[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Rules and Regulations]
[Pages 44924-44925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18785]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0910051338-0151-02]
RIN 0648-XX64


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trip Limit Reduction and Trawl Gear Restriction

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

ACTION:  Temporary rule; inseason adjustment of landing limits and gear 
requirements.

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SUMMARY:  This action decreases the landing limit for Gulf of Maine 
(GOM) cod and implements a restriction on the use of certain types of 
trawl gear in parts of the U.S./Canada Management Area to reduce the 
harvest of Georges Bank (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 stocks during FY 2010 (May 1, 2010, through April 30, 
2011). This action is being taken to ensure that common pool sub-ACLs 
for these stocks are not exceeded, thereby optimizing the harvest of NE 
regulated multispecies under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES:  Effective July 30, 2010 through April 30, 2011.

FOR FURTHER INFORMATION CONTACT:  Douglas Potts, Fishery Policy 
Analyst, (978) 281-9341, 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. A subsequent 
action published on May 26, 2010 (75 FR 29459), adjusted allocations 
based on final rosters of vessels participating in sectors for FY 2010. 
For FY 2010, the common pool has been allocated sub-ACLs of 240 mt 
(529,109 lb) for GOM cod and 23 mt (50,706 lb) 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. 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.
    GB yellowtail flounder is a transboundary stock whose Total 
Allowable Catch (TAC) is negotiated under the U.S./Canada Resource 
Sharing Understanding (Understanding). The regulations implementing the 
Understanding at Sec.  648.85(a) grant the RA additional authority to 
implement gear requirements in the U.S./Canada Management Area to 
prevent over- or under-harvest of the TAC. The regulations also require 
that, if any sector or the common pool exceeds its allocation of a TAC, 
that group is prohibited from fishing in the Eastern U.S./Canada Area, 
and any TAC overage at the end of the FY is deducted from the 
corresponding allocation in the following FY. Therefore, if the common 
pool exceeds the FY 2010 GB yellowtail flounder sub-ACL, vessels in the 
common pool will be prohibited from fishing in the Eastern U.S./Canada 
Area for the remainder of FY 2010, and the FY 2011 common pool sub-ACL 
would be reduced by the amount of any overage.
    A previous inseason action published in the Federal Register on May 
27, 2010 (75 FR 29678), reduced the common pool trip limits for five 
stocks: GOM haddock, GB haddock, GOM winter flounder, GB winter 
flounder, and GB yellowtail flounder.
    Initial Vessel Monitoring System (VMS) and dealer reports indicate 
that approximately 66.5 percent of the GOM cod and 70.9 percent of the 
GB yellowtail flounder common pool sub-ACLs have been harvested as of 
July 15, 2010. Based on the rate of catch for GOM cod to date, the 
Regional Administrator has determined that, unless a reduction in trip 
limit is implemented, the common pool fishery will exceed its sub-ACL 
for GOM cod by early August 2010, well before the end of the FY.
    Based on this information, the Regional Administrator is reducing 
the trip limit for GOM cod, effective July 30, 2010 through April 30, 
2011, from 800 lb (362.9 kg) per DAS, not to exceed 4,000 lb (1,814.3 
kg) per trip; to 200 lb (90.7 kg) per DAS, not to exceed 1,000 lb 
(453.6 kg) per trip. This action is intended to prevent common pool 
vessels from exceeding their sub-ACL and to allow these vessels to fish 
for other NE multispecies. Vessels with a Small Vessel category permit 
will be proportionally limited to not more than 75 lb (34.0 kg) of cod 
within their trip limit of 300 lb (136.1 kg) of cod, haddock, and 
yellowtail flounder, combined. The regulations at Sec. Sec.  
648.82(a)(6) and 648.88(a)(1) require that the cod trip limit for 
vessels with a limited access Handgear A or open access Handgear B 
permit change proportionally (rounded up to the nearest 25 lb (11.3 
kg)) with any change to the landing limit for DAS vessels. Therefore, 
trip limits are reduced from 300 lb (136.1 kg) per trip to 75 lb (34.0 
kg) per trip, for Handgear A vessels; and from 75 lb (34.0 kg) trip, to 
25 lb (11.3 kg) trip, for Handgear B vessels.

