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, 9475-9476 [06-1753]
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The impacts on revenues of the
proposed RSA were analyzed. The
social and economic impacts of this
proposed RSA are expected to be
minimal. Assuming the full RSA is
allocated for bluefish, the set-aside
amount could be worth as much as
$101,830 dockside, based on an average
2004 ex-vessel price of $0.28 per pound
for bluefish. Assuming an equal
reduction among all 748 active dealer
reported vessels, this could mean a
reduction of about $136 per individual
vessel. Changes in the recreational
harvest limit would be insignificant
(less than a 2 percent decrease), if 1.5
percent of the TAL is used for research.
It is unlikely that there would be
negative economic impacts as a result of
the RSA quota. The RSAs are expected
to yield important long-term benefits
associated with improved data upon
which to base management decisions. A
full analysis is available from the
Council (see ADDRESSES).
wwhite on PROD1PC61 with RULES
Authority: 16 U.S.C. 1801 et seq.
Dated: February 16, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 06–1691 Filed 2–23–06; 8:45 am]
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18:19 Feb 23, 2006
Jkt 208001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040804229–4300–02; I.D.
021706B]
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; landing limit.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is
modifying the Georges Bank (GB)
yellowtail flounder trip limit from 1,500
lb (680.4 kg) per day up to a maximum
of 15,000 lb (6,804.1 kg) per trip, to
15,000 lb (6,804.1 kg) per trip with no
daily limit, for NE multispecies days-atsea (DAS) vessels fishing in the U.S./
Canada Management Area. This action
is authorized by the regulations
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9475
implementing Amendment 13 to the NE
Multispecies Fishery Management Plan
and is intended to prevent underharvesting the Total Allowable Catch
(TAC) for GB yellowtail flounder while
ensuring that the TAC will not be
exceeded during the 2005 fishing year.
This action is being taken to provide
additional opportunities for vessels to
fully harvest the GB yellowtail flounder
TAC under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective February 21, 2006,
through April 30, 2006.
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
50 CFR 648.85(a)(3)(iv)(C) and (D). 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, as defined at
§ 648.85(a)(1), under specific
conditions. The TAC for GB yellowtail
flounder for the 2005 fishing year (May
1, 2005—April 30, 2006) is 4,260 mt. On
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Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Rules and Regulations
9476
Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Rules and Regulations
wwhite on PROD1PC61 with RULES
February 9, 2006 (71 FR 6984), NMFS
implemented a GB yellowtail trip limit
of 1,500 lb (680.4 kg) per day, up to a
maximum of 15,000 lb (6,804.1 kg) per
trip, as required by the regulations at
§ 648.85(a)(3)(iv)(C)(2). That action was
non-discretionary and was based on the
Regional Administrator’s projection that
70 percent (2,982 mt) of the GB
yellowtail flounder TAC of 4,260 mt
would be harvested by February 9, 2006.
The regulations at § 648.85(a)(3)(iv)(D)
authorize the Regional Administrator to
increase or decrease the trip limits in
the U.S./Canada Management Area to
prevent over-harvesting or underharvesting the TAC allocation. Based
upon Vessel Monitoring System (VMS)
reports and other available information,
the Regional Administrator has
determined that the current rate of
harvest will result in the under-harvest
of the GB yellowtail flounder TAC
during the 2005 fishing year. Based on
this information, the Regional
Administrator is removing the 1,500-lb
(680.4-kg) per day limit and retaining
the 15,000-lb (6,804.1-kg) trip limit, for
NE multispecies DAS vessels fishing in
the U.S./Canada Management Area,
effective February 21, 2006, through
April 30, 2006. Vessels landing on or
after February 21, 2006 may possess and
land up to 15,000 lb (6,804.1 kg) of GB
yellowtail flounder, regardless of the
length of their trip.
