Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Quota Adjustment for the Closed Area I Hook Gear Haddock Special Access Program, 76429-76430 [05-24471]
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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
days (when fishing with a limited access
Handgear A permit, under the NE
multispecies DAS program, or under the
monkfish DAS program if the vessel is
fishing under the limited access
monkfish Category C or D permit
provisions), unless otherwise specified
in paragraph (g)(3) of this section.
Vessels subject to these restrictions may
fish any portion of the GB, SNE, and
MA Regulated Mesh Areas outside of
the Cape Cod/GOM Yellowtail Flounder
Area, provided the vessel complies with
the possession restrictions specified
under this paragraph (g), unless
otherwise specified in paragraph (g)(4)
of this section. Vessels subject to these
restrictions may transit the Cape Cod/
GOM Yellowtail Flounder Area,
provided gear is stowed in accordance
with § 648.23(b).
*
*
*
*
*
(4) Vessels that obtain a yellowtail
flounder possession/landing letter of
authorization as specified under
paragraphs (g)(1)(ii)(A) and (g)(2)(ii)(A)
of this section, and that fish on a
separate trip in the U.S./Canada
Management Area according to the
regulations at § 648.85(a), including a
trip into an approved SAP as specified
at § 648.85(b)(3), are exempt from the
possession limits and restrictions
specified under paragraphs (g)(1)(ii)(A)
and (g)(2)(ii)(A) of this section during
the authorized time period.
*
*
*
*
*
(i) Offloading requirement for vessels
possessing species regulated by a daily
possession limit. Vessels that have
ended a trip as specified in
§ 648.10(b)(2)(iii) or (c)(3) that possess
on board species regulated by a daily
possession limit (i.e., pounds per DAS)
as specified at § 648.85(a)(3)(iv),
§ 648.85(a)(6)(iv)(D), or § 648.86 must
offload these species prior to leaving
port on a subsequent trip. Other species
regulated by an overall trip limit may be
retained on board for a subsequent trip.
For example, a vessel ending a trip in
October that possesses cod and
yellowtail flounder harvested from the
Gulf of Maine is subject to a daily
possession limit for cod of 800 lb (363
kg)/DAS and an overall trip limit of 250
lb (113 kg)/trip for yellowtail flounder.
This vessel would be required to offload
any cod harvested, but may retain any
yellowtail flounder on board prior to
leaving port on a subsequent trip.
I 10. In § 648.87, paragraphs (b)(2)(ix),
(b)(2)(x), and (d)(1)(i) are revised to read
as follows:
§ 648.87
*
Sector allocation.
*
*
(b) * * *
VerDate Aug<31>2005
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*
17:10 Dec 23, 2005
Jkt 208001
(2) * * *
(ix) If the Operations Plan is
inconsistent with, or outside the scope
of the NEPA analysis associated with
the Sector proposal/framework
adjustment as specified in paragraph
(b)(1)(v) of this section, a supplemental
NEPA analysis may be required with the
Operations Plan.
(x) Each vessel and vessel operator
and/or vessel owner participating in a
Sector must comply with all applicable
requirements and conditions of the
Operations Plan specified in this
paragraph (b)(2) and the Letter of
Authorization issued pursuant to
paragraph (c)(3) of this section. It shall
be unlawful to violate any such
conditions and requirements unless
such conditions or restrictions are
identified as administrative only in an
approved Operations Plan. Each Sector,
vessel, and vessel operator and/or vessel
owner participating in the Sector may
be charged jointly and severally for civil
penalties and permit sanctions pursuant
to 15 CFR part 904.
*
*
*
*
*
(d) * * *
(1) * * *
(i) GB Cod Hook Sector Area
(GBCHSA). The GBCHSA is defined by
straight lines connecting the following
points in the order stated (copies of a
map depicting the area are available
from the Regional Administrator upon
request):
GEORGES BANK COD HOOK SECTOR
AREA
Point
N. Lat.
W. Long.
HS1
(1)
70°00′
HS2
42°20′
70°00′
3 67°18.4′
HS3
42°20′
Follow the U.S. EEZ boundary south to HS4
HS4
39°00′
66°45.5′
HS5
39°00′
71°40′
71°40′
HS6
(2)
1 The east facing shoreline of Cape Cod,
MA.
