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, 2184-2186 [08-91]

Download as PDF 2184 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations TABLE III.—REPORTED DATA ELEMENT FORMAT—Continued Data element Minimum range Accuracy Frontal air bag deployment, nth stage disposal, right front passenger (y/n). Side air bag deployment, time to deploy, driver. Side air bag deployment, time to deploy, right front passenger. Side curtain/tube air bag deployment, time to deploy, driver side. Side curtain/tube air bag deployment, time to deploy, right side. Pretensioner deployment, time to fire, driver. Pretensioner deployment, time to fire, right front passenger. Seat track position switch, foremost, status, driver. Seat track position switch, foremost, status, right front passenger. Occupant size driver occupant 5th female size (y/n). Occupant position size right front passenger child (y/n). Occupant position classification, driver oop (y/n). Occupant position classification, right front passenger oop (y/n). Multi-event, number of events (1, 2). Time from event 1 to 2 .................. Complete file recorded (y/n) .......... Yes or No ..................................... N/A ................................................ Yes or No. 0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 0 to 250 ms .................................. ±2 ms ............................................ 1 ms. Yes or No ..................................... N/A ................................................ Yes or No. Yes or No ..................................... N/A ................................................ Yes or No. Yes or No ..................................... N/A ................................................ Yes or No. Yes or No ..................................... N/A ................................................ Yes or No. Yes or No ..................................... N/A ................................................ Yes or No. Yes or No ..................................... N/A ................................................ Yes or No. 1 or 2 ............................................ N/A ................................................ 1 or 2. 0 to 5.0 sec ................................... Yes or No ..................................... 0.1 sec .......................................... N/A ................................................ 0.1 sec. Yes or No. rmajette on PROD1PC64 with RULES (b) Acceleration Time-History data and format: the longitudinal, lateral, and normal acceleration time-history data, as applicable, must be filtered either during the recording phase or during the data downloading phase to include: (1) The Time Step (TS) that is the inverse of the sampling frequency of the acceleration data and which has units of seconds; (2) The number of the first point (NFP), which is an integer that when multiplied by the TS equals the time relative to time zero of the first acceleration data point; (3) The number of the last point (NLP), which is an integer that when multiplied by the TS equals the time relative to time zero of the last acceleration data point; and (4) NLP—NFP + 1 acceleration values sequentially beginning with the acceleration at time NFP * TS and continue sampling the acceleration at TS increments in time until the time NLP * TS is reached. I 7. Revise § 563.9 to read as follows: § 563.9 Data capture. The EDR must capture and record the data elements for events in accordance with the following conditions and circumstances: VerDate Aug<31>2005 15:18 Jan 11, 2008 Jkt 214001 (a) In a frontal or side air bag deployment crash, capture and record the current deployment data, up to two events. The memory for each air bag deployment event must be locked to prevent any future overwriting of these data. (b) In a deployment event that involves another type of deployable restraint (e.g., pretensioners, knee bolsters, pedestrian protection, etc.), or in a non-deployment event that meets the trigger threshold, capture and record the current non-deployment data, up to two events, subject to the following conditions: (1) If an EDR non-volatile memory buffer void of previous-event data is available, the current non-deployment event data is recorded in the buffer. (2) If an EDR non-volatile memory buffer void of previous-event data is not available, the manufacturer may choose either to overwrite the previous nondeployment event data with the current non-deployment event data, or not to record the current non-deployment event data. (3) EDR buffers containing previous deployment-event data must not be overwritten by the current nondeployment event data. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 Resolution Issued: January 8, 2008. Nicole R. Nason, Administrator. [FR Doc. E8–407 Filed 1–11–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 070227048–7091–02] RIN 0648–XE82 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; trip limit change. AGENCY: SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region, E:\FR\FM\14JAR1.SGM 14JAR1 rmajette on PROD1PC64 with RULES Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations NMFS (Regional Administrator), is decreasing the Georges Bank (GB) yellowtail flounder trip limit to 1,500 lb (680 kg) 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 over-harvest of the Total Allowable Catch (TAC) for GB yellowtail flounder. This action is being taken under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to slow the catch rate of GB yellowtail flounder to provide opportunity for vessels to continue fishing while helping to ensure that the TAC will not be exceeded during the 2007 fishing year (May 1, 2007 - April 20, 2008). DATES: Effective 0001 hours local time January 10, 2008, through April 30, 2008. 