Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for the U.S./Canada Management Area, 10515-10516 [E9-5171]

Download as PDF Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations rwilkins on PROD1PC63 with RULES On February 23, 2009, the Court issued a third Order, extending the suspension of differential DAS counting through April 10, 2009, to allow the Council time to review NMFS analysis of the mixed-stock exception, as submitted to the Court on February 19, 2009, as submitted to the Council during it’s regularly scheduled April 2009 meeting. In response to the February 17, 2009, and February 23, 2009, Court Orders, NMFS, through this final interim rule, is issuing a temporary suspension of the FW 42 differential DAS counting regulations through April 10, 2009, and extending the fishing year 2008 March 1 deadline for submission of DAS leasing applications to March 31. Classification It has been determined that this rule is ‘‘not significant’’ for purposes of E.O. 12866. The Administrator, Northeast Region, NMFS, determined that the temporary suspension of differential DAS counting implemented through this final interim rule is necessary in order to comply with the Court Order. Therefore, this action represents a non-discretionary modification to the FMP, as required by a Court Order, Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of Fisheries (AA) finds good cause to waive prior notice and opportunity for public comment. Prior notice and opportunity for public comment are impracticable, as NMFS is required by court order to immediately implement these changes, and has no discretion in making these modifications to the rule. For the same reason, the AA finds good cause to waive the 30–day delay in the effective date under 5 U.S.C. 553(d)(3). Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. are inapplicable. It has been determined that the Environmental Assessment/Finding of No Significant Impact statement prepared for FW 42 remains applicable and that the scope of this action falls within the range of measures previously analyzed. This final interim rule has been determined to be not significant for the purposes of Executive Order (E.O.) 12866. This final interim rule does not contain policies with Federalism or ‘‘takings’’ implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. This final interim rule does not contain any new recordkeeping or reporting requirements. VerDate Nov<24>2008 16:30 Mar 10, 2009 Jkt 217001 10515 List of Subjects in 50 CFR Part 648 DEPARTMENT OF COMMERCE Fisheries, Fishing, Reporting and recordkeeping requirements. National Oceanic and Atmospheric Administration Dated: March 5, 2009. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons stated in the preamble, 50 CFR part 648 is amended as follows: ■ PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.82, paragraph (e)(2) is stayed effective March 6, 2009, through April 10, 2009, and paragraph (k)(3) introductory text is revised to read as follows: ■ § 648.82 Effort-control program for NE multispecies limited access vessels. * * * * * (k) * * * (3) Application to lease NE multispecies DAS. To lease Category A DAS, the eligible Lessor and Lessee vessel must submit a completed application form obtained from the Regional Administrator. The application must be signed by both Lessor and Lessee and be submitted to the Regional Office at least 45 days before the date on which the applicants desire to have the leased DAS effective. The Regional Administrator will notify the applicants of any deficiency in the application pursuant to this section. Applications may be submitted at any time prior to the start of the fishing year or throughout the fishing year in question, up until the close of business on March 1, unless otherwise specified in the this paragraph (k)(3). For the 2009 fishing year, applications may be submitted up until the close of business on March 31. Eligible vessel owners may submit any number of lease applications throughout the application period, but any DAS may only be leased once during a fishing year. * * * * * [FR Doc. E9–5191 Filed 3–6–09; 4:15 pm] BILLING CODE 3510–22–S PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 50 CFR Part 648 [Docket No. 0401120010–4114–02] RIN 0648–XN66 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) 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; increase of landing limit. SUMMARY: This action increases the Georges Bank (GB) yellowtail flounder trip limit to 5,000 lb (2,268 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 (FMP) and is intended to increase the likelihood of harvesting the total allowable catch (TAC) for GB yellowtail flounder without exceeding it during the 2008 fishing year. This action is being taken to allow vessels to fully harvest the TACs for transboundary stocks of GB cod, haddock, and yellowtail flounder under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Effective 0001 hours March 9, 2009, through April 30, 2009. FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Management Specialist, (978) 281–9122, 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 2008 fishing year (May 1, 2008 - April 30, 2009) was set at 1,950 mt (73 FR 16572, March 28, 2008), a E:\FR\FM\11MRR1.SGM 11MRR1 10516 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations rwilkins on PROD1PC63 with RULES 217–percent increase from the TAC for the 2007 fishing year. The regulations at § 648.85(a)(3)(iv)(D) authorize the Administrator, Northeast (NE) Region, NMFS (Regional Administrator) to increase or decrease the trip limits in the U.S./Canada Management Area to prevent overharvesting or under-harvesting the TAC allocation. On April 29, 2008 (73 FR 23130), based upon the 2008 TAC for GB yellowtail flounder and projections of harvest rates in the fishery, the trip limit for GB yellowtail flounder was set at 5,000 lb (2,268 kg) for the 2008 fishing year. On October 22, 2008 (73 FR 63652) the trip limit for GB yellowtail flounder was reduced to 2,500 lb (1,134 kg) to slow the rate of harvest 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. According to the most recent Vessel Monitoring System (VMS) reports and other available information, the cumulative GB yellowtail flounder catch is approximately 67.2 percent of the TAC as of February25, 2009. Increasing the GB yellowtail flounder trip limit to 5,000 lb (2,268 kg) from 2,500 lb (1,134 kg) is expected to increase landings of GB yellowtail flounder, reduce discards, and result in the achievement of the TAC during the fishing year, without exceeding it. Based on this information, the Regional Administrator is increasing the current 2,500–lb (1,134–kg) yellowtail flounder trip limit in the U.S./Canada Management Area to 5,000 lb (2,268 kg) per trip, effective 0001 hours local time March 9, 2009, through April 30, 2009. GB yellowtail flounder landings will continue to be closely monitored. Further inseason adjustments to VerDate Nov<24>2008 16:39 Mar 10, 2009 Jkt 217001 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 relieve a restriction by increasing the GB yellowtail flounder trip limit for all NE multispecies DAS vessels fishing in the U.S./Canada Management Area through April 30, 2009, to facilitate the harvest of the TAC while ensuring that the TAC will not be exceeded during the 2008 fishing year. This will result in decreased regulatory discards of GB yellowtail flounder, increase revenue for the NE multispecies fishery, and increase the chances of achieving optimum yield in the groundfish fishery. PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 This action is authorized by the regulations at § 648.85(a)(3)(iv)(D) to facilitate achieving the U.S/Canada Management Area TACs. It is important to take this action immediately because the current restrictive GB yellowtail flounder trip limit has prevented the NE multispecies fishery from harvesting the TAC at a rate that will result in complete harvest by the end of the 2008 fishing year. Delay in the implementation of this action could result in further wasteful discards of GB yellowtail flounder and decrease the opportunity available for vessels to fully harvest the 2008 GB yellowtail flounder TAC. The information necessary to take this action became available only recently. The time necessary to provide for prior notice, opportunity for public comment, and delayed effectiveness for this action would prevent NE multispecies DAS vessels from efficiently targeting GB yellowtail flounder in the U.S./Canada Management Area. The Regional Administrator’s authority to increase trip limits for GB yellowtail flounder in the U.S./Canada Management Area to help ensure that 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 to the FMP and Framework Adjustment 42 to the FMP. 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: March 5, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–5171 Filed 3–6–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Rules and Regulations]
[Pages 10515-10516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5171]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0401120010-4114-02]
RIN 0648-XN66


