Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Gear Restrictions for the U.S./Canada Management Area, 35199-35200 [06-5505]
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Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations
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Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. Those regulations
set the commercial quota for deep-water
grouper in the Gulf of Mexico at 1.02
million lb (463,636 kg) for the current
fishing year, January 1 through
December 31, 2006.
Under 50 CFR 622.43(a), NMFS is
required to close the commercial fishery
for a species or species group when the
quota for that species or species group
is reached, or is projected to be reached,
by filing a notification to that effect in
the Federal Register. Based on current
statistics, NMFS has determined that the
available commercial quota of 1.02
million lb (463,636 kg) for deep-water
grouper will be reached on or before
June 26 2006. Accordingly, NMFS is
closing the commercial deep-water
grouper fishery in the Gulf of Mexico
EEZ from 12:01 a.m., local time, on June
27, 2006, until 12:01 a.m., local time, on
January 1, 2007. The operator of a vessel
with a valid commercial vessel permit
for Gulf reef fish having deep-water
grouper aboard must have landed and
bartered, traded, or sold such deepwater grouper prior to 12:01 a.m., local
time, June 27, 2006.
During the closure, the bag and
possession limits specified in 50 CFR
622.39(b) apply to all harvest or
possession of deep-water grouper in or
from the Gulf of Mexico EEZ, and the
sale or purchase of deep-water grouper
taken from the EEZ is prohibited. The
prohibition on sale or purchase does not
apply to sale or purchase of deep-water
grouper that were harvested, landed
ashore, and sold prior to 12:01 a.m.,
local time, June 27, 2006, and were held
in cold storage by a dealer or processor.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
finds that the need to immediately
implement this action to close the
fishery constitutes good cause to waive
the requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(3)(B), as such procedures
would be unnecessary and contrary to
the public interest. Similarly, there is a
need to implement these measures in a
timely fashion to prevent an overrun of
the commercial quota of Gulf of Mexico
deep-water grouper, given the capacity
of the fishing fleet to harvest the quota
quickly. Any delay in implementing this
action would be impractical and
contrary to the Magnuson-Steven Act,
the FMP, and the public interest. For
these same reasons, NMFS finds good
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15:59 Jun 16, 2006
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cause that the implementation of this
action cannot be delayed for 30 days.
Accordingly, under 5 U.S.C. 553(d), a
delay in the effective date is waived.
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 9, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–5488 Filed 6–13–06; 2:49 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040112010–4114–02; I.D.
061306A]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Modification of
the Gear Restrictions for the U.S./
Canada Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; gear restriction.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is
modifying the gear restrictions for the
U.S./Canada Management Area to
require all limited access NE
multispecies vessels fishing on a NE
multispecies day-at-sea (DAS) with
trawl gear in the Eastern U.S./Canada
Area to use a haddock separator trawl.
A projection based on available catch
and discard information indicates that
30 percent of the total allowable catch
(TAC) for Georges Bank (GB) cod
specified for the Eastern U.S./Canada
Area will be harvested by June 20, 2006.
This catch rate could result in the
harvest of the available TAC specified
for GB cod before the end of the 2006
fishing year on April 30, 2007. This
action is intended to slow the catch of
GB cod in the Eastern U.S./Canada Area
to prolong access to the Eastern U.S./
Canada Area and to prevent the GB cod
TAC specified for the Eastern U.S./
Canada Area from being exceeded
during the 2006 fishing year. This action
is authorized by the regulations
implementing Amendment 13 to the NE
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Fmt 4700
Sfmt 4700
35199
Multispecies Fishery Management Plan
(FMP) under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective June 19, 2006, through
April 30, 2007, unless otherwise
superseded by another temporary rule.
FOR FURTHER INFORMATION CONTACT:
Douglas W. Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the gear
requirements for the U.S./Canada
Management Area are found at
§ 648.85(a)(3)(iii). The regulations
require trawl vessels issued a valid
limited access NE multispecies permit
and fishing under a NE multispecies
DAS in the Eastern U.S./Canada Area, as
defined at § 648.85(a)(1)(ii), to fish with
either a haddock separator trawl or a
flounder net. The Eastern U.S./Canada
Area GB cod TAC for the 2006 fishing
year (May 1, 2006 - April 30, 2007) was
specified at 374 mt on April 28, 2006
(71 FR 25095). Once the available TAC
for GB cod, GB haddock, or GB
yellowtail flounder is projected to be
caught, the Regional Administrator is
required to close the Eastern U.S./
Canada Area to all NE multispecies DAS
vessels for the remainder of the fishing
year, pursuant to § 648.85(a)(3)(iv)(E).
