area II
Yellowtail Flounder Special Access Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; notification of maximum number of trips.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that no trips are authorized into the Closed
Area (CA) II Yellowtail Flounder Special Access Program (SAP) for the
2005 fishing year. The Administrator, Northeast Region, NMFS (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 the 2005
fishing year. This action is intended to help achieve optimum yield
(OY) in the fishery by allowing Northeast (NE) multispecies days-at-sea
(DAS) vessels to achieve, but not exceed, the GB yellowtail flounder
total allowable catch (TAC) specified for the Eastern U.S./Canada Area
throughout the 2005 fishing year, in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act.
DATES: Effective June 23, 2005 through April 30, 2006.
FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
Framework Adjustment (FW) 40B was developed by the New England
Fishery Management Council (Council) primarily to improve the
effectiveness of the effort control program implemented under Amendment
13 to the NE Multispecies Fishery Management Plan (April 27, 2004; 69
FR 22906), including the opportunities developed to target healthy
stocks and other measures to facilitate adaptation to the Amendment 13
effort reductions. The final rule implementing measures approved under
FW 40B was published on June 1, 2005 (70 FR 31323). Detailed
descriptions, justifications, and a summary of the impacts of all of
the management measures proposed under FW 40B were included in the
proposed and final rules for that action and are not repeated here.
FW 40B implemented several revisions to the CA II Yellowtail
Flounder SAP intended to help better achieve OY for the fishery and
ensure that the maximum benefits from the GB yellowtail flounder TAC
are realized. Among other provisions, FW 40B provided the Regional
Administrator with the authority, after consulting with the Council, to
adjust the trip limit and determine the total number of trips allowed
into this SAP each fishing year, if necessary, in order to adapt to
changing stock and fishery conditions. The authority to adjust these
measures is intended to ensure that the catch of GB yellowtail flounder
within the SAP would not increase the likelihood that the Eastern U.S./
Canada Area would be closed due to catching the GB yellowtail flounder
TAC before the end of the fishing year. Such a premature closure would
likely result in regulatory discards of GB yellowtail flounder and
reduce the possibility of fully harvesting the GB cod and GB haddock
TAC from the Eastern U.S./Canada Area.
When determining the total number of trips allowed into the CA II
Yellowtail Flounder SAP, the Regional Administrator considers specific
criteria outlined in FW 40B, including the available TAC for GB
yellowtail flounder, recent discards, and the potential catch of GB
yellowtail flounder by vessels fishing outside of the SAP. Using these
criteria, 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 suggested formula in FW 40B is as follows:
Number of trips = (GB yellowtail flounder TAC - 4,000 mt)/4.54 mt.
Note that 4.54 mt is equivalent to the 10,000-lb (4,536-kg) trip
limit established for this SAP. This formula assumes that approximately
4,000 mt of GB yellowtail flounder would be caught by vessels operating
in the U.S./Canada Management Area, but outside of the CA II Yellowtail
Flounder SAP, based on recent catches by all fisheries. FW 40B
authorizes the Regional Administrator to not allow any trips into this
SAP if
[[Page 37058]]
the available GB yellowtail flounder catch (i.e., the GB yellowtail
flounder TAC - 4,000 mt) is not sufficient to support 150 trips with a
15,000-lb (6,804-kg) GB yellowtail flounder trip limit. One hundred and
fifty trips at 15,000 lb (6,804 kg) per trip amounts to 1,020 mt of GB
yellowtail flounder recommended to support the CA II Yellowtail
Flounder SAP. Based on the 4,260-mt TAC of GB yellowtail flounder
specified in a recent proposed rule for the 2005 fishing year (April
14, 2005; 70 FR 19724), and using the formula specified in FW 40B, only
260 mt of GB yellowtail flounder are estimated to be available to allow
for the CA II Yellowtail Flounder SAP in the 2005 fishing year.
Based on this information, the available 2005 GB yellowtail
flounder catch is less than the minimum 1,020 mt recommended to support
vessel operations in this SAP for the 2005 fishing year. The Regional
Administrator consulted with the Council regarding determining the
appropriate number of trips into the CA II Yellowtail Flounder SAP for
the 2005 fishing year at its June 21-23, 2005, meeting, and is
authorizing zero trips into the CA II Yellowtail Flounder SAP for the
2005 fishing year pursuant to Sec. 648.85(b)(3)(vii).
