[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59154-59156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24188]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0910051338-0151-02]
RIN 0648-XZ07


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trip Limit Reductions and Gear Modifications for 
the Common Pool Fishery

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 limits for Gulf of Maine 
(GOM) cod to 100 lb (45.4 kg) per days-at-sea (DAS) up to 1000 lb 
(453.6 kg) per trip, Georges Bank (GB) yellowtail flounder to 100 lb 
(45.4 kg) per trip, and white hake to 100 lb (45.4 kg) per DAS up to 
500 lb (226.8 kg) per trip; expands the trawl gear restriction in the 
U.S./Canada Management Area to include the entire Western U.S./Canada 
Area; and authorizes the use of the rope separator trawl in the Western 
U.S./Canada Area for NE multispecies vessels fishing in the common pool 
for the remainder of

[[Page 59155]]

the 2010 fishing year (FY) (through April 30, 2011). This action is 
authorized under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), and by the 
regulations implementing Amendment 16 and Framework Adjustment 44 (FW 
44) to the NE Multispecies Fishery Management Plan (FMP). It is 
intended to optimize the harvest of NE regulated multispecies by 
decreasing 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 three stocks during FY 2010 (May 1, 2010, 
through April 30, 2011).

DATES: September 27, 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 
Sec.  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, which were modified by a 
subsequent rule (75 FR 29459, May 26, 2010). For FY 2010, the common 
pool sub-ACLs for these stocks are: 240 mt (529,109 lb) for GOM cod, 20 
mt (43,954 lb) for GB yellowtail flounder, and 51 mt (112,436 lb) for 
white hake.
    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 optimize the 
harvest of NE regulated species by preventing over-harvesting or under-
harvesting the common pool sub-ACL. The current relevant FY 2010 trip 
limits are: 200 lb (90.7 kg)/DAS up to 1,000 lb (453.6 kg)/trip for GOM 
cod; 1,000 lb (453.6 kg)/trip for GB yellowtail flounder; and 2,000 lb 
(907.2 kg)/DAS up to 10,000 lb (4,535.9 kg)/trip for white hake. 
Exceeding the common pool sub-ACL prior to April 30, 2011, would 
trigger accountability measures (AMs) in FY 2011--specifically, 
differential DAS counting, to prevent future overages.
    An 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. A subsequent action (75 FR 44924, 
July 30, 2010) reduced the trip limit for GOM cod and imposed a gear 
restriction in the U.S./Canada Management Area to reduce catch of GB 
yellowtail flounder. A third action (75 FR 48613, August 11, 2010) 
imposed a trip limit for witch flounder and removed the trip limit for 
pollock. A September 2, 2010, inseason action (75 FR 53872) imposed 2:1 
differential DAS counting in the Inshore GOM, Offshore GOM, Inshore GB, 
and Offshore GB Differential DAS Areas to reduce effort on GOM cod, 
white hake, and witch flounder.
    Initial vessel monitoring system (VMS) and dealer reports indicate 
that approximately 91.4 percent of the GOM cod, 90.2 percent of the GB 
yellowtail flounder, and 65.5 percent of the white hake common pool 
sub-ACLs had been harvested as of September 11, 2010. Although there 
are relatively few common pool vessels landing groundfish, such vessels 
have been leasing in additional DAS from other vessels, and a 
substantial portion of the FY remains. Even minimal future fishing 
activity will likely increase catch of the stocks of concern. Should 
the common pool sub-ACLs be exceeded prior to April 30, 2011, AMs would 
be automatically triggered for the common pool fishery in FY 2011.
    Based on this information, the Regional Administrator has 
determined that despite previous inseason actions, additional measures 
are needed to help ensure that the common pool sub-ACLs are not 
exceeded before the end of the FY. To that end the Regional 
Administrator is implementing the trip limit changes in the following 
table, effective September 27, 2010 through April 30, 2011, as well as 
restrictions on the use of trawl gear in the entire Western U.S./Canada 
Area as more fully described below.

