Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 53939 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100818375–0379–02] 

RIN 0648–XX84 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Proposed Rule To Implement 

Addenda to 17 Fishing Year (FY) 2010 

Sector Operations Plans and Contracts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This action proposes to add 

certain exemptions from Federal fishing 

regulations to some or all Northeast (NE) 

multispecies sector operations plans 

that were previously approved by the 

final sector rule published April 9, 

2010. That rule approved FY 2010 

sector operations plans and contracts 

and allocations of Annual Catch 

Entitlements (ACE) for 17 sectors in the 

NE multispecies fishery. In addition to 

several universal exemptions approved 

in the final rule for Amendment 16 the 

NE Multispecies Fisheries Management 

Plan (FMP), the final sector rule also 

approved several additional exemptions 

from NE multispecies regulations for 

those sectors that requested them 

through their respective sector 

operations plans. The sectors requested 

several exemptions in the FY 2010 

operations plans that NMFS 

subsequently disapproved for various 

reasons, including that they were not 

allowed as exemptions under 

Amendment 16, or that they were being 

addressed in the Amendment 16 

proposed rule. Among these was a 

request to participate in the Gulf of 

Maine (GOM) Haddock Sink Gillnet 

Pilot Program, a program proposed in 

Amendment 16 that would have 

allowed the seasonal use of 6-inch 

(15.24-cm) mesh gillnets in the GOM 

Regulated Mesh Area (RMA) to target 

haddock. The GOM Sink Gillnet Pilot 

Program was subsequently disapproved 

by NMFS in Amendment 16. NMFS has 

undertaken this action to consider an 

exemption functionally equivalent to 

the GOM Haddock Sink Gillnet Pilot 

Program for all FY 2010 sectors. NMFS 

is also considering granting an 

exemption that would allow the 

discarding of unmarketable fish at sea. 

DATES: Written comments must be 

received on or before September 17, 

2010. 

ADDRESSES: You may submit comments, 

identified by 0648–XX84, 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: Melissa 

Vasquez. 

• 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. Mark the outside of the 

envelope: ‘‘Comments on 2010 Sector 

Exemption Rule.’’ 

Instructions: All comments received 

are part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

No comments will be posted for public 

viewing until after the comment period 

has closed. 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 requests for addenda to the 

FY 2010 sector operations plans and 

contracts, and the supplemental 

environmental assessment (EA), are 

available from the NMFS NE Regional 

Office at the mailing address specified 

above. An Initial Regulatory Flexibility 

Analysis (IRFA) was prepared for this 

proposed rule and is comprised of the 

EA, the preamble, and the Classification 

sections of the proposed rule. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Vasquez, Fishery Policy 

Analyst, phone (978) 281–9166, fax 

(978) 281–9135. 

SUPPLEMENTARY INFORMATION: This 

action proposes to implement addenda 

to FY 2010 NE multispecies sector 

operations plans and contracts that 

would add certain exemptions from 

Federal fishing regulations for FY 2010 

sectors. The Administrator, NE Region, 

NMFS (Regional Administrator), has 

made a preliminary determination that 

the addenda to the 17 approved FY 2010 

sector operations plans and contracts 

are consistent with the goals of the FMP 

as described in Amendment 16, and 

other applicable laws, and are in 

compliance with the regulations that 

govern NE multispecies sector 

allocation management as specified in 

50 CFR 648.87. 

Background 

A final rule published April 9, 2010 

(75 FR 18113), approved FY 2010 sector 

operations plans and contracts and 

allocations of ACE for 17 NE 

multispecies sectors. The Amendment 

16 regulations governing the 

development of sector operations plans 

and contracts allow for a sector to 

request exemptions from Federal fishing 

regulations through the sector 

operations plan and contract submitted 

to NMFS for approval on an annual or 

bi-annual basis (§ 648.87(b)(2)(xv)). 

Pursuant to § 648.87(c)(2), the Regional 

Administrator may exempt vessels 

participating in a sector from certain 

Federal fishing regulations, in addition 

to the Amendment 16 universal 

exemptions already approved for all 

sectors. Regulations prohibit sectors 

from requesting exemptions that involve 

NE multispecies year-round closure 

areas, permitting restrictions (e.g., vessel 

upgrades, etc.), gear restrictions 

designed to minimize habitat impacts 

(e.g., roller gear restrictions, etc.), and 

reporting requirements (not including 

days-at-sea (DAS) reporting 

requirements or Special Access Program 

(SAP)-specific reporting requirements). 