2 The south facing shoreline of Rhode Island.
3 The U.S. Canada Maritime Boundary.
*
*
*
*
*
11. In § 648.90, paragraph (a)(2)(iv) is
revised to read as follows:
I
consider public comment; and develop
a recommendation to meet the FMP
objective pertaining to regulated
species, Atlantic halibut, and ocean
pout that is consistent with other
applicable law. If the Council does not
submit a recommendation that meets
the FMP objectives and is consistent
with other applicable law, the Regional
Administrator may adopt any option
developed by the PDT, unless rejected
by the Council, as specified in
paragraph (a)(2)(vii) of this section,
provided the option meets the FMP
objectives and is consistent with other
applicable law.
*
*
*
*
*
12. In § 648.92, paragraph (b)(1)(i) is
revised to read as follows:
I
§ 648.92 Effort-control program for
monkfish limited access vessels.
*
*
*
*
*
(b) * * *
(1) * * *
(i) General provision. All limited
access monkfish permit holders shall be
allocated monkfish DAS each fishing
year to be used in accordance with the
restrictions of this paragraph (b), unless
modified by paragraph (b)(1)(ii) of this
section according to the provisions
specified at § 648.96(b)(3). The number
of monkfish DAS to be allocated, before
accounting for any such modification, is
40 DAS minus the amount calculated in
paragraph (b)(1)(iv) of this section,
unless the vessel is enrolled in the
Offshore Fishery Program in the SFMA,
as specified in paragraph (b)(1)(iii) of
this section. Limited access NE
multispecies and limited access sea
scallop DAS permit holders who also
possess a valid limited access monkfish
permit must use a NE multispecies or
sea scallop DAS concurrently with their
monkfish DAS, except as provided in
paragraph (b)(2) of this section, unless
otherwise specified under this subpart
F.
*
*
*
*
*
[FR Doc. 05–24420 Filed 12–23–05; 8:45 am]
BILLING CODE 3510–22–S
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
*
*
*
*
*
(a) * * *
(2) * * *
(iv) The Council shall review the
target TACs recommended by the PDT
and all of the options developed by the
PDT and other relevant information;
PO 00000
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76429
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76430
Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050630174–5234–02; I.D.
121505A]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Quota
Adjustment for the Closed Area I Hook
Gear Haddock Special Access
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota
adjustment.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), is increasing
the 500–mt haddock quota for the
second participation period (November
16, 2005, through December 31, 2005) of
the Closed Area (CA) I Hook Gear
Haddock Special Access Program (SAP)
to 536.6 mt. Available information
indicates that the 500–mt quota for the
first participation period of this SAP
(October 1, 2005, through November 15,
2005) was under-harvested. The
intended effect of this action is to
account for this under-harvest from the
first participation period, in accordance
with the Magnuson-Stevens Fishery
Conservation and Management Act.
DATES: Effective December 27, 2005
through December 31, 2005.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Fishery Management
Specialist, phone: (978) 281–9145, fax:
(978) 281–9135, e-mail:
mark.grant@noaa.gov.
SUPPLEMENTARY INFORMATION:
wwhite on PROD1PC61 with RULES
Regulations governing the CA I Hook
Gear Haddock SAP are found at 50 CFR
648.85(b)(7). The regulations authorize a
1,000–mt total allowable catch (TAC)
(landings and discards) of haddock for
the SAP. The currently approved
haddock TAC of 1,000 mt is divided
evenly into two quota periods such that
the haddock TAC for each period is 500
VerDate Aug<31>2005
17:10 Dec 23, 2005
Jkt 208001
mt. The Regional Administrator is
authorized by § 648.85(b)(7)(iv)(F) to
adjust the 500–mt quota for the second
participation period to account for
under- or over-harvest of the 500–mt
haddock quota (landings and discards)
that occurred in the first participation
period, not to exceed the overall
haddock TAC. The Regional
Administrator, based upon Vessel
Monitoring System reports and other
available information, has determined
that 463.4 mt of haddock was caught
during the first participation period.
