[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Proposed Rules]
[Pages 35435-35436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15059]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100513223-0254-01]
RIN 0648-AY88


Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-
season Adjustment

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

ACTION:  Proposed rule; request for comments.

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SUMMARY:  In May 2010, NMFS finalized 2010 specifications for the 
Atlantic deep-sea red crab fishery, including a target total allowable 
catch (TAC) and a fleet-wide days-at-sea (DAS) allocation. However, the 
implementing regulations for the Atlantic Deep-Sea Red Crab Fishery 
Management Plan (FMP) allow NMFS to make an in-season adjustment to the 
specifications, after consulting with the New England Fishery 
Management Council (Council). The intent of this rulemaking is to 
adjust the target TAC and corresponding fleet DAS allocation equivalent 
to the revised recommendation by Council's Scientific and Statistical 
Committee (SSC).

DATES:  Written comments must be received no later than 5 p.m. eastern 
standard time, on July 7, 2010.

ADDRESSES:  You may submit comments, identified by 0648-AY88, by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Regional Administrator.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope: ``Comments on 2010 Red Crab 
In-season Adjustment.''
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a 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). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Copies of the specifications document, including the Supplemental 
Environmental Assessment and Supplemental Regulatory Flexibility 
Analysis and other supporting documents for the in-season adjustment, 
are available from Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930.

FOR FURTHER INFORMATION CONTACT:  Moira Kelly, Fishery Policy Analyst, 
(978) 281-9218.

SUPPLEMENTARY INFORMATION:

Background

    For fishing year (FY) 2010, the Council was required to establish 
specifications for the red crab fishery consistent with the best 
available scientific information. In September 2009, the Council's SSC 
recommended a maximum sustainable yield (MSY) for red crab within the 
range 3.75 4.19 million lb (1,700-1,900 mt), which was consistent with 
the most recent stock assessment (conducted by the Northeast Fisheries 
Science Center's 2008 Data Poor Stocks Working Group), and recommended 
that the interim acceptable biological catch (ABC) be set commensurate 
with recent catch. At the time, the SSC determined recent catch to be 
the amount of red crab landed in FY 2007, which was 2.83 million lb 
(1,284 mt). The landings in FY 2007 were the lowest since the 
implementation of the FMP in 2002. During the Council's review of the 
SSC's recommendation at its September and November 2009 meetings, the 
Council requested the SSC reconsider its recommendations, and 
recommended that the FY 2010 specifications for red crab be set equal 
to those implemented under the 2009 red crab emergency action 
implemented by NMFS (74 FR 9770, March 6, 2009), i.e., a target TAC of 
3.56 million lb (1,615 mt) and 582 fleet DAS.

[[Page 35436]]

    In response to the request from the Council to reconsider its 
recommendation, the SSC met on March 16-17, 2010, and determined that 
the interim ABC for red crab should be revised. The SSC has determined 
that the model results from the December 2008 Data Poor Stocks Working 
Group are an underestimate of MSY, but could not determine by how much, 
and did not recommend an estimate of MSY. The SSC now recommends that 
the ABC for red crab be set equal to long-term (1974-2008) average 
landings (3.91 million lb; 1,775 mt). The SSC considers this level of 
landings to be sustainable and comfortably below the actual, but 
undetermined, MSY level.
    Because NMFS does not have the regulatory authority to establish a 
target TAC greater than that recommended by the Council in the May 14, 
2010 final rule implementing the FY 2010 red crab specifications (75 FR 
27219), that rule set the specifications equal to the Council's 
November 2009 recommendation for a target TAC of 3.56 million lb (1,615 
mt) and a corresponding allocation of 582 fleet DAS. However, the 
regulations for red crab do allow for an in-season adjustment of the 
specifications, as set forth in Sec.  648.260(a)(3), after consultation 
with the Council and an opportunity for additional public comment. The 
Council met on April 28, 2010, and has recommended adjusting the red 
crab specifications in accordance with the SSC's revised recommended 
catch level of 3.91 million lbs, or 1,775 mt. With the Council's new 
recommendation of a target TAC for red crab of 3.91 million lbs (1,775 
mt), NFMS now proposes an in-season adjustment.

