[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74661-74662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30236]



[[Page 74661]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100427197-0207-01]
RIN 0648-AW86


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Emergency Rule Extension, Pollock Catch Limit 
Revisions

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

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

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SUMMARY: NMFS extends the pollock specifications implemented by a July 
20, 2010, emergency rule, which is scheduled to expire on January 11, 
2011. Specifically, this temporary rule maintains the new stock status 
determination criteria for pollock and associated increases in pollock 
catch limits under the Northeast (NE) Multispecies Fishery Management 
Plan (FMP), for an additional 186 days, in order to implement pollock 
catch limits through either the end of fishing year (FY) 2010 (i.e., 
through April 30, 2011) or until superseded by limits for FY 2011.

DATES: The effective date of the interim rule published July 20, 2010 
(75 FR 41996), is extended through July 17, 2011, unless superseded by 
another action. NMFS will accept comments through January 3, 2011.

ADDRESSES: You may submit comments, identified by 0648-AW86, 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 Pollock 
Emergency Rule Extension.''
     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.regulations.gov.

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 emergency rule published on 
July 20, 2010 (75 FR 41996), in order to extend the time period for 
which the revised pollock status determination criteria and catch 
limits are in effect through the end of FY 2010 (April 30, 2011). The 
July 2010 emergency final rule included detailed information on the 
background and reasons for the need to revise the pollock status 
determination criteria and catch limits. The public had an opportunity 
to comment on that rule, but no comments were submitted. NMFS will 
again accept public comment on both the appropriateness of the 
emergency action to date, and its extension.
    The emergency specifications extended through this final rule 
include the revised pollock stock status determination and catch limits 
for FY 2010, as follows: The revised biomass target parameter (SSB msy; 
91,000 mt); the maximum fishing mortality rate threshold (Fmsy; 0.25); 
Overfishing Levels (OFLs); Acceptable Biological Catches (ABCs); Annual 
Catch Limits (ACLs); ACL components; and incidental Total Allowable 
Catches (TACs) for special management programs. The ACL components 
included sub-ACLs for the common pool and sectors.
    The pollock status determination criteria and catch specifications 
implemented by the initial emergency action were consistent with the 
best scientific information available, but were not evaluated by the 
New England Fishery Management Council's (Council) Scientific and 
Statistical Committee (SSC). The SSC met on August 25-26, 2010, 
subsequent to the July 20, 2010, publication of the emergency rule, to 
discuss catch limits for FY 2011, including pollock. Although the SSC 
did not discuss the FY 2010 catch specifications for pollock, it 
accepted the revised assessment of pollock (SAW 50) as a basis for 
revising ABC recommendations, and affirmed use of the control rule for 
setting the pollock ABC (catch associated with 75 percent of Fmsy), the 
method utilized in setting the FY 2010 pollock catch specifications. 
The SSC characterized the risk associated with the utilization of the 
pollock ABC control rule in conjunction with the SAW 50 stock 
assessment as follows: ``Scenario analyses indicated that ABCs based on 
75 percent Fmsy have low risk of overfishing and low risk of leading to 
an overfished stock by 2015 if the domed survey selectivity estimated 
by the SAW 50 assessment is true. However, if selectivity is actually 
flat-topped, ABCs based on the SAW 50 assessment and 75 percent Fmsy 
have high risk of overfishing (risk > 50 percent) and a moderate risk 
of leading to an overfished stock by 2015 (risk between 25 percent and 
50 percent).''
    The pollock catch limits are contained in Tables 1 and 2 below. 
Consistent with the FMP, the incidental catch TAC is divided between 
the Regular B DAS Program (84 percent) and the Closed Area I Hook Gear 
Haddock Special Access Program (14 percent).

                Table 1--Pollock Catch Levels for FY 2010
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                                                             Pollock
                  Pollock catch limit                     specification
                                                              (mt)
------------------------------------------------------------------------
OFL of Catch..........................................            25,200
ABC...................................................            19,800
State Waters ACL subcomponent.........................             1,188
Other ACL subcomponent................................             1,188
Groundfish sub-ACL....................................            16,553
Sector sub-ACL........................................            16,178
Common Pool sub-ACL...................................               375
Incidental Catch TAC..................................               7.5
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                   Table 2--Pollock ACE by Sector (mt)
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                                                            Pollock ACE
                         Sector                                (mt)
------------------------------------------------------------------------
Fixed Gear..............................................           1,290
NCCS....................................................              73
NEFS 2..................................................           2,034
NEFS 3..................................................           1,218
NEFS 4..................................................             934
NEFS 5..................................................              68
NEFS 6..................................................             529

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NEFS 7..................................................             124
NEFS 8..................................................             106
NEFS 9..................................................             632
NEFS 10.................................................             239
NEFS 11.................................................           1,533
NEFS 12.................................................               9
NEFS 13.................................................             364
Port Clyde Community....................................             707
Sustainable Harvest.....................................           6,309
Tri-State...............................................               9
                                                         ---------------
    Total...............................................          16,178
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All ACE values for sectors assume that each sector member has a valid
  permit for FY 2010.
NCCS: Northeast Coastal Communities Sector; NEFS: Northeast Fishery
  Sectors.

    This action will extend the pollock catch limits through July 17, 
2011, or until FW 45 (which includes FY 2011 pollock specifications, 
and is currently being developed by the Council with an anticipated May 
1, 2011, effective date) or other action supersedes this.
    No comments were received on the initial emergency rule.

Classification

    NMFS has determined that the emergency specifications extended by 
this temporary final 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 not 
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 emergency rule analyzed the impacts 
of the emergency specifications for the duration of a year (Secretarial 
Emergency Action to Revise Fishing Year 2010 Catch Limits for Pollock; 
Environmental Assessment; May 28, 2010). Therefore, the impacts of this 
emergency action extension have been analyzed, and are within the scope 
of the Finding of No Significant Impact.

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

    Dated: November 24, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-30236 Filed 11-30-10; 8:45 am]
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