Therefore, the haddock quota for the
second participation period is increased
to 536.6 mt to account for underharvesting the first participation period
haddock TAC. This action will provide
vessels increased opportunities to
harvest healthy groundfish stocks by
permitting access to fully harvest the
available haddock TAC specified for
this SAP during the 2005 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)(B), the
Assistant Administrator finds good
cause to waive prior notice and
opportunity for public comment for this
action, as notice and comment would be
impracticable and contrary to the public
interest. The regulations under
§ 648.85(b)(7)(iv)(F) grant the Regional
Administrator authority to adjust the
500–mt quota for the second
participation period to account for
under- or over-harvest of the 500–mt
haddock quota (landings and discards)
that occurred in the first participation
period. The possibility of this quota
adjustment was contemplated by
Framework Adjustment 41 (Framework
41) and commented on by the public.
This program began on October 1, 2005,
and continues through December 31,
2005. If implementation of this action is
delayed, NMFS could be prevented from
carrying out its function of increasing
opportunities to harvest healthy
groundfish stocks. If a proposed rule for
this action or delay in effectiveness
were required, vessels may not be able
to fully harvest the available haddock
TAC specified for this SAP during the
2005 fishing year. This could prevent
the fishery from achieving optimum
yield (OY) for this healthy stock. Given
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
the 36.6–mt underage of the first
participation period quota, the delay in
receiving final landings data from
dealers for the first participation period
(the final estimate of haddock catch for
the first period was not completed until
December 6, 2005), the rapid rate at
which the haddock TAC for the second
period has been harvested to date, and
the relatively large portion of the
haddock TAC remaining for this SAP it
was not possible to make this
determination sooner. Therefore, it
would be impracticable for NMFS to
provide for prior notice and opportunity
for public comment because this would
likely prevent the industry from fully
harvesting the haddock TAC for this
SAP during the 2005 fishing year.
Under-harvesting the haddock TAC for
this SAP reduces the ability of
participating vessels to fully realize the
economic benefits of this SAP, as
specified in Framework 41. Frameworks
40A and 41 were implemented to
mitigate the economic and social
impacts resulting from Amendment 13
to the NE multispecies FMP and the
management requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act. If a
proposed rule for this action or delay in
effectiveness were required, the intent
of Framework 41 would not be
achieved. This would result in
decreased revenue for the NE
multispecies fishery, increased
economic impacts to vessels operating
in the CA I Hook Gear Haddock SAP,
reduced opportunities to fully harvest
the GB haddock TAC, and a reduced
chance of achieving optimum yield in
the groundfish fishery.
For the above reasons, under 5 U.S.C
553(b)(3), proposed rulemaking is
waived because it would be
impracticable and contrary to the public
interest. Furthermore, for the same
reasons specified above, there is good
cause under 5 U.S.C. 553(d)(3) to waive
the 30–day delayed effectiveness period
for this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 20, 2005.
John H. Dunnigan,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 05–24471 Filed 12–21–05; 1:26 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Rules and Regulations]
[Pages 76429-76430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24471]
[[Page 76430]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050630174-5234-02; I.D. 121505A]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Quota Adjustment for the Closed Area I Hook Gear
Haddock Special Access Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS
(Regional Administrator), is increasing the 500-mt haddock quota for
the second participation period (November 16, 2005, through December
31, 2005) of the Closed Area (CA) I Hook Gear Haddock Special Access
Program (SAP) to 536.6 mt. Available information indicates that the
500-mt quota for the first participation period of this SAP (October 1,
2005, through November 15, 2005) was under-harvested. The intended
effect of this action is to account for this under-harvest from the
first participation period, in accordance with the Magnuson-Stevens
Fishery Conservation and Management Act.