For FY 2010, the final rule 

implementing FY 2010 sectors approved 

several new exemptions from NE 

multispecies regulations for those 

sectors that requested them through 

their sector operations plans. 

Specifically, certain sectors received 

exemptions from the following 

measures: (1) 120-day blockout of the 

fishery required for Day gillnet vessels; 

(2) 20-day spawning blockout of the 

fishery required for all vessels; (3) 

limitation on the number of gillnets 

imposed on Day gillnet vessels; (4) 

prohibition on a vessel hauling another 

vessel’s gillnet gear; (5) limitation on the 

number of gillnets that may be hauled 

on Georges Bank (GB) when fishing 

under a groundfish/monkfish DAS; (6) 

limits on the number of hooks that may 

be fished; and (7) DAS Leasing Program 

length and horsepower restrictions. 

The sectors also requested several 

exemptions in the FY 2010 operations 

plans that NMFS subsequently 

disapproved, because they are 

prohibited from being requested or 

because similar exemption requests 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
53940 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 

were being addressed in the 

Amendment 16 proposed rule. Among 

these was a request by the Sustainable 

Harvest Sector to participate in the 

GOM Haddock Sink Gillnet Pilot 

Program, a program proposed in 

Amendment 16 that would have 

allowed the seasonal use of 6-inch 

(15.24-cm) mesh gillnets in the GOM 

RMA (as opposed to the current 6.5-inch 

(16.51-cm) mesh requirement) for the 

purposes of targeting GOM haddock. 

Upon initial review of the FY 2010 

sector operations plans and contracts, 

NMFS requested that sectors remove 

exemption requests that repeated 

measures already proposed under 

Amendment 16, including the GOM 

Haddock Sink Gillnet Pilot Program. 

The Pilot Program was subsequently 

disapproved by NMFS in Amendment 

16 because of concern that it could 

increase catch of overfished stocks, such 

as cod, and therefore undermine the 

rebuilding programs for these stocks. 

In comments on the proposed FY 

2010 sector rule, the Sustainable 

Harvest Sector, the New England 

Fishery Management Council (Council), 

and 14 other commenters asked what 

actions NMFS was considering for 

exemption requests such as the pilot 

program that were removed from sector 

operations plans to reduce duplication 

with Amendment 16, but which were 

subsequently disapproved. NMFS 

responded in a March 23, 2010, letter to 

the Council that it would work with 

sector managers regarding 

reconsideration of the pilot program for 

sectors in a separate rulemaking. At that 

time, NMFS noted it would also 

consider granting approved sector 

exemption requests to all FY 2010 

sectors, if appropriate, through 

additional rulemaking. As a result, in 

April 2010, NMFS solicited requests 

from the approved FY 2010 sectors to 

determine if they would be interested in 

an exemption that would be 

functionally equivalent to the GOM 

Haddock Sink Gillnet Pilot Program, as 

well as any additional exemptions 

approved in the final sector rule which 

their sector had not previously 

requested. In response, all 17 sectors 

submitted requests for addenda to their 

operations plans and contracts to 

incorporate additional exemptions. 

Therefore, 17 addenda to the approved 

FY 2010 sector operations plans and 

contracts, and the additional 

exemptions requested therein, are being 

proposed for implementation in this 

proposed rule. 

Among the exemptions being 

proposed is a partial exemption from 

the requirement to retain and land all 

legal-sized fish of the 14 stocks 

allocated to sectors. Recently, NMFS has 

received correspondence from members 

of industry and sector managers 

expressing concerns with the 

prohibition on discarding legal-sized 

fish of allocated stocks by sector vessels, 

specifically legal-sized unmarketable 

fish. Regulations at § 648.87 (b)(1)(v)(A) 

specifically prohibit sector vessels from 

discarding legal-sized regulated species 

allocated to sectors. This requirement 

applies to all fish or pieces of fish above 

the minimum size, including fish that 

may be considered unmarketable, as 

well as carcasses. Sector members and 

managers have stated that the need to 

separate the unmarketable fish from the 

food-grade product within limited deck 

and storage space has created 

operational difficulties and potential 

safety hazards at sea. Although this 

problem was raised to the Council 

during the development of Amendment 

16, no exceptions to this requirement 

were considered or recommended. 