Proposed Specifications

    NMFS is proposing to implement the SSC's revised recommended catch 
level as the adjusted target TAC for the FY 2010 red crab fishery. This 
would result in a target TAC of 3.91 million lb (1,775 mt). Using the 
most recent calculation of average landings-per-DAS charged (5,882 lb/
DAS (2,668 kg/DAS) charged from FY 2005-2009), the corresponding fleet 
DAS allocation would be 665 DAS.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has preliminarily determined that this 
proposed rule is consistent with the Atlantic Deep-Sea Red Crab FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA has been prepared, as required by section 603 of the 
Regulatory Flexibility Act (RFA). The IRFA consists of relevant 
portions of this preamble and the environmental assessment for this 
action. The IRFA describes the economic impact this proposed rule, if 
adopted, would have on small entities. A description of the action, why 
it is being considered, and the legal basis for this action are 
contained at the beginning of this preamble and in the SUMMARY. A 
summary of the analysis follows. A copy of this analysis is available 
from the Regional Administrator (see ADDRESSES).
    There are no large entities, as defined in section 601 of the RFA, 
that participate in this fishery; therefore, there are no 
disproportionate effects on small versus large entities. Information on 
costs in the fishery are not readily available, and individual vessel 
profitability cannot be determined directly; therefore, changes in 
gross revenues were used as a proxy for profitability. In the absence 
of quantitative data, qualitative analyses were conducted.
    The participants in the commercial sector are the owners of vessels 
issued limited access red crab vessel permits. There are five limited 
access red crab vessel permits, although only three vessels 
participated in the fishery in FY 2009.
    The IRFA in the Supplemental EA analyzed the revised recommendation 
for establishing a target TAC and fleet-wide DAS allocation for FY 
2010. The revised recommended specifications would set the target TAC 
equal to 3.91 million lb (1,775 mt), and the fleet DAS would be 665. 
The fleet DAS would be divided by the five current limited access 
permits, or less depending on the number of permits that declare out of 
the fishery. One of the limited access permits has been declared out of 
the fishery each year since 2004, including FY 2010. If the DAS are 
allocated equally to the four vessels that have been actively fishing 
this year, the DAS per vessel would be 166.
    Under the Council's revised recommended specifications, 
approximately $350,000 of additional potential revenue could be 
available to the red crab fleet compared to NMFS' originally 
implemented FY 2010 specifications. The target TAC in this proposed 
rule is is greater than the average of the past 4 years' landings, 2 of 
which were higher, and 2 lower. For the past 2 years, the fleet has 
landed less than the target TAC recommended by the Council. Whereas a 
reduced demand for red crab in recent years has been responsible for 
the shortfall in landings compared to the target TAC, red crab vessel 
owners have invested heavily in a new processing plant in New Bedford, 
MA, and have developed new marketing outlets with hopes to increase 
demand for their product. Accordingly, NMFS anticipates a greater 
likelihood that red crab landings will be closer to the target TAC in 
FY 2010.

    Dated: June 16, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.
    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be 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.  648.260, paragraph (a)(1) is revised to read as 
follows:


Sec.  648.260  Specifications.

    (a) * * *
    (1) Target total allowable catch. The target TAC for each fishing 
year will be 3.910 million lb (1,775 mt), unless modified pursuant to 
this paragraph.
* * * * *
    3. In Sec.  648.262, paragraph (b)(2) is revised to read as 
follows:


Sec.  648.262  Effort-control program for red crab limited access 
vessels.

* * * * *
    (b) * * *
    (2) For fishing year 2010 and thereafter. Each limited access 
permit holder shall be allocated 133 DAS unless one or more vessels 
declares out of the fishery consistent with Sec.  648.4(a)(13)(i)(B)(2) 
or the TAC is adjusted consistent with Sec.  648.260.
* * * * *
[FR Doc. 2010-15059 Filed 6-21-10; 8:45 am]
BILLING CODE 3510-22-S