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 (AA) finds good
cause to waive prior notice and
opportunity for public comment for this
action, because notice and comment
would be impracticable and contrary to
the public interest. The regulations at
§ 648.85(a)(3)(iv)(D) grant the Regional
Administrator the authority to adjust the
GB yellowtail flounder trip limits to
prevent over-harvesting or underharvesting the TAC allocation. Given
that approximately 30 percent of the GB
yellowtail flounder TAC remains
unharvested and the 2005 fishing year
ends on April 30, 2006, the time
necessary to provide for prior notice,
opportunity for public comment, or
delayed effectiveness would prevent the
agency from ensuring that the 2005 TAC
for GB yellowtail flounder will be fully
harvested. It was not possible to take
this action earlier because the trigger for
implementing the non-discretionary
1,500-lb (680.4-kg) daily limit (projected
date that 70 percent of the TAC would
be harvested) did not occur until
February 9, 2006. If implementation of
VerDate Aug<31>2005
18:05 Feb 23, 2006
Jkt 208001
this action is delayed, the NE
multispecies fishery could be prevented
from fully harvesting the TAC for GB
yellowtail flounder during the 2005
fishing year. Under-harvesting the GB
yellowtail TAC would result in
increased economic impacts to the
industry and social impacts beyond
those analyzed for Amendment 13, as
the full potential revenue from the
available GB yellowtail TAC in the U.S./
Canada Management Area would not be
realized.
The AA finds good cause, pursuant to
5 U.S.C. 553(d)(3), to waive the entire
30-day delayed effectiveness period for
this action. For the reasons specified
above, a delay in the effectiveness of the
trip limit modification in this rule
would prevent the agency from meeting
its management obligation and ensuring
the opportunity for the 2005 catch TAC
for GB yellowtail flounder specified for
the Western and Eastern U.S./Canada
Areas to be fully harvested. Any such
delay could lead to the negative impacts
to the fishing industry described above.
The rate of harvest of the GB
yellowtail flounder TAC in the Western
and Eastern U.S./Canada Areas is
updated weekly on the Internet at
https://www.nero.noaa.gov. Accordingly,
the public is able to obtain information
that would provide at least some
advanced notice of a potential action to
provide additional opportunities to the
NE multispecies industry to fully
harvest the TAC for GB yellowtail
flounder during the 2005 fishing year.
Further, the potential for this action was
considered and open to public comment
during the development of Amendment
13. 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: February 21, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–1753 Filed 2–21–06; 2:48 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126333–5040–02; I.D.
021606E]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Catching Pacific Cod for
Processing by the Offshore
Component in the Western Regulatory
Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by vessels
catching Pacific cod for processing by
the offshore component in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the 2006 total
allowable catch (TAC) of Pacific cod
apportioned to vessels catching Pacific
cod for processing by the offshore
component of the Western Regulatory
Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), February 19, 2006, until
1200 hrs, A.l.t., September 1, 2006.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The A season allocation of the 2006
TAC of Pacific cod apportioned to
vessels catching Pacific cod for
processing by the offshore component of
the Western Regulatory Area of the GOA
is 828 metric tons (mt) as established by
the 2005 and 2006 harvest specifications
for groundfish of the GOA (70 FR 8958,
February 24, 2005).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2006 TAC of Pacific
cod apportioned to vessels catching
Pacific cod for processing by the
offshore component of the Western
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Agencies
[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Rules and Regulations]
[Pages 9475-9476]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1753]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040804229-4300-02; I.D. 021706B]
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; landing limit.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is modifying the Georges Bank (GB)
yellowtail flounder trip limit from 1,500 lb (680.4 kg) per day up to a
maximum of 15,000 lb (6,804.1 kg) per trip, to 15,000 lb (6,804.1 kg)
per trip with no daily limit, 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 under-
harvesting the Total Allowable Catch (TAC) for GB yellowtail flounder
while ensuring that the TAC will not be exceeded during the 2005
fishing year. This action is being taken to provide additional
opportunities for vessels to fully harvest the GB yellowtail flounder
TAC under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
DATES: Effective February 21, 2006, through April 30, 2006.
