`[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Rules and Regulations]
[Pages 29459-29465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12657]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 0910051338-0167-03]
RIN 0648-AY29


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Revisions to Framework Adjustment 44 to the 
Northeast Multispecies Fishery Management Plan and Sector Annual Catch 
Entitlements: Updated Annual Catch Limits for Sectors and the Common 
Pool for Fishing Year 2010

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

ACTION: Temporary rule; adjustment to specifications.

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SUMMARY: Based on finalized Northeast (NE) multispecies sector rosters 
submitted on April 30, 2010, NMFS announces adjustments to the NE 
multispecies fishing year (FY) 2010 specification of annual catch 
limits (ACLs) for common pool vessels (common pool sub-ACLs), ACLs for 
sector vessels (sector sub-ACLs), and sector Annual Catch Entitlements 
(ACEs) for each of the 20 groundfish stocks managed under the NE 
Multispecies Fishery Management Plan (FMP). This revision to catch 
levels is necessary because some vessel owners have chosen to drop out 
of sectors and fish in the common pool for FY 2010.

DATES: Effective May 21, 2010 through April 30, 2011.

FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Management 
Specialist, (978) 281-9233.

[[Page 29460]]


SUPPLEMENTARY INFORMATION: Pursuant to the Magnuson-Stevens Fishery 
Conservation and Management Act and Amendment 16 to the FMP (75 FR 
18262; April 9, 2010), Framework Adjustment 44 (FW 44) to the FMP, 
which was published in the Federal Register on April 9, 2010 (75 FR 
18356), specified catch levels for 20 NE groundfish stocks for FY 2010-
2012. Catch levels were specified for various components of the 
groundfish fishery, including sub-ACLs for the common pool and sectors. 
These sub-ACLs were set based on the catch history of the vessels 
enrolled in sectors, as of January 22, 2010. A final sector rule that 
also published on April 9, 2010, (75 FR 18113; sector rule), approved 
sector operation plans and allocated ACE to sectors for FY 2010. The 
sector rule included FY 2010 sector sub-ACL information also reflected 
in FW 44, where the sum of the ACEs for each sector equals the sector 
sub-ACL. To provide increased flexibility to the fishing industry, NMFS 
allowed vessels that were initially enrolled in sectors for FY 2010 to 
drop out and join the common pool through April 30, 2010. Because the 
sector ACEs, as well as the sector sub-ACLs (sum of ACEs for all 
sectors) and the common pool sub-ACL (groundfish sub-ACL minus sector 
sub-ACL), are based upon the specific membership of sectors, the change 
in membership between January 22, 2010, and May 1, 2010, requires that 
the sector ACEs, and sub-ACLs for the common pool and sectors, be 
revised. Based on the April 30, 2010, finalized sector rosters, this 
rule adjusts the FY 2010 sector ACEs and sub-ACLs for common pool and 
sectors.
    The preamble of the final rule implementing FW 44 informed the 
public that ``NMFS intends to publish a rule in early May 2010 to 
modify the common pool and sector sub-ACLs and notify the public, if 
these numbers change.'' Through this temporary final rule, NMFS is 
specifying revised ACEs for all approved sectors, and revised sub-ACLs 
for common pool and sector vessels based on the finalized sector 
rosters. The final number of vessels electing to fish in sectors for FY 
2010 is 762 (reduced by 50 vessels since the January 22, 2010 roster). 
All ACE and sub-ACL values for sectors assume that each sector MRI has 
a valid permit for FY 2010.
    Tables 1, 2, and 3 contain the amount of ACE for each sector and 
stock, as a percentage and absolute amount (in metric tons and pounds), 
based on the final rosters.
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    Table 4 compares the preliminary FY 2010 sub-ACLs for common pool 
and sector vessels from FW 44, with the

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current revised sub-ACLs based on the final sector rosters.

