[Federal Register Volume 66, Number 219 (Tuesday, November 13, 2001)]
[Rules and Regulations]
[Pages 56781-56782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010413094-1094-01; 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: Extension of the expiration date of an emergency interim rule.

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SUMMARY: NMFS informs the public that the emergency interim rule 
published on May 8, 2001, as amended on July 23, 2001, to govern 
fishing in the Atlantic deep-sea red crab (Chaceon quinquedens) (red 
crab) fishery from May 18, 2001, through November 14, 2001, is extended 
for an additional 180 days to continue protection of red crab while 
permanent measures are being developed by the New England Fishery 
Management Council (Council). The extension adjusts the total allowable 
catch (TAC) for its 180-day duration to 2.16 million lb (979.8 mt); 
maintains a possession limit of 65,000 lb (29.5 mt) of whole red crab 
or its equivalent, a trap/pot limit of 600 pots, and an incidental 
catch of 100 lb (45.4 kg) of whole red crab per fishing trip. The 
extension also continues the requirements for a letter of 
authorization, for vessel reporting via an interactive voice response 
system, and for submission of vessel trip reports for the red crab 
fishery. The intended effect of extending this rule is to continue to 
prevent or eliminate overfishing and provide immediate protection of 
the red crab stock in the previously unregulated Atlantic deep-sea red 
crab fishery in the Northeast region while a Federal fishery management 
plan (FMP) is being developed.

DATES: The expiration date of the emergency interim rule, published May 
8, 2001 (66 FR 23182), as amended on July 23, 2001 (66 FR 38165), is 
extended effective November 15, 2001, through May 14, 2002.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, 978-281-9272, fax 978-281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    At its January 23, 2001, meeting, the Council requested that the 
Secretary of Commerce (Secretary) use his authority under section 
305(c) of the Magnuson-Stevens Fishery Conservation and Management Act 
to promulgate emergency regulations to address the potential for a 
rapid increase in the harvesting of red crab and to halt or prevent 
overfishing, while providing immediate protection to the red crab 
resource as the Council develops an FMP for red crab. An emergency 
interim rule to implement management measures for the red crab fishery 
was published on May 8, 2001 (66 FR 23182), effective May 18, 2001, 
through November 14, 2001. A full discussion of the status of the red 
crab stock and the need for emergency interim action is found in the 
preamble to the emergency interim rule and is not repeated here.
    On July 23, 2001, NMFS amended the emergency interim rule (66 FR 
38165) by revising the conversion factor for determining live weight 
landings where red crab are landed in a butchered state. Based on 
comments subsequently received, additions/modifications to those 
conversions may again be needed in the long term and will be fully 
addressed in the FMP under development.
    On August 2, 2001, 83.9 percent of the red crab total allowable 
catch (TAC) was landed and, based on projections that the TAC would be 
reached as of August 17, 2001, NMFS closed the directed fishery 
effective on August 17, 2001.
    After promulgating the initial emergency interim rule, NMFS was 
sued in the Federal District Court of Virginia by the owners of two 
large crab processor vessels on grounds that emergency rulemaking was 
not justified and that the rule was not supported by the record. On a 
motion to change venue by the intervener New England Red Crab 
Harvesters Association, the lawsuit was recently transferred to 
Massachusetts. In promulgating this extension to the emergency interim 
rule, NMFS has taken into account all issues covered in this lawsuit 
and concluded that the measures included in this rule are necessary for 
a risk-averse approach to protecting the red crab resource.
    This action extends the emergency interim measures for 180 days, 
effective November 15, 2001. Emergency interim measures extended by 
this action include a TAC of 2.16 million lb (979.8 mt). This TAC is 
based on one-half of an annual TAC of 5.0 million lb (2,268 mt) reduced 
by the overage caught during the initial emergency period (which was 
approximately 340,000 lb (154.22 mt)). NMFS reduced the TAC for the 
extension period by the amount of the overage (340,000 lb (154.22 mt)) 
from the initial period in order to ensure that the annual TAC of 5.0 
million lb is not exceeded. Other measures, which remain the same as in 
the initial emergency interim rule, include: a possession/landing limit 
of 65,000 lb (29.5 mt) of whole red crab, or its whole weight 
equivalent, per vessel per fishing trip; a trap/pot limit of 600 pots 
per vessel; and an incidental catch limit of 100 lb (45.4 kg) of red 
crab per fishing trip. This extension also continues the requirements 
for a letter of authorization, vessel reporting via an interactive 
voice response system, and submission of vessel trip reports for the 
red crab fishery.

Comments and Responses

    Comment 1: By allowing the continuation of fishing by vessels that 
entered the fishery after the March 1, 2000, control date, the 
emergency rule does not protect the viability of the existing fishery 
nor is it consistent with national and international fishery policy.
    Response: The emergency rule contains measures that NMFS believes 
will prevent or eliminate overfishing of the red crab stock in the 
short term from Cape Hatteras Light, NC, northward to the U.S.-Canada 
border. A moratorium on vessels that entered the red crab fishery after 
the control date is a controversial and time-consuming action to 
implement and would be better addressed in the Red Crab FMP currently 
under development.
    Comment 2: The emergency rule does not prevent substantial damage 
to the historical participants in the Atlantic red crab fishery.
    Response: The emergency rule establishes a 65,000-lb (29.5-mt) 
possession limit, which has been estimated to be the average hold 
capacity of the red crab vessels that had

[[Page 56782]]

been fishing at least 1 year prior to and including the control date of 
March 1, 2000. This trip limit was selected to allow the greatest 
number of vessels with a recent history in the fishery to continue to 
fish while not precluding red crab fishing by any vessel that chooses 
to fish under the emergency provisions.
    Comment 3: If the emergency rule is extended it should be modified 
to limit the issuance of letters of authorization to vessels that had a 
history of substantial participation in the red crab fishery prior to 
March 1, 2000, as requested by the Council.
    Response: At its January 23, 2001, meeting, the Council approved a 
motion to request that the Secretary use his authority to promulgate 
emergency regulations to halt or prevent potential overfishing, while 
providing immediate protection to the red crab resource as the Council 
develops an FMP for red crab. The management measures implemented by 
this emergency rule are intended to help prevent a derby-type fishery 
and are intended to allow the greatest number of vessels with a recent 
history in the fishery to continue to fish while not precluding red 
crab fishing by any vessel that chooses to fish under the emergency 
provisions.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 7, 2001.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 01-28391 Filed 11-7-01; 4:52 pm]
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