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 § 648.85(a)(3)(iv)(C) and (D). The regulations authorize vessels issued a valid Federal 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 2007 fishing year is 900 mt. The regulations at § 648.85(a)(3)(iv)(D) authorize the Regional Administrator to increase or decrease the trip limit in the U.S./ Canada Management Area to prevent over-harvesting or under-harvesting the TAC allocation. On April 24, 2007 (72 FR 20287), based upon the reduced 2007 TAC for GB yellowtail flounder (a 43–percent reduction from 2006) and projections of harvest rates in the fishery, the trip limit for GB yellowtail flounder was set at 3,000 lb (1,361 kg) for the 2007 fishing year, to prevent the over-harvest of the 2007 GB yellowtail flounder TAC, and to prevent a premature closure of the Eastern U.S./Canada Management Area and, therefore, reduced opportunities to fish for Eastern GB cod and haddock in the Eastern U.S./Canada Area. On November 27, 2007, the GB yellowtail flounder trip limit was increased to 7,500 lb (3,402 kg) because the 3,000– lb (1,361–kg) trip limit was projected to result in the under-harvest of the TAC. VerDate Aug<31>2005 15:18 Jan 11, 2008 Jkt 214001 According to the most recent Vessel Monitoring System (VMS) reports and other available information, the cumulative GB yellowtail flounder catch, as of January 9, 2008, is estimated to be 82 percent of the TAC, with a projection that the complete harvest of the TAC would occur by January 23, 2008. Harvest of the GB yellowtail flounder TAC would prevent the reopening of the Eastern U.S./Canada Area to harvest the remaining portions of the GB cod and GB haddock TACs. Decreasing the GB yellowtail flounder trip limit to 1,500 lb (680 kg) from 7,500 lb (3,402 kg) is expected to reduce the number of trips made to the Western U.S./Canada Area to target GB yellowtail flounder, decrease landings of yellowtail flounder without increasing discards, and result in the achievement of the TAC during the fishing year without exceeding it. Based on this information, the Regional Administrator is decreasing the current 7,500–lb (3,402–kg) trip limit in the U.S./Canada Area to 1,500 lb (680 kg) per trip, effective 0001 hours local time January 10, 2008, through April 30, 2008. GB yellowtail flounder landings will continue to be closely monitored. Further inseason adjustments to increase or decrease the trip limit may be considered, based on updated catch data and projections. Should 100 percent of the TAC allocation for GB yellowtail flounder be projected to be harvested, all vessels would be prohibited from harvesting, possessing, or landing yellowtail flounder from the entire U.S./Canada Management Area, and the Eastern U.S./Canada Area would be closed to limited access NE multispecies DAS vessels for the remainder of the 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)(3)(B) and (d)(3), there is good cause to waive prior notice and opportunity for public comment; as well as the delayed effectiveness for this action, because prior notice and comment, and a delayed effectiveness, would be impracticable and contrary to the public interest. The regulations under § 658.85(a)(3)(iv)(D) grant the Regional Administrator the authority to adjust the GB yellowtail flounder trip limit to prevent over-harvesting or underharvesting the TAC allocation. This action would reduce the GB yellowtail trip limit for all NE multispecies DAS vessels fishing in the U.S./Canada Management Area for the remainder of the 2007 fishing year. This action is PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 2185 intended to prevent the over-harvest of the GB yellowtail flounder TAC while allowing continued opportunities to achieve optimum yield in the NE multispecies fishery. This action is authorized by the regulations at § 648.85(a)(3)(iv)(D). It is important to take this action immediately because the rapid catch rate observed since implementing the 7,500–lb (3,402–kg) GB yellowtail flounder trip limit on November 27, 2007, is projected to result in the TAC being achieved on January 23, 2008. This would require that the Eastern U.S./Canada Area remain closed for the remainder of the 2007 fishing year, preventing the reopening the Eastern U.S./Canada Management Area to harvest the remaining portions of the GB cod and GB haddock TACs. Allowing the current rapid catch rate (33 percent of the TAC was caught between December 6, 2007, and January 3, 2008) to continue during the period necessary to publish and receive comments on a proposed rule could potentially allow the GB yellowtail flounder harvest to exceed the GB yellowtail flounder TAC for the 2007 fishing year. Exceeding the 2007 TAC for GB yellowtail flounder would increase mortality of this overfished stock beyond that evaluated during the development of Amendment 13, resulting in decreased revenue for the NE multispecies fishery, increased negative economic impacts to vessels operating in the U.S./Canada Area, a reduced chance of achieving optimum yield in the groundfish fishery, and unnecessary delays to the rebuilding of this overfished stock. Exceeding the 2007 GB yellowtail flounder TAC would also necessitate that any overages during the 2007 fishing year be deducted from the GB yellowtail TAC for the 2008 fishing year. Reducing the 2008 TAC due to any 2007 TAC overage caused by delaying this action would create an unnecessary burden on the fishing industry and further negative economic and social impacts that were not previously considered. The potential of decreasing the GB yellowtail flounder trip limit was announced to the public when the 7,500–lb (3,402–kg) trip limit was implemented on November 27, 2007. Further, the public is able to obtain information on the rate of harvest of the GB yellowtail flounder TAC via the Northeast Regional Office website (https://www.nero.noaa.gov), which provides at least some advanced notice of a potential action to prevent the TAC for GB yellowtail flounder from being exceeded during the 2007 fishing year. The Regional Administrator’s authority to decrease the trip limit for GB E:\FR\FM\14JAR1.SGM 14JAR1 2186 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations rmajette on PROD1PC64 with RULES yellowtail flounder in the U.S./Canada Management Area to ensure the shared U.S./Canada stocks of fish are harvested, but not exceeded, was considered and open to public comment during the development of Amendment 13 and FW VerDate Aug<31>2005 15:18 Jan 11, 2008 Jkt 214001 42. 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. PO 00000 Dated: January 9, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–91 Filed 1–9–08; 12:57 pm] BILLING CODE 3510–22–S Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1