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 50 CFR 648.85(a)(3)(iv)(C) and (D). 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, as defined at Sec. 648.85(a)(1), under specific
conditions. The TAC for GB yellowtail flounder for the 2005 fishing
year (May 1, 2005--April 30, 2006) is 4,260 mt. On
[[Page 9476]]
February 9, 2006 (71 FR 6984), NMFS implemented a GB yellowtail trip
limit of 1,500 lb (680.4 kg) per day, up to a maximum of 15,000 lb
(6,804.1 kg) per trip, as required by the regulations at Sec.
648.85(a)(3)(iv)(C)(2). That action was non-discretionary and was based
on the Regional Administrator's projection that 70 percent (2,982 mt)
of the GB yellowtail flounder TAC of 4,260 mt would be harvested by
February 9, 2006.
The regulations at Sec. 648.85(a)(3)(iv)(D) authorize the Regional
Administrator to increase or decrease the trip limits in the U.S./
Canada Management Area to prevent over-harvesting or under-harvesting
the TAC allocation. Based upon Vessel Monitoring System (VMS) reports
and other available information, the Regional Administrator has
determined that the current rate of harvest will result in the under-
harvest of the GB yellowtail flounder TAC during the 2005 fishing year.
Based on this information, the Regional Administrator is removing the
1,500-lb (680.4-kg) per day limit and retaining the 15,000-lb (6,804.1-
kg) trip limit, for NE multispecies DAS vessels fishing in the U.S./
Canada Management Area, effective February 21, 2006, through April 30,
2006. Vessels landing on or after February 21, 2006 may possess and
land up to 15,000 lb (6,804.1 kg) of GB yellowtail flounder, regardless
of the length of their trip.
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 (AA)
finds good cause to waive prior notice and opportunity for public
comment for this action, because notice and comment would be
impracticable and contrary to the public interest. The regulations at
Sec. 648.85(a)(3)(iv)(D) grant the Regional Administrator the
authority to adjust the GB yellowtail flounder trip limits to prevent
over-harvesting or under-harvesting the TAC allocation. Given that
approximately 30 percent of the GB yellowtail flounder TAC remains
unharvested and the 2005 fishing year ends on April 30, 2006, the time
necessary to provide for prior notice, opportunity for public comment,
or delayed effectiveness would prevent the agency from ensuring that
the 2005 TAC for GB yellowtail flounder will be fully harvested. It was
not possible to take this action earlier because the trigger for
implementing the non-discretionary 1,500-lb (680.4-kg) daily limit
(projected date that 70 percent of the TAC would be harvested) did not
occur until February 9, 2006. If implementation of this action is
delayed, the NE multispecies fishery could be prevented from fully
harvesting the TAC for GB yellowtail flounder during the 2005 fishing
year. Under-harvesting the GB yellowtail TAC would result in increased
economic impacts to the industry and social impacts beyond those
analyzed for Amendment 13, as the full potential revenue from the
available GB yellowtail TAC in the U.S./Canada Management Area would
not be realized.
The AA finds good cause, pursuant to 5 U.S.C. 553(d)(3), to waive
the entire 30-day delayed effectiveness period for this action. For the
reasons specified above, a delay in the effectiveness of the trip limit
modification in this rule would prevent the agency from meeting its
management obligation and ensuring the opportunity for the 2005 catch
TAC for GB yellowtail flounder specified for the Western and Eastern
U.S./Canada Areas to be fully harvested. Any such delay could lead to
the negative impacts to the fishing industry described above.
The rate of harvest of the GB yellowtail flounder TAC in the
Western and Eastern U.S./Canada Areas is updated weekly on the Internet
at https://www.nero.noaa.gov. Accordingly, the public is able to obtain
information that would provide at least some advanced notice of a
potential action to provide additional opportunities to the NE
multispecies industry to fully harvest the TAC for GB yellowtail
flounder during the 2005 fishing year. Further, the potential for this
action was considered and open to public comment during the development
of Amendment 13. 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: February 21, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-1753 Filed 2-21-06; 2:48 pm]
BILLING CODE 3510-22-P