To address this concern, this action 

proposes a partial exemption in each 

sector operations plan from the 

prohibition on discarding of legal-sized 

unmarketable fish of allocated stocks, 

provided that the legal-sized 

unmarketable fish are accounted for in 

the discard rate, as determined through 

observer coverage, similar to how other 

allowable discards are accounted for. 

For the purposes of this exemption, 

unmarketable fish is defined as any 

legal-sized fish the vessel owner/captain 

elects not to retain, because of condition 

or marketability problems. 

Proposed Exemptions 

The final rule approving FY 2010 

sector operations plans and contracts 

granted additional exemptions only to 

the sectors that originally requested 

those exemptions. NMFS is proposing 

expanding these previously approved 

sector-specific exemptions to those 

additional sectors that have requested 

them through addenda to their FY 2010 

sector operations plans and contracts. 

Of the 17 sectors that requested 

additional exemptions, 13 sectors 

requested all of the approved FY 2010 

sector exemptions which they had not 

previously requested, 2 sectors 

requested 3 additional exemptions, 1 

sector requested 2 additional 

exemptions, and 1 sector requested only 

one additional exemption (Table 1). One 

sector also requested 4 new exemptions 

that had not been previously approved 

for FY 2010 sectors. Those new 

exemptions are not being proposed in 

this action, because it was determined 

that adding these exemptions to the list 

of alternatives could result in 

implementation delays that would 

reduce the efficacy of this action for FY 

2010 sectors. However, sectors will be 

able to propose these and other new 

exemptions in their operations plans for 

FY 2011. 


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Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 53941 

The following are the previously 

approved exemptions expanded to 

additional sectors, as well as new 

exemptions proposed in this rule: 

1. GOM Haddock Sink Gillnet 

Exemption (Newly Proposed for Sectors) 

This exemption is functionally 

equivalent to a pilot program that was 

proposed by the Council in Amendment 

16 to allow vessels to potentially catch 

more haddock seasonally in the GOM. 

The regulations currently require a 

minimum mesh size of 6.5-in (16.51-cm) 

for gillnets in the GOM RMA 

(§ 648.80(a)(3)(iv)). Minimum mesh size 

requirements have been used, along 

with other management measures, to 

reduce overall mortality on groundfish 

stocks, as well as to reduce discarding 

and improve survival of sub-legal 

groundfish. This exemption would 

allow FY 2010 sector vessels to use 6- 

inch (15.24-cm) mesh stand-up gillnets 

in the GOM RMA from January 1, 2011 

to April 30, 2011, when fishing for 

haddock. The designation of this season 

is consistent with the original pilot 

program proposal and is the time period 

when haddock are most available in the 

GOM. Sector vessels utilizing this 

exemption would be prohibited from 

using tie-down gillnets during this 

period. The GOM Haddock Sink Gillnet 

Program, as proposed by the Council, 

included the provision that Day gillnet 

vessels would not be able to fish with, 

possess, haul, or deploy more than 30 

nets per trip. Consistent with the 

original scope of the pilot program, 

NMFS is proposing that Day gillnet 

vessels utilizing this exemption also be 

limited to 30 nets per trip during this 

period. However, to maximize the 

flexibility for sector vessels fishing 

under this exemption, as well as the 

general utility of this exemption, NMFS 

is requesting public comment on a net 

limit between 30 and 150 stand-up nets 

for Day gillnet vessels utilizing the GOM 

Sink Gillnet Exemption. NMFS has 

analyzed the impacts of Day gillnet 

vessels using up to 150 nets, the most 

expansive number, in the supplemental 

EA prepared for this action. Day gillnet 

vessels participating in sectors granted 

the exemption from Day gillnet net 

limits, are exempt from the general net 

limit in the GOM RMA, and would be 

able to fish up to 150 nets in the GOM 

RMA when not participating in this 

program. The Letter of Authorization 

(LOA) issued to the sector vessels that 

qualify for this exemption will specify 

the net restrictions to help ensure the 

provision is enforceable. There would 

be no limit on the number of nets that 

participating Trip gillnet vessels would 

be able to fish with, possess, haul, or 

deploy, during this period, because Trip 

gillnet vessels are required to remove all 

gillnet gear from the water before 

returning to port at the end of a fishing 

trip. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1EP02SE10.007</GPH>
53942 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 

This exemption would provide sector 

vessels the opportunity to potentially 

catch more haddock in the GOM, a fully 

rebuilt stock. Recent gillnet selectivity 

studies, explained in the Amendment 

16 Final Environmental Impact 

Statement (FEIS), indicate that 6.5-inch 

(16.51 cm) sink gillnets retain few 

haddock and that 6-inch (15.24 cm) 

mesh gillnets might improve the ability 

for gillnets to better target haddock. 

