[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Rules and Regulations]
[Pages 38165-38166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18313]



[[Page 38165]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010413094-1178-02; I.D. 060701A]
RIN 0648-AP10


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Deep-
Sea Red Crab Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule; request for comments.

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SUMMARY: NMFS issues this interim final rule to amend regulations 
implemented through emergency interim rule for the Atlantic deep-sea 
red crab (Chaceon quinquedens) (red crab) fishery. This interim final 
rule revises the conversion factor for determining equivalent live 
weight of landings where red crab are landed in a butchered state. The 
intent of this interim final rule is to allow vessels that butcher at 
sea to land a true live weight equivalent trip limit, currently set at 
65,000 pounds (29.5 metric tons (mt)).

DATES: Effective July 18, 2001, through November 14, 2001. Comments 
must be received no later than 5 p.m., local time on August 22, 2001.

ADDRESSES: Written comments should be sent to, and copies of the 
Environmental Assessment/Regulatory Impact Review supporting the 
original emergency interim action may be obtained from Patricia A. 
Kurkul, Regional Administrator, National Marine Fisheries Service, One 
Blackburn Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, phone: 978-281-9221, fax: 978-281-9135, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The red crab fishery is a relatively small 
trap fishery off the northeast coast generally prosecuted in waters 
deeper than 200 fathoms (365.7 m). Until one year ago, there were an 
estimated 5 vessels in the directed red crab fishery, all of which are 
reportedly under 120 ft (36.6 m) in length with an average hold 
capacity of 60,000 to 65,000 lb (27.2 to 29.5 mt) of whole crab 
product. While none of these 5 vessels has the ability to process 
completely (picked, cleaned, cooked, and frozen) crabs on board, one 
reportedly butchers the crabs on board. The 4 remaining vessels land 
their crabs whole and alive. In the last year, additional vessels have 
entered this fishery. These vessels have significantly larger hold 
capacities than the original 5 vessels and can process completely crabs 
on board.
    NMFS issued an emergency interim rule (rule) for the red crab 
fishery on May 8, 2001 (66 FR 23182). The rule was intended to prevent 
or eliminate overfishing and provide immediate protection of the red 
crab resource in what had previously been an unregulated fishery. The 
rule implemented, among other measures, a possession limit of 65,000 lb 
(29.5 mt) of whole red crab (or its equivalent in butchered product) 
for directed trips. For non-red crab directed trips, the rule 
implemented an incidental catch limit of 100 lb (45.4 kg) of whole red 
crab per fishing trip, or its equivalent. These limits are in line with 
recent historical catches and will likely constrain the larger vessels 
that entered the fishery in the last year. The rule is effective 
through November 14, 2001. The New England Fishery Management Council 
is currently developing a fishery management plan for this fishery that 
will implement management restrictions on a permanent basis.
    While the rule did not specifically define ``butcher on board,'' it 
set the possession limit for crab parts (other than whole or meat-only) 
equivalent to the whole red crab when the weight of the red crab parts 
is multiplied by 1.72. This multiplier corresponds with a recovery rate 
of 58 percent noted in the environmental assessment (EA) drafted in 
support of the rule. The EA noted that butchered-at-sea red crab was 
about 58 percent (with a range of about 49 to 64 percent), by weight, 
of the whole red crab. The rule thus codified the conversion ratio that 
reflected a recovery rate of about 58 percent of whole to butchered red 
crab, or 1.72 to 1.
    The EA noted in providing this estimate that when crabs are 
butchered at sea, unwanted parts of the crab are discarded, 
specifically, the carapace, gills, viscera. Since the publication of 
the rule, NMFS received information to clarify the process of 
butchering at sea and how that clarification affects the conversion 
ratio specified in the rule. By including the removal of the gills and 
viscera in addition to the carapace, the EA specified a slightly more 
thorough process in butchering red crab than is currently practiced. 
The process specified in the EA could be referred to as a ``fully 
cleaned'' butchered red crab section, which is typically not what is 
landed by those who butcher at sea.
    According to industry, a less than fully cleaned butchered- at-sea 
red crab has not had the gills, mandibles, and a large percentage of 
the tail flaps removed. The additional weight remaining on the crab 
would shift the equivalent weight ratio towards the higher percentage 
in the range of multipliers identified in the EA. That is, more weight 
would remain on the product when it is landed versus what was 
considered in the rule. Based on information provided by industry and 
preliminarily corroborated by NMFS, a recovery rate of about 64 percent 
is more in line with the equivalent ratio of red crab landed as 
butchered than 58 percent. Therefore, the interim final rule revises 
the multiplier used to determine the equivalent possession limit for 
butchered red crab to 64 percent, or 1.56. Applying the revised 
multiplier to the current possession limit yields an equivalent 
possession limit of approximately 41,670 lb (18.9 mt), as compared to 
37,791 lb (17.1 mt) using the current 1.72 multiplier.
    The ratio of 4 to 1, or 25 percent, was used to convert the weight 
of whole crab to finished product weight for crabs that have been 
picked, cleaned, cooked, and frozen (that is, meat only). No similar 
information was received with respect to the processed equivalent 
conversion ratio.

