[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55158-55159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25810]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080521698-9067-02]
RIN 0648-AW87


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Secretarial Final Interim Action; Rule Extension

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

ACTION:  Temporary rule; interim action extension and request for 
comments.

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SUMMARY:  NMFS continues the management measures implemented by the 
April 13, 2009, interim rule (as modified by the July 8, 2009 interim 
rule), which is scheduled to expire on October 28, 2009. Specifically, 
this temporary rule maintains the current interim commercial and 
recreational management measures intended to reduce overfishing on 
certain stocks managed by the Northeast (NE) Multispecies Fishery 
Management Plan (FMP), for the remainder of the 2009 fishing year 
(FY)(i.e., through April 30, 2010).

DATES:  The effective date of the interim rule published April 13, 2009 
(74 FR 17030), as amended by the interim rule published July 8, 2009 
(74 FR 32466) is extended through April 30, 2010. NMFS will accept 
comments through November 27, 2009.

ADDRESSES: You may submit comments, identified by 0648-AW87, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-rulemaking portal: http://www.regulations.gov.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the 
outside of the envelope: ``Comments on NE Multispecies Final Interim 
Rule.''
     Fax: (978) 281-9135.
    Instructions: All comments received are part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter ``N/A'' in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF formats only.
    Copies of the small entity compliance guide are available from the 
Regional Administrator, NMFS, Northeast Regional Office, at the address 
above. Copies of the Environmental Assessment (EA) prepared for this 
rule may be found at the following internet address: http://www.nero.noaa.gov/nero/regs/frdoc/09/09multiInterimea.pdf

FOR FURTHER INFORMATION CONTACT:  Thomas A. Warren, Fishery Policy 
Analyst, (978) 281-9347, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    This temporary final rule extends the interim rule published on 
April 13, 2009 (74 FR 17030), as modified by the interim rule published 
on July 8, 2009 (74 FR 32466), through April 30, 2010, in order to 
manage the NE multispecies fishery through the end of FY 2009 (April 
30, 2010). Those interim final rules, and the preceding proposed rule 
of January 16, 2009 (74 FR 2959), include detailed information on the 
background and reasons for the need to reduce fishing effort in the NE 
multispecies fishery for FY 2009. The public had an opportunity to 
comment on both the proposed and final rules. NMFS will accept public 
comment after publication of this temporary rule to extend, both on the 
effectiveness of the emergency action to date, and its extension.
    All measures in effect prior to May 1, 2009, that were not amended 
by the April 13, 2009, final interim rule (as amended) will remain in 
effect. This action extends these measures through April 30, 2010.
    The interim management measures extended through this interim rule 
are as follows: Maintenance of the scheduled FY 2009 DAS reduction 
included in the FMP, which results in an approximately 18-percent 
reduction in Category A days-at-sea (DAS); an expanded differential DAS 
counting area in Southern New England (SNE), where a vessel is charged 
2 days for every day fished; modified trip limits (zero possession of 
SNE winter flounder, windowpane flounder (north), ocean pout, and witch 
flounder; 2,000 lb (909.1 kg)/DAS up to 10,000 lb (4,545.5 kg)/trip for 
white hake, and unrestricted possession of Georges Bank (GB) winter 
flounder); specification of target Total Allowable Catches (TACs); 
revisions to incidental catch TACs and allocations to special 
management programs; annual specifications for the U.S./Canada 
Management Area; elimination of the SNE/Mid-Atlantic (MA) Winter 
Flounder Special Access Program (SAP); elimination of the state waters 
winter flounder exemption; modification of the Closed Area I (CA I) 
Hook Gear Haddock SAP; reduction of the haddock minimum size to 18 
inches (45 cm); extension of the Eastern U.S./Canada Haddock SAP; 
modifications to the Regular B DAS Program; DAS Leasing Program 
modifications; DAS Transfer Program modifications; implementation of 
monkfish DAS rules to mitigate impacts of the NE multispecies interim 
action; revision of the FY 2009 GB cod TACs for sectors; and 
modifications to the recreational measures, including extension in time 
of a seasonal