------------------------------------------------------------------------
                    Stock                            NewTrip Limit
------------------------------------------------------------------------
GOM Cod                                        100 lb (45.4 kg) per DAS,
                                                up to 1000 lb (453.6 kg)
                                                per trip
------------------------------------------------------------------------
GB Yellowtail Flounder                         100 lb (45.4 kg) per trip
------------------------------------------------------------------------
White Hake                                     100 lb (45.4 kg) per DAS,
                                                up to 500 lb (226.8 kg)
                                                per trip
------------------------------------------------------------------------

    On July 30, 2010, NMFS implemented a prohibition on the use of 
trawl gear, except for the haddock separator trawl and the Ruhle trawl, 
as specified at Sec. Sec.  648.85(a)(3)(iii) and (b)(6)(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. when fishing under a NE multispecies DAS, to reduce catches 
and discards of GB yellowtail flounder. This allowed a vessel to 
continue to fish for other stocks north of 41[deg] 40' N. lat., where 
NMFS at-sea observer data indicate catch rates of yellowtail flounder 
are lower. However, due to the small amount of GB yellowtail flounder 
remaining for the common pool fishery (approximately 2 mt (4,409 lb)) 
any catch of GB yellowtail flounder in this area could exceed the 
remaining sub-ACL. Given this concern, expanding the gear restriction 
to the entire Western U.S./Canada Area is warranted, and is implemented 
through this action.
    The current Western U.S./Canada Area trawl gear restriction 
inadvertently omitted rope separator trawl gear as an acceptable type 
of gear that could be allowed to slow the catch and discard rates of GB 
yellowtail flounder. This omission, which was inconsistent with gear 
allowed in the adjacent Western GB Multispecies Restricted Gear Area 
(RGA) as specified at Sec.  648.81(n) is corrected through this action 
to ensure flexibility in gears allowed, and to be consistent with gear 
restrictions in the RGA. This action now allows common pool vessels to 
use the rope separator trawl, as defined at Sec.  648.81(n)(3)(i)(A), 
when fishing in the Western U.S./Canada Area. A vessel that fishes in 
the Eastern U.S./Canada Area is still restricted from using a flounder 
trawl and may only use either a haddock separator trawl or a Ruhle 
trawl, as the rope separator trawl is not an authorized gear type in 
the Eastern U.S./Canada Area.
    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

[[Page 59156]]

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 any part of the U.S./Canada Management Area (Eastern 
or Western Areas) are restricted to these catch limits for the duration 
of that trip, and, of the 500 lb (226.8 kg) of flounders, no more than 
100 lb ( 45.4 kg) may be GB yellowtail flounder.
    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, or to adjust 
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 for the remainder of FY2010 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 notice, comment, and 
a delayed effectiveness would be impracticable and contrary to the 
public interest. The regulations under Sec. Sec.  648.86(o) and 
648.85(a)(3)(iv)(D) grant the RA the authority to adjust NE 
multispecies trip limits and implement gear restrictions in the U.S./
Canada Management Area to prevent over-harvesting or under-harvesting 
the common pool sub-ACLs. This action will implement more restrictive 
trip limits for GOM cod, GB yellowtail flounder, and white hake in 
order to ensure that the common pool sub-ACLs are not overharvested, 
and that 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 limits will 
result in reaching the respective common pool sub-ACLs prior to the end 
of the FY. Inseason adjustments in FY 2010 have already reduced the 
landing limits for GOM cod (July 30, 2010) and GB yellowtail flounder 
(May 27, 2010), implemented a gear restriction in most of the Western 
U.S./Canada Area (July 30, 2010), and implemented differential DAS 
counting in the GOM and GB to minimize the chance of exceeding the sub-
ACL for GOM cod and white hake, as well as other stocks (September 2, 
2010). Attainment of any of the common pool sub-ACLs prior to the end 
of the FY on April 30, 2011, would result in AMs being 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 information that is the basis for this action includes recent 
catch data that 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 
and additional gear restrictions in a timely manner. A resulting delay 
in the curtailment of the catch rate of these three stocks could result 
in less revenue for the fishing industry and be counter to the 
objective of achieving optimum yield from the fishery.

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

    Dated: September 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-24188 Filed 9-22-10; 4:15 pm]
BILLING CODE 3510-22-S