However, the Amendment 16 FEIS also 

noted that gillnets are effective at 

catching cod and pollock and that, if the 

catch rates of these species were to be 

maintained or increased under the pilot 

program, mortality on these stocks 

could increase. NMFS disapproved the 

GOM Haddock Sink Gillnet Pilot 

Program in the final rule implementing 

Amendment 16 because of its potential 

to increase catch and fishing mortality 

of GOM cod and pollock, two stocks 

that, at the time, both required 

reductions in mortality under 

established rebuilding programs, 

without substantially increasing the 

catch of haddock. Recently, new 

scientific information has indicated that 

pollock is not overfished, overfishing is 

not occurring, and the stock is rebuilt. 

NMFS believes that impacts to allocated 

target stocks, like GOM cod, resulting 

from this exemption would be expected 

to be negligible, because fishing 

mortality by sector vessels is restricted 

by an ACE for allocated stocks, which 

caps overall mortality. This exemption 

may increase revenues for sectors 

fishing with gillnet gear, by allowing a 

greater catch of haddock to be retained, 

thus increasing efficiency and revenue 

in the fishery. 

A comment by the Conservation Law 

Foundation on the Amendment 16 

proposed rule expressed concern that 

the original GOM Haddock Sink Gillnet 

Pilot Program could impact Atlantic 

wolffish, which migrate through the 

proposed program area. The 2008 report 

of the Northeast Data Poor Stocks 

Working Group Meeting noted only a 

weak indication of seasonal migration 

by wolffish in the GOM as they move 

from shallow to deep water in autumn 

and then deep to shallow water in 

spring. It may be that smaller mesh 

gillnets would increase or decrease 

catch of wolffish during January through 

April; however, there is little 

information at this time that would 

support either conclusion. Furthermore, 

bycatch of wolffish and other nonallocated stocks when fishing under this 

exemption would be tied to effort on 

allocated stocks, which would be 

limited overall by the sector’s ACE. 

NMFS will monitor the level of bycatch 

of groundfish to determine whether it is 

a problem under this exemption. 

It is possible that a higher net limit for 

Day gillnet vessels participating in this 

program could result in an increase in 

the number of gillnets in the water at 

one time and therefore potentially 

increase interactions with protected 

species. However, if additional nets 

result in greater efficiency, then it is 

also possible that an increase in nets 

could decrease the overall number of 

soak hours throughout the year, thus 

potentially reducing interactions with 

protected species. Sector vessels 

utilizing this exemption would still be 

required to comply with all 

requirements of the Harbor Porpoise 

Take Reduction Plan and Atlantic Large 

Whale Take Reduction Plan. The GOM 

Haddock Sink Gillnet exemption has 

been requested by Northeast Fishery 

Sectors II and III, V–VIII, and X–XII, the 

Sustainable Harvest Sector, the Port 

Clyde Community Groundfish Sector, 

the GB Cod Fixed Gear Sector and the 

Tri-State Sector. 

2. Discarding Exemption 

The regulations prohibit sector vessels 

from discarding any of the 14 legal-sized 

regulated species allocated to sectors 

(§ 648.87(b)(1)(v)(A)). Amendment 16 

implemented this provision to ensure 

that the sector’s ACE is accurately 

monitored. Members of industry have 

requested a partial exemption from this 

requirement with respect to 

unmarketable fish, because of concerns 

that retaining and landing large amounts 

of unmarketable fish and carcasses is 

creating operational difficulties and 

unsafe working conditions for sector 

vessels at sea. Available data from the 

Northeast Fishery Observer Program 

(NEFOP) for sector trips monitored 

during the first three months of FY 2010 

indicate that sector vessels may land as 

much as 1,000 lb (453.59 kg) of damaged 

fish and carcasses on a given trip. To 

comply with this requirement, sector 

vessels have had to store this 

unmarketable fish on the vessel, in some 

cases in totes on deck, creating unsafe 

work conditions. Anecdotal information 

suggests that fish dealers typically 

dispose of unmarketable fish for sector 

vessels as a courtesy. However, there is 

currently little data available to indicate 

the scope of this occurrence among 

dealers, and any other methods of 

disposal used by sector vessels. 