[[Page 55159]]

prohibition on the possession of Gulf of Maine (GOM) cod, and 
continuation of the prohibition on the possession of SNE/MA winter 
flounder. In addition, this action continues measures to mitigate some 
of the negative, short-term economic impacts of the FMP by expanding 
the CA I Hook Gear Haddock SAP; modifying the DAS Leasing Program, the 
Regular B DAS Program, and the DAS Transfer Program; continuing the 
Eastern U.S./Canada Haddock SAP; and continuing a reduction in the 
haddock minimum size to 18 inches (45 cm) for both commercial and 
recreational vessels.
    Four comments were received that were pertinent to the interim 
rule. Associated Fisheries of Maine supported the revised trip limits 
for GB winter flounder and white hake, and requested that NMFS exempt 
vessels fishing with haddock separator trawls or Rhule trawls from the 
SNE Differential DAS Area restrictions. The State of Maine supported 
the revised trip limits. NMFS agrees that the revised trip limits are 
justified. NMFS disagrees that the Rhule trawl or haddock separator 
trawl should be exempt from the SNE Differential DAS Area. The 
principal objective of the SNE Differential DAS Area is to reduce the 
fishing mortality on SNE winter flounder. Although the Rhule trawl 
significantly reduces the catch of winter flounder, it is less 
effective at reducing the catch of winter flounder compared to other 
species. Winter flounder comprised 4 percent of the experimental trawl 
catch in the research that was the basis of NMFS's approval of this 
gear for use in certain special management programs. Similarly, the 
haddock separator trawl research indicated significant reductions in 
catch of flatfish, but the percentage reduction is variable. In 
contrast, hook gear catches relatively little winter flounder (less 
than 1 percent, based on data from the Cape Cod Commercial Hook 
Fishermen's Association). Although it is not possible to quantitatively 
compare the difference in fishing mortality reduction between vessels 
fishing under differential (two-to-one) DAS restrictions (using regular 
trawl gear) and vessels fishing under one-to-one DAS restrictions 
(using specialized trawl gear), given the large reduction in fishing 
mortality necessary for SNE/MA winter flounder, exemption from the SNE 
Differential DAS restrictions for vessels using specialized trawl gear 
is not warranted.
    The Atlantic States Marine Fisheries Commission (Commission) 
expressed support for the interim action and the extension of the 
action, especially those measures that provide additional protection 
for winter flounder. The Commission stated that the sacrifices made by 
the recreational and commercial fisheries are necessary to generate the 
future benefits of a rebuilt winter flounder fishery. NMFS agrees that 
continuing measures to protect winter flounder are necessary in order 
to rebuild the fishery for the future, and is extending the interim 
management measures for the duration of the fishing year.
    A member of the fishing industry from New Jersey was concerned 
about the economic impact of the measures on vessels fishing for winter 
flounder from New Jersey ports. NMFS agrees that the prohibition on the 
retention of SNE/MA winter flounder and the SNE Differential DAS Area 
will have an economic impact on vessels from New Jersey ports. The 
economic impacts were taken into account by NMFS in the decision to 
implement a differential DAS area instead of a complete closure in SNE 
(as described in the interim rule of April 13, 2009). Restrictive 
measures are necessary to rebuild the SNE/MA stock of winter flounder.

Classification

    NMFS has determined that the interim management measures extended 
by this temporary rule are necessary and are consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable law.
    The interim rule that this rule extends was determined to be 
significant for purposes of E.O. 12866.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act to prepare a regulatory flexibility analysis because 
the rule is issued without opportunity for prior public comment.
    The EA prepared for the initial interim rule analyzed the impacts 
of the interim management measures for the duration of a year 
(Secretarial Interim Action to Implement Measures to Reduce Overfishing 
in the Northeast Multispecies Fishery Complex; Environmental 
Assessment; April 6, 2009). Therefore, this interim action extension 
meets the Categorical Exclusion requirements of NOAA Administrative 
Order 216-6, and no additional environmental analysis was prepared 
pursuant to the National Environmental Policy Act.

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

    Dated: October 21, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-25810 Filed 10-26-09; 8:45 am]
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