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
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; increase of landing limit.

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

SUMMARY:  This action increases the Georges Bank (GB) yellowtail 
flounder trip limit to 5,000 lb (2,268 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 (FMP) and is intended to 
increase the likelihood of harvesting the total allowable catch (TAC) 
for GB yellowtail flounder without exceeding it during the 2008 fishing 
year. This action is being taken to allow vessels to fully harvest the 
TACs for transboundary stocks of GB cod, haddock, and yellowtail 
flounder under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

DATES:  Effective 0001 hours March 9, 2009, through April 30, 2009.

FOR FURTHER INFORMATION CONTACT:  Allison Murphy, Fishery Management 
Specialist, (978) 281-9122, 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 2008 fishing 
year (May 1, 2008 - April 30, 2009) was set at 1,950 mt (73 FR 16572, 
March 28, 2008), a

[[Page 10516]]

217-percent increase from the TAC for the 2007 fishing year.
    The regulations at Sec.  648.85(a)(3)(iv)(D) authorize the 
Administrator, Northeast (NE) Region, NMFS (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. On 
April 29, 2008 (73 FR 23130), based upon the 2008 TAC for GB yellowtail 
flounder and projections of harvest rates in the fishery, the trip 
limit for GB yellowtail flounder was set at 5,000 lb (2,268 kg) for the 
2008 fishing year. On October 22, 2008 (73 FR 63652) the trip limit for 
GB yellowtail flounder was reduced to 2,500 lb (1,134 kg) to slow the 
rate of harvest 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.
    According to the most recent Vessel Monitoring System (VMS) reports 
and other available information, the cumulative GB yellowtail flounder 
catch is approximately 67.2 percent of the TAC as of February25, 2009. 
Increasing the GB yellowtail flounder trip limit to 5,000 lb (2,268 kg) 
from 2,500 lb (1,134 kg) is expected to increase landings of GB 
yellowtail flounder, reduce discards, and result in the achievement of 
the TAC during the fishing year, without exceeding it. Based on this 
information, the Regional Administrator is increasing the current 
2,500-lb (1,134-kg) yellowtail flounder trip limit in the U.S./Canada 
Management Area to 5,000 lb (2,268 kg) per trip, effective 0001 hours 
local time March 9, 2009, through April 30, 2009.
    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 relieve a 
restriction by increasing the GB yellowtail flounder trip limit for all 
NE multispecies DAS vessels fishing in the U.S./Canada Management Area 
through April 30, 2009, to facilitate the harvest of the TAC while 
ensuring that the TAC will not be exceeded during the 2008 fishing 
year. This will result in decreased regulatory discards of GB 
yellowtail flounder, increase revenue for the NE multispecies fishery, 
and increase the chances of achieving optimum yield in the groundfish 
fishery.
    This action is authorized by the regulations at Sec.  
648.85(a)(3)(iv)(D) to facilitate achieving the U.S/Canada Management 
Area TACs. It is important to take this action immediately because the 
current restrictive GB yellowtail flounder trip limit has prevented the 
NE multispecies fishery from harvesting the TAC at a rate that will 
result in complete harvest by the end of the 2008 fishing year. Delay 
in the implementation of this action could result in further wasteful 
discards of GB yellowtail flounder and decrease the opportunity 
available for vessels to fully harvest the 2008 GB yellowtail flounder 
TAC.
    The information necessary to take this action became available only 
recently. The time necessary to provide for prior notice, opportunity 
for public comment, and delayed effectiveness for this action would 
prevent NE multispecies DAS vessels from efficiently targeting GB 
yellowtail flounder in the U.S./Canada Management Area. The Regional 
Administrator's authority to increase trip limits for GB yellowtail 
flounder in the U.S./Canada Management Area to help ensure that 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 to the FMP and Framework Adjustment 42 to the FMP. 
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: March 5, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-5171 Filed 3-6-09; 4:15 pm]
BILLING CODE 3510-22-S
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