The regulations at § 648.85(a)(3)(iv)(D)
authorize the Regional Administrator to
modify certain regulations governing the
harvesting of fish from the U.S./Canada
Management Area, including gear
requirements, to prevent over-harvesting
or under-harvesting the TAC allocations
specified for GB cod, GB haddock, or GB
yellowtail flounder in the U.S./Canada
Management Area once at least 30
percent of the TAC allocations specified
for the U.S./Canada Management Area
are projected to be, or have been,
harvested. Based upon Vessel
Monitoring System (VMS) reports and
other available information, the
Regional Administrator has projected
that the current rate of harvest of GB cod
will result in 30 percent of the 2006
Eastern U.S./Canada Area GB cod TAC
being harvested by June 20, 2006. At
this rate, it is likely that the 2006
Eastern U.S./Canada Area GB cod TAC
would be caught before the end of the
2006 fishing year, resulting in the
premature closure of the Eastern U.S./
Canada Area and the potential underharvest of the available TACs for GB
haddock and GB yellowtail flounder
during the 2006 fishing year. Based on
this information, the Regional
Administrator is requiring that all
limited access NE multispecies vessels
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19JNR1
35200
Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations
fishing in the Eastern U.S./Canada Area
under a NE multispecies DAS with
trawl gear use a haddock separator trawl
to reduce catch and discard of GB cod,
effective June 19, 2006, through April
30, 2007, unless superseded by another
temporary rule.
wwhite on PROD1PC61 with RULES
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. This action would
require all NE multispecies DAS vessels
fishing with trawl gear to use a haddock
separator trawl when fishing in the
Eastern U.S./Canada Area to slow the
catch rate of GB cod and ensure that the
available TAC for GB cod is not overharvested during the 2006 fishing year.
Slowing the catch rate of GB cod would
also prolong access to the Eastern U.S./
Canada Area so that vessels may be able
to fully harvest the available TACs for
GB haddock and GB yellowtail flounder.
Because of the time necessary to provide
for prior notice and opportunity for
public comment, NMFS would be
prevented from taking immediate action
to slow the catch rate of GB cod in the
Eastern U.S./Canada Area. Such a delay
would allow the observed high catch
VerDate Aug<31>2005
15:59 Jun 16, 2006
Jkt 208001
rate of GB cod to continue and would
result in excessive discards of GB cod,
the premature closure of the Eastern
U.S./Canada Area for the remainder of
the fishing year, and the potential
under-harvest of the available TACs
specified for GB haddock and GB
yellowtail flounder. Excessive discards
of GB cod caused by a delayed
implementation of this action could
potentially increase mortality on this
overfished stock and undermine the
conservation objectives of Amendment
13 to the FMP and the MagnusonStevens Act. Under-harvesting the GB
haddock or GB yellowtail flounder
TACs 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 haddock
and GB yellowtail flounder TACs
specified for the U.S./Canada
Management Area would not be
realized. Therefore, based on the above
information, the AA finds good cause,
pursuant to 5 U.S.C. 553(b)(B), to waive
prior notice and opportunity for public
comment because it would be
impracticable and contrary to the public
interest.
For the reasons specified above, a
delay in the effectiveness of the gear
requirement in this rule would prevent
NMFS from meeting its management
obligation to prevent the GB cod TAC
from being exceeded during the 2006
fishing year and ensure that vessels
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
have the opportunity to fully harvest the
available 2006 TACs specified for GB
haddock and GB yellowtail flounder in
the U.S./Canada Management Area. Any
such delay could lead to the negative
impacts to the fishing industry
described above. Therefore, 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.
The rate of harvest of the GB cod TAC
in the Eastern U.S./Canada Area 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 cod during the
2006 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: June 14, 2006.
James W. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–5505 Filed 6–14–06; 11:50 am]
BILLING CODE 3510–22–S
E:\FR\FM\19JNR1.SGM
19JNR1
]]>Agencies
[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Rules and Regulations]
[Pages 35199-35200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5505]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040112010-4114-02; I.D. 061306A]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Modification of the Gear Restrictions for the
U.S./Canada Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; gear restriction.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is modifying the gear restrictions for
the U.S./Canada Management Area to require all limited access NE
multispecies vessels fishing on a NE multispecies day-at-sea (DAS) with
trawl gear in the Eastern U.S./Canada Area to use a haddock separator
trawl. A projection based on available catch and discard information
indicates that 30 percent of the total allowable catch (TAC) for
Georges Bank (GB) cod specified for the Eastern U.S./Canada Area will
be harvested by June 20, 2006. This catch rate could result in the
harvest of the available TAC specified for GB cod before the end of the
2006 fishing year on April 30, 2007. This action is intended to slow
the catch of GB cod in the Eastern U.S./Canada Area to prolong access
to the Eastern U.S./Canada Area and to prevent the GB cod TAC specified
for the Eastern U.S./Canada Area from being exceeded during the 2006
fishing year. This action is authorized by the regulations implementing
Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Effective June 19, 2006, through April 30, 2007, unless
otherwise superseded by another temporary rule.
FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the gear requirements
for the U.S./Canada Management Area are found at Sec.
648.85(a)(3)(iii). The regulations require trawl vessels issued a valid
limited access NE multispecies permit and fishing under a NE
multispecies DAS in the Eastern U.S./Canada Area, as defined at Sec.
648.85(a)(1)(ii), to fish with either a haddock separator trawl or a
flounder net. The Eastern U.S./Canada Area GB cod TAC for the 2006
fishing year (May 1, 2006 - April 30, 2007) was specified at 374 mt on
April 28, 2006 (71 FR 25095). Once the available TAC for GB cod, GB
haddock, or GB yellowtail flounder is projected to be caught, the
Regional Administrator is required to close the Eastern U.S./Canada
Area to all NE multispecies DAS vessels for the remainder of the
fishing year, pursuant to Sec. 648.85(a)(3)(iv)(E).
The regulations at Sec. 648.85(a)(3)(iv)(D) authorize the Regional
Administrator to modify certain regulations governing the harvesting of
fish from the U.S./Canada Management Area, including gear requirements,
to prevent over-harvesting or under-harvesting the TAC allocations
specified for GB cod, GB haddock, or GB yellowtail flounder in the
U.S./Canada Management Area once at least 30 percent of the TAC
allocations specified for the U.S./Canada Management Area are projected
to be, or have been, harvested. Based upon Vessel Monitoring System
(VMS) reports and other available information, the Regional
Administrator has projected that the current rate of harvest of GB cod
will result in 30 percent of the 2006 Eastern U.S./Canada Area GB cod
TAC being harvested by June 20, 2006. At this rate, it is likely that
the 2006 Eastern U.S./Canada Area GB cod TAC would be caught before the
end of the 2006 fishing year, resulting in the premature closure of the
Eastern U.S./Canada Area and the potential under-harvest of the
available TACs for GB haddock and GB yellowtail flounder during the
2006 fishing year. Based on this information, the Regional
Administrator is requiring that all limited access NE multispecies
vessels
[[Page 35200]]
fishing in the Eastern U.S./Canada Area under a NE multispecies DAS
with trawl gear use a haddock separator trawl to reduce catch and
discard of GB cod, effective June 19, 2006, through April 30, 2007,
unless superseded by another temporary rule.
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. This action would
require all NE multispecies DAS vessels fishing with trawl gear to use
a haddock separator trawl when fishing in the Eastern U.S./Canada Area
to slow the catch rate of GB cod and ensure that the available TAC for
GB cod is not over-harvested during the 2006 fishing year. Slowing the
catch rate of GB cod would also prolong access to the Eastern U.S./
Canada Area so that vessels may be able to fully harvest the available
TACs for GB haddock and GB yellowtail flounder. Because of the time
necessary to provide for prior notice and opportunity for public
comment, NMFS would be prevented from taking immediate action to slow
the catch rate of GB cod in the Eastern U.S./Canada Area. Such a delay
would allow the observed high catch rate of GB cod to continue and
would result in excessive discards of GB cod, the premature closure of
the Eastern U.S./Canada Area for the remainder of the fishing year, and
the potential under-harvest of the available TACs specified for GB
haddock and GB yellowtail flounder. Excessive discards of GB cod caused
by a delayed implementation of this action could potentially increase
mortality on this overfished stock and undermine the conservation
objectives of Amendment 13 to the FMP and the Magnuson-Stevens Act.
Under-harvesting the GB haddock or GB yellowtail flounder TACs 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 haddock and GB yellowtail flounder TACs specified
for the U.S./Canada Management Area would not be realized. Therefore,
based on the above information, the AA finds good cause, pursuant to 5
U.S.C. 553(b)(B), to waive prior notice and opportunity for public
comment because it would be impracticable and contrary to the public
interest.
For the reasons specified above, a delay in the effectiveness of
the gear requirement in this rule would prevent NMFS from meeting its
management obligation to prevent the GB cod TAC from being exceeded
during the 2006 fishing year and ensure that vessels have the
opportunity to fully harvest the available 2006 TACs specified for GB
haddock and GB yellowtail flounder in the U.S./Canada Management Area.
Any such delay could lead to the negative impacts to the fishing
industry described above. Therefore, 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.
The rate of harvest of the GB cod TAC in the Eastern U.S./Canada
Area 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 cod during the 2006 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: June 14, 2006.
James W. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-5505 Filed 6-14-06; 11:50 am]
BILLING CODE 3510-22-S
