[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Rules and Regulations]
[Pages 29678-29679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12785]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0910051338-0151-02]
RIN 0648-XW52


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Reductions to Trip Limits for Five Groundfish 
Stocks

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

ACTION: Temporary rule; inseason adjustment of landing limits.

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

SUMMARY: This action decreases the landing limit for Gulf of Maine 
(GOM) haddock, Georges Bank (GB) haddock, GOM winter flounder, GB 
winter flounder, and GB yellowtail flounder for Northeast (NE) 
multispecies vessels fishing under common pool regulations for the 2010 
fishing year (FY). This action is authorized by the regulations 
implementing Amendment 16 and Framework Adjustment 44 (FW 44) to the NE 
Multispecies Fishery Management Plan (FMP) and is intended to decrease 
the likelihood of harvest exceeding the subcomponent of the annual 
catch limit (ACL) allocated to the common pool (common pool sub-ACL) 
for each of these five stocks during FY 2010 (May 1, 2010, through 
April 30, 2011). This action is being taken to optimize the harvest of 
NE regulated multispecies under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective 0001 hours May 27, 2010, through April 30, 2011.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery Management 
Specialist, (978) 675-2153, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing possession and landing 
limits for vessels fishing under common pool regulations are found at 
50 CFR 648.86. The regulations authorize vessels issued a valid limited 
access NE multispecies permit and fishing under a NE multispecies day-
at-sea (DAS), or fishing under a NE multispecies Small Vessel or 
Handgear A or B category permit, to fish for and retain NE 
multispecies, under specified conditions. The vessels fishing in the 
common pool are allocated a sub-ACL equivalent to that portion of the 
commercial groundfish ACL that is not allocated to the 17 approved NE 
multispecies sectors for FY 2010. The final rule implementing FW 44 (75 
FR 18356, April 9, 2010) established ACLs for FY 2010. For FY 2010, the 
common pool sub-ACLs for these stocks are: 26 mt (57,320 lb) for GOM 
haddock; 254 mt (559,974 lb) for GB haddock; 25 mt (55,116 lb) for GOM 
winter flounder; 29 mt (63,934) lb for GB winter flounder; and 23 mt 
(50,706 lb) for GB yellowtail flounder. Of these stocks, only two 
currently have possession limits: 5,000 lb (2,268.0 kg) per trip for GB 
winter flounder; and 2,500 lb (1,134.0 kg) per trip for GB yellowtail 
flounder.
    The regulations at Sec.  648.86(o) authorize the Administrator, 
Northeast (NE) Region, NMFS (Regional Administrator) to increase or 
decrease the trip limits for vessels in the common pool to prevent 
over-harvesting or under-harvesting the common pool sub-ACL. The 
relatively small sub-ACLs allocated to the common pool in FY 2010, 
combined with the initial trip limits, could result in the entire sub-
ACL being harvested by very few fishing trips. Exceeding the common 
pool sub-ACL prior to April 30, 2011, would require drastic trip limit 
reductions and/or imposition of differential DAS counting for the 
remainder of FY 2010 to minimize the overage, and would trigger 
accountability measures (AMs) in FY 2011, including differential DAS 
counting, to prevent future overages.

[[Page 29679]]

    Initial Vessel Monitoring System (VMS) and dealer reports indicate 
that approximately 33.4 percent of the GOM winter flounder, 13.7 
percent of the GB haddock, 11.2 percent of the GB winter flounder, and 
34.4 percent of the GB yellowtail flounder common pool sub-ACLs has 
been harvested as of May 18, 2010. Very little GOM haddock has been 
harvested; however, the sub-ACL for this stock is small enough that it 
could be harvested by a few large trips, given that there is no current 
possession limit.
    Based on this information, the Regional Administrator is imposing 
the trip limit changes detailed in the following table, effective May 
27, 2010, through April 30, 2011.

------------------------------------------------------------------------
                    Stock                              Trip Limit
------------------------------------------------------------------------
GOM Haddock                                    1,000 lb (453.6 kg) per
                                                trip
----------------------------------------------==========================
----------------------------------------------==========================
----------------------------------------------==========================
----------------------------------------------==========================
------------------------------------------------------------------------

    Catch will be closely monitored through dealer-reported landings, 
VMS catch reports, and other available information. Further inseason 
adjustments to increase or decrease the trip limits, as well as 
differential DAS measures may be considered, based on updated catch 
data and projections. Conversely, if the common pool sub-ACL is 
projected to be under-harvested by the end of FY 2010, in-season 
adjustments to increase the trip limit will be considered.

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.  648.86(o) 
grant the Regional Administrator the authority to adjust the NE 
multispecies trip limits to prevent over-harvesting or under-harvesting 
the common pool sub-ACLs. This action will implement a more restrictive 
trip limit for GOM haddock, GB haddock, GOM winter flounder, GB winter 
flounder, and GB yellowtail flounder in order to ensure that the common 
pool sub-ACLs are not over-harvested, and the biological and economic 
objectives of the FMP are met.
    It is important to take this action immediately because, based on 
current data and projections, continuation of the status quo trip limit 
will result reaching each of the respective common pool sub-ACLs prior 
to the end of FY 2010. Attainment of any of the common pool sub-ACLs 
prior to April 30, 2011, would result in lower trip limits and/or 
differential DAS counting for the remainder of FY 2010 and would 
trigger end-of-the-year AMs for the common pool in FY 2011. These 
restrictions could result in the loss of yield of other valuable 
species caught by vessels in the common pool.
    The information that is the basis for this action includes ACLs 
updated after May 1, 2010, and recent catch data. The time necessary to 
provide for prior notice and comment, and delayed effectiveness for 
this action would prevent NMFS from implementing a reduced trip limit 
in a timely manner. A resulting delay in the curtailment of catch rate 
of these five stocks may result in less revenue for the fishing 
industry and be counter to the objective of optimum yield.
    The Regional Administrator's authority to decrease trip limits for 
the common pool to help ensure that the common pool sub-ACL for all NE 
multispecies are harvested, but not exceeded, was considered and open 
to public comment during the development of FW 44. 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: May 24, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-12785 Filed 5-24-10; 4:15 pm]
BILLING CODE 3510-22-S