Under NOAA Administrative Order 205-11, 07/01, dated December 17,
1990, the Undersecretary for Oceans and Atmosphere has delegated
authority to sign material for publication in the Federal Register to
the Assistant Administrator for Fisheries, NOAA.
Classification
This action is required by Sec. 648.85(b)(3)(vii) and is exempt
from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), the Assistant
Administrator finds good cause to waive prior notice and opportunity
for public comment, as well as the 30-day delayed effectiveness for
this action, as notice and comment and delayed effectiveness would be
impracticable and contrary to the public interest. NMFS cannot initiate
rulemaking for actions implemented by a framework action until that
action is approved and implemented through a final rule. NMFS did not
receive the final FW 40B package until February 15, 2005. This delayed
the review, approval, and implementation of FW 40B. The regulations
implemented by FW 40B require the Regional Administrator to consult
with the Council before announcing the maximum number of trips into the
CA II Yellowtail Flounder SAP for a particular fishing year. Since the
authority to modify the maximum number of trips into the SAP did not
become effective until June 1, 2005, the first opportunity for the
Regional Administrator to formally consult with the Council was at the
Council's June 21-23, 2005, meeting. Because the delayed implementation
of the measures included in FW 40B and the resulting late consultation
with the Council, it would be impracticable for NMFS to pursue notice
and comment rulemaking in time to specify the number of trips into the
CA II Yellowtail Flounder SAP for the 2005 fishing year prior to the
start of the SAP on July 1, 2005.
The public has had an opportunity to comment on the appropriate
number of trips into the CA II Yellowtail Flounder SAP through the
proposed rule for FW 40B. The proposed rule (March 29, 2005; 70 FR
15803) indicated that preliminary information suggested that there
would be insufficient available catch of GB yellowtail flounder to
support the CA II Yellowtail Flounder SAP for the 2005 fishing year.
During the public comment period, several commenters expressed support
for the actions taken through this temporary rule. NMFS received no
comments in opposition to the action implemented by this rule during
the public comment period for FW 40B.
Failure to waive the 30-day delayed effectiveness would allow the
SAP to open on July 1, 2005, resulting in potentially high landings of
GB yellowtail flounder until the SAP is closed again after the delayed
effectiveness. Increased landings caused by the opening of the SAP on
July 1 could contribute to the premature harvest of the GB Yellowtail
Flounder TAC, resulting in the closure of access to the Eastern U.S./
Canada Area prior to the end of the 2005 fishing year (i.e., before
April 30, 2006) and a prohibition on the retention of GB yellowtail
flounder in the entire U.S./Canada Management Area by limited access NE
multispecies DAS vessels for the remainder of the 2005 fishing year.
Such a premature closure and retention prohibition could cause
unnecessary additional discards of GB yellowtail flounder, further
increasing mortality and the potential that the fishery will exceed the
yearly TAC. Exceeding the yearly TAC would result in any TAC overages
being deducted from the available TAC allocated to the following
fishing year, causing additional economic impacts for the following
fishing year. A premature closure and retention prohibition would also
decrease opportunities to fish for GB haddock and GB cod in the Eastern
U.S./Canada Area, thereby reducing sources of potential vessel revenue
and decreasing the chance that OY will be achieved in the fishery.
Effort reductions implemented by Amendment 13 resulted in substantial
adverse economic impacts to the groundfish fishery. Additional economic
impacts resulting from a delayed effectiveness of the measures
contained in this rule, taken cumulatively, represent further economic
hardships to an already struggling industry. Finally, since this action
specifies zero trips into this SAP for the 2005 fishing year, failure
to implement this action by July 1, 2005, would result in the opening
of the SAP on July 1, 2005, only to be closed again once this action
becomes effective. This would cause confusion to the industry.
Therefore, a delayed effectiveness would be contrary to the public
interest because it could potentially: (1) Lead to additional discards
and the associated additional mortality on GB yellowtail flounder (2)
result in reduced sources of potential revenue, decreased economic
returns, and further adverse economic impacts to the fishing industry;
and (3) increase confusion in the fishing industry through rapid
closure of the SAP. Therefore, given the likely impacts resulting from
a delayed effectiveness of this action as described above, it would be
contrary to the public interest to provide further notice and
opportunity for public comment and a 30-day delayed effectiveness.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-12746 Filed 6-23-05; 2:57 pm]
BILLING CODE 3510-22-S