Agencies

[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Rules and Regulations]
[Pages 2184-2186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-91]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070227048-7091-02]
RIN 0648-XE82


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; trip limit change.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region,

[[Page 2185]]

NMFS (Regional Administrator), is decreasing the Georges Bank (GB) 
yellowtail flounder trip limit to 1,500 lb (680 kg) 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 over-harvest of the Total Allowable Catch (TAC) for GB 
yellowtail flounder. This action is being taken under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) to slow the catch rate of GB yellowtail flounder to 
provide opportunity for vessels to continue fishing while helping to 
ensure that the TAC will not be exceeded during the 2007 fishing year 
(May 1, 2007 - April 20, 2008).

DATES: Effective 0001 hours local time January 10, 2008, through April 
30, 2008.

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 Sec.  648.85(a)(3)(iv)(C) and (D). The regulations authorize vessels 
issued a valid Federal 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 2007 fishing 
year is 900 mt. The regulations at Sec.  648.85(a)(3)(iv)(D) authorize 
the Regional Administrator to increase or decrease the trip limit in 
the U.S./Canada Management Area to prevent over-harvesting or under-
harvesting the TAC allocation.
    On April 24, 2007 (72 FR 20287), based upon the reduced 2007 TAC 
for GB yellowtail flounder (a 43-percent reduction from 2006) and 
projections of harvest rates in the fishery, the trip limit for GB 
yellowtail flounder was set at 3,000 lb (1,361 kg) for the 2007 fishing 
year, to prevent the over-harvest of the 2007 GB yellowtail flounder 
TAC, and to prevent a premature closure of the Eastern U.S./Canada 
Management Area and, therefore, reduced opportunities to fish for 
Eastern GB cod and haddock in the Eastern U.S./Canada Area. On November 
27, 2007, the GB yellowtail flounder trip limit was increased to 7,500 
lb (3,402 kg) because the 3,000-lb (1,361-kg) trip limit was projected 
to result in the under-harvest of the TAC.
    According to the most recent Vessel Monitoring System (VMS) reports 
and other available information, the cumulative GB yellowtail flounder 
catch, as of January 9, 2008, is estimated to be 82 percent of the TAC, 
with a projection that the complete harvest of the TAC would occur by 
January 23, 2008. Harvest of the GB yellowtail flounder TAC would 
prevent the reopening of the Eastern U.S./Canada Area to harvest the 
remaining portions of the GB cod and GB haddock TACs. Decreasing the GB 
yellowtail flounder trip limit to 1,500 lb (680 kg) from 7,500 lb 
(3,402 kg) is expected to reduce the number of trips made to the 
Western U.S./Canada Area to target GB yellowtail flounder, decrease 
landings of yellowtail flounder without increasing discards, and result 
in the achievement of the TAC during the fishing year without exceeding 
it. Based on this information, the Regional Administrator is decreasing 
the current 7,500-lb (3,402-kg) trip limit in the U.S./Canada Area to 
1,500 lb (680 kg) per trip, effective 0001 hours local time January 10, 
2008, through April 30, 2008. GB yellowtail flounder landings will 
continue to be closely monitored. Further inseason adjustments to 
increase or decrease the trip limit may be considered, based on updated 
catch data and projections. Should 100 percent of the TAC allocation 
for GB yellowtail flounder be projected to be harvested, all vessels 
would be prohibited from harvesting, possessing, or landing yellowtail 
flounder from the entire U.S./Canada Management Area, and the Eastern 
U.S./Canada Area would be closed to limited access NE multispecies DAS 