Classification

    This interim final rule amends an emergency rule by relieving a 
restriction on the possession limit for vessels that butcher at sea red 
crab. Immediate implementation will result in economic benefits to 
those vessels, while presenting no significant harm to the red crab 
resource or other vessels in the fishery. Because this interim final 
rule amends an action necessary to provide immediate protection to the 
Atlantic deep-sea red crab stock to protect it from overfishing, the 
Acting Assistant Administrator for Fisheries finds that there is good 
cause to waive the requirement to provide notice and the opportunity 
for public comment, pursuant to authority set forth at 5 U.S.C. 553 
(b)(B), as such procedures would be contrary to the public interest. 
This rule allows an increase in the numbers of crabs that vessels that 
butcher crabs at sea may harvest. This change makes the trip limit for 
these vessels comparable to those vessels that land whole crab. 
Therefore, the rule relieves a restriction and is not subject to the 
30-day delay in effective date otherwise required by 5 U.S.C. 553 (d).

[[Page 38166]]

    Because prior notice and opportunity for public comment are not 
required for this interim final 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.
    An EA and Regulatory Impact Review (RIR) were drafted in support of 
the emergency rule. The RIR ensures that NMFS systematically and 
comprehensively considers all available alternatives so that the public 
welfare can be enhanced in the most efficient and cost effective way. 
This interim final rule adjusts a conversion ratio multiplier to 
reflect the upper limit of the range that was considered in the RIR 
analysis for the emergency rule. (See: Secretarial Emergency Action for 
the Deep-Sea Red Crab (Chaceon quinquedens) Fishery: Environmental 
Assessment/Regulatory Impact Review) This change is being made to 
respond to industry concerns that indicate their method of butchering 
at sea red crabs is different from that discussed in the EA, and 
results in a different recovery rate. Applying the revised multiplier 
to the current possession limit of 65,000 lbs (29.5 mt) could yield an 
equivalent possession limit of approximately 41,670 lb (18.9 mt), as 
compared to 37,791 lb (17.1 mt) with the 1.72 multiplier. This increase 
in landings will have a positive impact on those who butcher red crab 
at sea. The additional allowance of landings should have no impact on 
vessels that do not butcher at sea and on the overall total allowable 
catch level because the total weight of whole crabs harvested would 
remain the same. It is only the landings total that would change for 
the vessel(s) that butcher at sea. Thus, there should be no resulting 
loss in revenues for the rest of the fleet. No new information on 
landings is available since the preparation of the RIR. This interim 
final rule has been determined to be not significant for the purposes 
of E.O. 12866.

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Vessel permits, Reporting and recordkeeping 
requirements.

    Dated: July 17, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648, subpart 
M, which is effective through November 14, 2001, 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 Sec. 648.265, paragraph (a) is suspended and paragraph (d) is 
added to read as follows:


Sec. 648.265  Possession and landing limits.

* * * * *
    (d) A vessel or operator of a vessel that has been issued a valid 
LOA under this subpart may fish for, catch, possess, transport, land, 
sell, trade, barter, or process at sea up to 65,000 lb (29.5 mt) of 
whole red crab (including culls) or its equivalent, per fishing trip. 
For red crab meat-only, the equivalent weight of whole red crab is the 
weight of red crab meat multiplied by 4. For red crab parts other than 
whole or meat-only, the equivalent weight of whole red crab is the 
weight of red crab parts multiplied by 1.56.


Secs. 648.262, 648.263, 648.265, and 648.268  [Amended]

    3. In addition to the amendments set forth above, in the following 
sections, remove the words ``Sec. 648.265(a)'', each time it appears, 
and add in its place the words ``648.265 (d)'':

 
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                Section                             Paragraph
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648.262                                               (a)
648.263                                               (a)
648.265                                               (c)
648.268                                           (a) (1)
648.268                                           (a) (5)
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[FR Doc. 01-18313 Filed 7-18-01; 4:11 pm]
BILLING CODE 3510-22-S