[[Page 44925]]

    At-sea observer reports indicate that catch rates of yellowtail 
flounder on GB are higher south of 41[deg] 40' N. lat than north of it. 
Requiring common pool trawl vessels that fish any part of a trip in the 
Western U.S./Canada Area south of 41[deg] 40' N. lat. to use either a 
haddock separator trawl or a Ruhle trawl will reduce the catch rate of 
yellowtail flounder, reduce discards, and is likely to result in the 
achievement of the TAC, without exceeding it. The Regional 
Administrator has determined that, because the GB yellowtail flounder 
trip limit has already been reduced, it is sufficient to implement only 
a change in gear requirements in order to ensure that the common pool 
vessels do not exceed the sub-ACL for yellowtail flounder. Based on 
this information, the Regional Administrator is prohibiting the use of 
trawl gear, except for the haddock separator trawl and the Ruhle trawl, 
as specified at Sec.  648.85(a)(3)(ix) and (b)(10)(iv)(J)(3), 
respectively, by any limited access NE multispecies common pool vessel 
that harvests, possesses, or lands fish from, or deploys its net during 
any part of a trip in, the Western U.S./Canada Area south of 41[deg] 
40' N. lat. under a NE multispecies DAS, to reduce catches and discards 
of GB yellowtail flounder, effective July 30, 2010 through April 30, 
2011, or until modified by a subsequent action. For any such vessels, 
other gear may be on board the vessel but must be stowed according to 
the regulations at Sec.  648.23(b) for the entire trip. For any limited 
access NE multispecies common pool vessel possessing, harvesting, or 
landing fish exclusively from the area north of 41[deg] 40' N. lat., 
all trawl gear, except the haddock separator trawl or Ruhle trawl, must 
be stowed while transiting the Western U.S./Canada Area south of this 
line.
    The FW 44 final rule (75 FR 18356, April 9, 2010) delayed the 
opening of the Eastern U.S./Canada Area for vessels using trawl gear 
until August 1, 2010. To prevent overharvest of yellowtail flounder 
from closing the Eastern U.S./Canada Area and preventing access to the 
transboundary stocks of GB cod and GB haddock, the Regional 
Administrator is prohibiting the use of a flounder net in the Eastern 
U.S./Canada Area by any limited access NE multispecies common pool 
vessel, effective August 1, 2010, through April 30, 2011. Common pool 
trawl vessels will be able to fish in the Eastern U.S./Canada Area only 
if they are using either a haddock separator trawl or a Ruhle trawl. 
Any other trawl gear must be stowed according to the regulations and 
not available for use.
    The regulations at Sec.  648.85(a)(3)(iv)(D) specify that, if the 
Regional Administrator requires use of a particular gear type in order 
to reduce catches of stocks of concern, the following gear performance 
incentives will apply: Possession of flounders (all species combined), 
monkfish, and skates is limited to 500 lb (226.8 kg) (whole weight) 
each (i.e., no more than 500 lb (226.8 kg) of all flounders, no more 
than 500 lb (226.8 kg) of monkfish, and no more than 500 lb (226.8 kg) 
of skates), and possession of lobsters is prohibited. Therefore, common 
pool vessels fishing any part of a trip in the Eastern U.S./Canada Area 
or in the Western U.S./Canada Area south of 41[deg] 40' N. lat. are 
restricted to these catch limits for the duration of that trip.
    If sufficient GB yellowtail flounder common pool sub-ACL remains 
available, the Regional Administrator may lift these gear restrictions 
before the end of FY 2010 to allow additional opportunity to achieve 
the FY 2010 common pool sub-ACLs for the transboundary stocks of GB 
yellowtail flounder, GB cod, and GB haddock.
    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.

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 notice, comment, and 
a delayed effectiveness would be impracticable and contrary to the 
public interest. The regulations at Sec. Sec.  648.86(o) and 
648.85(a)(3)(iv)(D) grant the Regional Administrator the authority to 
adjust NE multispecies trip limits and to implement gear restrictions 
in the U.S./Canada Management Area, respectively, to prevent over-
harvesting or under-harvesting the common pool sub-ACLs. This action 
will implement a more restrictive trip limit for GOM cod and restrict 
the use of trawl gear in a portion of the U.S./Canada Management Area 
in order to ensure that the common pool sub-ACLs for GOM cod and GB 
yellowtail flounder are not overharvested, 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 will 
result in reaching the respective common pool sub-ACLs prior to the end 
of FY 2010. Attainment of any of the common pool sub-ACLs prior to the 
end of the FY on April 30, 2011, would result in lower trip limits and/
or differential DAS counting for the remainder of FY 2010, and would 
result in end-of-the-year AMs to be put in place 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 updated catch information that is the basis for this action 
only recently became available. 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 stocks 
could 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 and 
to implement gear restrictions in the U.S./Canada Management Area 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 Amendment 16 and 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: July 26, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-18785 Filed 7-27-10; 8:45 am]
BILLING CODE 3510-22-S