vessels for the remainder of the 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)(3)(B) and (d)(3), there is good cause 
to waive prior notice and opportunity for public comment; as well as 
the delayed effectiveness for this action, because prior notice and 
comment, and a delayed effectiveness, would be impracticable and 
contrary to the public interest. The regulations under Sec.  
658.85(a)(3)(iv)(D) grant the Regional Administrator the authority to 
adjust the GB yellowtail flounder trip limit to prevent over-harvesting 
or under-harvesting the TAC allocation. This action would reduce the GB 
yellowtail trip limit for all NE multispecies DAS vessels fishing in 
the U.S./Canada Management Area for the remainder of the 2007 fishing 
year. This action is intended to prevent the over-harvest of the GB 
yellowtail flounder TAC while allowing continued opportunities to 
achieve optimum yield in the NE multispecies fishery.
    This action is authorized by the regulations at Sec.  
648.85(a)(3)(iv)(D). It is important to take this action immediately 
because the rapid catch rate observed since implementing the 7,500-lb 
(3,402-kg) GB yellowtail flounder trip limit on November 27, 2007, is 
projected to result in the TAC being achieved on January 23, 2008. This 
would require that the Eastern U.S./Canada Area remain closed for the 
remainder of the 2007 fishing year, preventing the reopening the 
Eastern U.S./Canada Management Area to harvest the remaining portions 
of the GB cod and GB haddock TACs. Allowing the current rapid catch 
rate (33 percent of the TAC was caught between December 6, 2007, and 
January 3, 2008) to continue during the period necessary to publish and 
receive comments on a proposed rule could potentially allow the GB 
yellowtail flounder harvest to exceed the GB yellowtail flounder TAC 
for the 2007 fishing year. Exceeding the 2007 TAC for GB yellowtail 
flounder would increase mortality of this overfished stock beyond that 
evaluated during the development of Amendment 13, resulting in 
decreased revenue for the NE multispecies fishery, increased negative 
economic impacts to vessels operating in the U.S./Canada Area, a 
reduced chance of achieving optimum yield in the groundfish fishery, 
and unnecessary delays to the rebuilding of this overfished stock. 
Exceeding the 2007 GB yellowtail flounder TAC would also necessitate 
that any overages during the 2007 fishing year be deducted from the GB 
yellowtail TAC for the 2008 fishing year. Reducing the 2008 TAC due to 
any 2007 TAC overage caused by delaying this action would create an 
unnecessary burden on the fishing industry and further negative 
economic and social impacts that were not previously considered.
    The potential of decreasing the GB yellowtail flounder trip limit 
was announced to the public when the 7,500-lb (3,402-kg) trip limit was 
implemented on November 27, 2007. Further, the public is able to obtain 
information on the rate of harvest of the GB yellowtail flounder TAC 
via the Northeast Regional Office website (https://www.nero.noaa.gov), 
which provides at least some advanced notice of a potential action to 
prevent the TAC for GB yellowtail flounder from being exceeded during 
the 2007 fishing year. The Regional Administrator's authority to 
decrease the trip limit for GB

[[Page 2186]]

yellowtail flounder in the U.S./Canada Management Area to ensure the 
shared U.S./Canada stocks of fish are harvested, but not exceeded, was 
considered and open to public comment during the development of 
Amendment 13 and FW 42. 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: January 9, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-91 Filed 1-9-08; 12:57 pm]
BILLING CODE 3510-22-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.