The Regional Administrator is 

proposing a partial exemption from the 

requirement to retain all legal-sized fish 

for FY 2010 sectors that would allow 

sector vessels to discard these fish 

under the condition that legal-sized 

unmarketable allocated fish are 

accounted for in the overall sectorspecific discard rates in the same way 

discards of undersized fish are currently 

accounted for, through observer or atsea monitoring coverage. This 

exemption would enhance operational 

flexibility and safer working conditions 

to sector vessels. In addition, this 

exemption would relieve the burden on 

sector vessels and their dealers from 

having to dispose of the unmarketable 

fish upon landing. The determination of 

what fish should be discarded under 

this exemption would be at the 

discretion of the vessel operator. There 

would be an incentive for vessel 

operators to retain and market as much 

of their catch of allocated stocks as 

possible to maximize the value of the 

sector’s ACE, because discarded fish 

would still count against the sector’s 

ACE without any financial benefit. 

Thus, it is unlikely that this exemption 

would lead to more discards, but would 

provide that flexibility to sector vessels. 

This exemption would be expected to 

result in negligible impacts to allocated 

species and non-allocated species and 

bycatch, because discarded fish are 

already deceased. Impacts to protected 

resources and the physical environment 

would also be expected to be negligible, 

because overall effort by sectors is 

limited by an ACE. Implementation of 

this exemption for all sectors may 

increase safety at sea, and may increase 

the expected profit margins of fishermen 

by eliminating any costs associated with 

disposal of the unmarketable fish, 

thereby resulting in a low positive 

impact on sector participants and ports. 

This exemption is proposed for 16 

sectors: Sustainable Harvest Sector, the 

Tri-State Sector, the GB Cod Fixed Gear 

Sector, the Port Clyde Community 

Groundfish Sector, the Northeast 

Coastal Communities Sector, and 

Northeast Fishery Sectors II and III, and 

V–XIII. 

3. 120-Day Block Requirement Out of 

the Fishery for Day Gillnet Vessels 

The 120-day block requirement out of 

the fishery for Day gillnet vessels was 

implemented in 1997 under Framework 

20 (62 FR 15381, April 1, 1997) to help 

ensure that management measures for 

Day gillnet vessels were comparable to 

effort controls placed on other fishing 

gear types, given that gillnets continue 

to fish as long as they are in the water. 

Regulations at § 648.82(j)(1)(ii) require 

that each NE multispecies gillnet vessel 

declared into the Day gillnet category 

declare and take 120 days out of the 

non-exempt gillnet fishery. Each period 

of time taken must be a minimum of 7 

consecutive days, and at least 21 of the 

120 days must be taken between June 1 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 53943 

and September 30. An exemption to this 

requirement was previously approved 

for the following six sectors in the final 

rule approving FY 2010 sector 

operations plans and contracts: 

Northeast Fishery Sectors (NEFS) III and 

XI, the GB Bank Cod Fixed Gear Sector, 

the Sustainable Harvest Sector, the TriState Sector, and the Port Clyde 

Community Groundfish Sector. This 

action proposes that eight additional 

sectors would be exempted from this 

Day gillnet requirement through an 

operations plan addendum: Northeast 

Fishery Sectors II, V–VIII, X and XII, 

and the Tri-State Sector. This exemption 

was previously approved for the FY 

2010 sectors that originally requested 

this based upon the rationale that this 

measure was designed to control fishing 

effort and, therefore, is no longer 

necessary for sectors because sectors are 

restricted to an ACE for each groundfish 

stock, which limits overall fishing 

mortality. Under this proposed rule, this 

exemption for all sectors would increase 

the operational flexibility of sector 

vessels and would be expected to 

increase profit margins of sector 

fishermen. For additional information 

on this exemption, please refer to the 

proposed and final sector rule (74 FR 

68015 and 75 FR 18113), respectively. 

4. 20-Day Spawning Block 

Regulations at § 648.82(g) require 

vessels to declare out and be out of the 

NE multispecies DAS program for a 20- 

day period each calendar year between 

March 1 and May 31, when spawning is 

most prevalent in the GOM. This 

regulation was developed to reduce 

fishing effort on spawning groundfish 

stocks and was previously approved for 

FY 2010 sectors based upon the 

rationale that the sector’s ACE will 

restrict fishing mortality, making this 

measure no longer necessary as an effort 

control. Exemption from this 

requirement would provide vessel 

owners with greater flexibility to plan 

operations according to fishing and 

market conditions. For additional 

information on this exemption, please 

refer to the proposed and final sector 

rule (74 FR 68015 and 75 FR 18113), 

respectively. This exemption was 

previously approved for the Sustainable 

Harvest Sector, the Tri-State Sector, and 

the Northeast Coastal Communities 

Sector. An additional 13 sectors would 

receive this exemption through this 

action: Northeast Fishery Sectors II and 

III, and V–XIII, the GB Cod Fixed Gear 

Sector, and the Port Clyde Community 

Groundfish Sector. 