                     Table 4--Total ACLs, Sub-ACLs, and ACL-subcomponents for FY 2010 (mt) *
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                                                           Preliminary   Preliminary     Revised       Revised
                Stock                   Groundfish total   common pool  sector  sub-   common pool  sector  sub-
                                                             sub-ACL         ACL         sub-ACL         ACL
----------------------------------------------------------------------------------------------------------------
GB cod...............................              3,430           103         3,327           128         3,302
GOM cod..............................           ** 7,240           178         4,389           240         4,327
GB haddock...........................             40,440           202        40,238           254        40,186
GOM haddock..........................           ** 1,149            13           812            26           799
GB yellowtail flounder...............                964            21           943            23           941
SNE/MA yellowtail flounder...........                310            63           247            75           235
CC/GOM yellowtail flounder...........                779            31           748            50           729
American plaice......................              2,848            71         2,777           100         2,748
Witch flounder.......................                852            19           833            25           827
GB winter flounder...................              1,852            26         1,826            29         1,823
GOM winter flounder..................       [dagger] 158            20           138            25           133
SNE winter flounder..................                520           520             0           520             0
Redfish..............................     [dagger] 6,846            62         6,786            90         6,756
White hake...........................     [dagger] 2,556            44         2,522            51         2,505
Pollock..............................              2,748            47         2,701            62         2,686
N. window............................                110           110             0           110             0
S. window............................                154           154             0           154             0
Ocean pout...........................                239           239             0           239             0
Halibut..............................                 30            30             0            30             0
Wolffish.............................                 73            73             0            73             0
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* All sub-ACL values for sectors outlined in Table 4 assume that each sector MRI has a valid permit for FY 2010.
** This contains the recreational sub-ACL as specified in FW 44 (75 FR 18356; April 9, 2010).
[dagger] Changed from FW 44 Final Rule due to minor differences in calculations.

    The sub-ACLs for individual groundfish stocks have changed from 
between 0 mt and 62 mt. The sub-ACLs for stocks in sectors have 
decreased between 0.18% and 4.99%, with GOM cod having the largest 
actual decrease of 62 mt (1.4%) and SNE/MA yellowtail flounder having 
the greatest percentage decrease of 4.99% (12 mt). The sub-ACLs for 
stocks in the common pool have increased between 11% and 101%, with CC/
GOM yellowtail flounder and GOM haddock having the greatest increases 
of 60% and 101%, respectively. Other notable increases include: GOM cod 
increasing 35% (62 mt) and redfish increasing by 45% (28 mt).
    FW 44 specifies incidental catch TACs applicable to the NE 
multispecies Special Management Programs for FY 2010-2012, based on the 
ACLs, the FMP, and advice from the Council. Incidental catch TACs are 
specified for certain stocks of concern for common pool vessels fishing 
in the Special Management Programs, in order to limit the amount of 
catch of stocks of concern that can be caught under such programs. 
Since these incidental catch TACs are based on the sub-ACLs for the 
common pool, they have changed based on the revised sub-ACLs. The 
incidental catch TACs were based upon the council's September 2009 
Environmental Assessment and were not revised based on the January 2010 
roster, so they are decreasing when compared with those of the April 9 
final rule.