DATES: Effective December 27, 2005 through December 31, 2005.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management
Specialist, phone: (978) 281-9145, fax: (978) 281-9135, e-mail:
mark.grant@noaa.gov.
SUPPLEMENTARY INFORMATION: Regulations governing the CA I Hook Gear
Haddock SAP are found at 50 CFR 648.85(b)(7). The regulations authorize
a 1,000-mt total allowable catch (TAC) (landings and discards) of
haddock for the SAP. The currently approved haddock TAC of 1,000 mt is
divided evenly into two quota periods such that the haddock TAC for
each period is 500 mt. The Regional Administrator is authorized by
Sec. 648.85(b)(7)(iv)(F) to adjust the 500-mt quota for the second
participation period to account for under- or over-harvest of the 500-
mt haddock quota (landings and discards) that occurred in the first
participation period, not to exceed the overall haddock TAC. The
Regional Administrator, based upon Vessel Monitoring System reports and
other available information, has determined that 463.4 mt of haddock
was caught during the first participation period. Therefore, the
haddock quota for the second participation period is increased to 536.6
mt to account for under-harvesting the first participation period
haddock TAC. This action will provide vessels increased opportunities
to harvest healthy groundfish stocks by permitting access to fully
harvest the available haddock TAC specified for this SAP during the
2005 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)(B), the Assistant Administrator finds
good cause to waive prior notice and opportunity for public comment for
this action, as notice and comment would be impracticable and contrary
to the public interest. The regulations under Sec. 648.85(b)(7)(iv)(F)
grant the Regional Administrator authority to adjust the 500-mt quota
for the second participation period to account for under- or over-
harvest of the 500-mt haddock quota (landings and discards) that
occurred in the first participation period. The possibility of this
quota adjustment was contemplated by Framework Adjustment 41 (Framework
41) and commented on by the public. This program began on October 1,
2005, and continues through December 31, 2005. If implementation of
this action is delayed, NMFS could be prevented from carrying out its
function of increasing opportunities to harvest healthy groundfish
stocks. If a proposed rule for this action or delay in effectiveness
were required, vessels may not be able to fully harvest the available
haddock TAC specified for this SAP during the 2005 fishing year. This
could prevent the fishery from achieving optimum yield (OY) for this
healthy stock. Given the 36.6-mt underage of the first participation
period quota, the delay in receiving final landings data from dealers
for the first participation period (the final estimate of haddock catch
for the first period was not completed until December 6, 2005), the
rapid rate at which the haddock TAC for the second period has been
harvested to date, and the relatively large portion of the haddock TAC
remaining for this SAP it was not possible to make this determination
sooner. Therefore, it would be impracticable for NMFS to provide for
prior notice and opportunity for public comment because this would
likely prevent the industry from fully harvesting the haddock TAC for
this SAP during the 2005 fishing year. Under-harvesting the haddock TAC
for this SAP reduces the ability of participating vessels to fully
realize the economic benefits of this SAP, as specified in Framework
41. Frameworks 40A and 41 were implemented to mitigate the economic and
social impacts resulting from Amendment 13 to the NE multispecies FMP
and the management requirements of the Magnuson-Stevens Fishery
Conservation and Management Act. If a proposed rule for this action or
delay in effectiveness were required, the intent of Framework 41 would
not be achieved. This would result in decreased revenue for the NE
multispecies fishery, increased economic impacts to vessels operating
in the CA I Hook Gear Haddock SAP, reduced opportunities to fully
harvest the GB haddock TAC, and a reduced chance of achieving optimum
yield in the groundfish fishery.
For the above reasons, under 5 U.S.C 553(b)(3), proposed rulemaking
is waived because it would be impracticable and contrary to the public
interest. Furthermore, for the same reasons specified above, there is
good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed
effectiveness period for this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 20, 2005.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 05-24471 Filed 12-21-05; 1:26 pm]
BILLING CODE 3510-22-S