      Table 5--Incidental Catch TACs by Stock for FY 2010-2010 (mt)
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                                                 Final rule    Revised
                                    Percentage      2010         2010
              Stock                 of sub-ACL   incidental   incidental
                                                 catch TAC    catch TAC
------------------------------------------------------------------------
GB cod...........................            2          3.5         2.55
GOM cod..........................            1          3.4         2.40
GB yellowtail flounder...........            2          0.4         0.47
CC/GOM yellowtail flounder.......            1          0.5         0.50
SNE/MA yellowtail flounder.......            1          0.6         0.75
American plaice..................            5          9.2         5.00
Witch flounder...................            5          2.1         1.23
SNE/MA winter flounder...........            1          5.2         5.20
GB winter flounder...............            2          1.1         0.58
White hake.......................            2          2.4         1.02
Pollock..........................            2          2.4         1.24
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          Table 6-Incidental Catch TACs for Special Management Programs by Stock for FY 2010--2012 (mt)
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                                      Regular B DAS program    Closed area I hook gear     Eastern U.S./Canada
                                   --------------------------        haddock SAP               haddock SAP
               Stock                                         ---------------------------------------------------
                                     Final rule    Revised     Final rule    Revised     Final rule    Revised
                                        2010         2010         2010         2010         2010         2010
----------------------------------------------------------------------------------------------------------------
GB cod............................         1.75         1.28         1.75         1.28            0            0
GOM cod...........................          3.4         2.40  ...........  ...........  ...........  ...........
GB yellowtail flounder............          0.4         0.47  ...........  ...........            0            0
CC/GOM yellowtail flounder........          0.5         0.50  ...........  ...........  ...........  ...........
SNE/MA yellowtail flounder........          0.9         0.75  ...........  ...........  ...........  ...........
American plaice...................          9.2         5.00  ...........  ...........  ...........  ...........
Witch flounder....................          2.1         1.23  ...........  ...........  ...........  ...........
SNE/MA winter flounder............          1.1         5.20  ...........  ...........  ...........  ...........
GB winter flounder................          1.1         0.58  ...........  ...........            0            0
White hake........................          5.2         1.02  ...........  ...........  ...........  ...........
Pollock...........................          2.0         1.04          0.4          0.2            0            0
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Classification

    NMFS has determined that this action is consistent with the FMP, 
the Magnuson-Stevens Act and other applicable law.
    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(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 impractical and contrary to the public 
interest. If the sector ACEs and sub-ACLs are not adjusted immediately, 
the time period during which the fishery will be operating under 
incorrect catch specifications will be prolonged. Specifically, the 
common pool would be allocated insufficient fish, and vessels fishing 
in sectors would be allocated excessive fish.
    The implications of delaying the date on which the specifications 
are corrected depends upon the size of the ACE and sub-ACL, the size of 
the change in specification relative to the ACE and sub-ACL, and the 
rate of catch of the particular stock. If, for example, a sector were 
catching a particular stock at a high rate, and one for which they have 
a small ACE, and this rule makes a substantial change to the sector's 
ACE for that stock, a significant fraction of the ACE could be 
harvested between the start of the May 1, 2010 FY, and the date the ACE 
is adjusted downward. The catch associated with vessels fishing in 
sectors could be excessive, and the catch associated with vessels 
fishing in the common pool may be unnecessarily constrained. In the 
worst case scenario, excessive catch by sectors could lead to a sector 
catching more than its ACE for the FY. Constrained catch could cause 
negative economic impacts to the common pool.
    Further, a longer period of time between the start of the May 1, 
2010 FY and the time of ACL adjustment would increase the uncertainty 
in the fishery, and could cause disruption to the fishing industry when 
the sub-ACLs are adjusted, especially for stocks where the sub-ACLs are 
very low relative to historic catch levels. Vessel owners and crews, 
and businesses dependent upon the groundfish fishery, are already 
experiencing considerable uncertainty, given the implementation of 
multiple new management elements in the fishery (e.g., many sectors, 
restrictive ACLs, and additional fishing effort reductions) that became 
effective May 1, 2010. Additional sources of uncertainty, therefore, 
should be minimized where possible. Fishermen may make business 
decisions based on the ACLs in a given sector or the common pool; thus, 
it is important to implement adjusted ACEs and sub-ACLs as soon as 
possible. FW 44, which was open to public comment, notified the public 
that modification to sub-ACLs for the common pool and sectors would be 
likely based on the expectation that sector rosters would change (be 
reduced).

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

    Dated: May 19, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 2010-12657 Filed 5-21-10; 4:15 pm]
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