5. Limitation on the Number of Gillnets 

for Day Gillnet Vessels 

Current gear restrictions in the 

groundfish RMAs restrict Day gillnet 

vessels from fishing more than: 100 

gillnets (of which no more than 50 can 

be groundfish gillnets) in the GOM RMA 

(§ 648.80(a)(3)(iv)); 50 gillnets in the GB 

RMA (§ 648.80(a)(4)(iv)); and 75 gillnets 

in the Mid-Atlantic (MA) RMA 

(§ 648.80(b)(2)(iv)). This exemption, as 

previously approved for the Sustainable 

Harvest Sector in the final sector rule for 

FY 2010, allows sector vessels to fish up 

to 150 nets (any combination of flatfish 

or groundfish nets) in each of the RMAs, 

and would provide greater operational 

flexibility to sector vessels in deploying 

gillnet gear. This exemption was 

previously approved because it is 

designed to control fishing effort and is 

no longer necessary for sector vessels, 

since each sector is restricted by an ACE 

for each stock, which caps overall 

fishing mortality. For additional 

information on this exemption, please 

refer to the proposed and final sector 

rule (74 FR 68015 and 75 FR 18113), 

respectively. Since publication of the 

final sector rule for FY 2010, this 

exemption has been requested by 12 

additional sectors: The Port Clyde 

Community Groundfish Sector, the TriState Sector, the GB Cod Fixed Gear 

Sector, the Northeast Fishery Sectors II 

and III, V–VIII, and X–XII. 

6. Prohibition on a Vessel Hauling 

Another Vessel’s Gillnet Gear 

Northeast Fishery Sectors III and XI 

received an exemption for FY 2010 from 

current regulations that prohibit one 

vessel from hauling another vessel’s 

gillnet gear (§§ 648.14(k)(6)(ii)(A) and 

648.84) in order to share fixed gear 

among sector vessels. This exemption 

was originally approved to allow sector 

vessels to reduce costs by pooling 

gillnet gear, and because it was 

determined that the regulations 

pertaining to hauling and setting 

responsibilities are no longer necessary 

when sectors are confined to an ACE for 

each stock. Consistent with the 

exemption as originally approved, the 

sectors requesting this exemption have 

proposed that all vessels utilizing 

community fixed gear be jointly liable 

for any violations associated with that 

gear. For additional information on this 

exemption, please refer to the proposed 

and final sector rule (74 FR 68015 and 

75 FR 18113), respectively. This 

exemption is proposed for an 11 

additional sectors: The Northeast 

Fishery Sectors II, V–VIII, X and XII, the 

Sustainable Harvest Sector, the Port 

Clyde Community Groundfish Sector, 

the GB Cod Fixed Gear Sector and the 

Tri-State Sector. 

7. Limitation on the Number of Gillnets 

That May Be Hauled on GB When 

Fishing Under a Groundfish/Monkfish 

DAS 

The GB Cod Fixed Gear Sector 

received an exemption for FY 2010 from 

the limit on the number of gillnets that 

may be hauled on GB when fishing 

under a groundfish/monkfish DAS. 

Current regulations at § 648.80(a)(4)(iv) 

prohibit Day gillnet vessels fishing on a 

groundfish DAS from possessing, 

deploying, fishing, or hauling more than 

50 nets on GB. This exemption was 

previously approved, because it would 

allow nets deployed under existing net 

limits of the Monkfish FMP to be hauled 

more efficiently by vessels dually 

permitted under both FMPs. For 

additional information on this 

exemption, please refer to the proposed 

and final sector rule (74 FR 68015 and 

75 FR 18113), respectively. This 

exemption is proposed for an additional 

12 sectors for FY 2010: Northeast 

Fishery Sectors II and III, V–VIII, and 

X–XII, the Sustainable Harvest Sector, 

the Port Clyde Community Groundfish 

Sector, and the Tri-State Sector. 

8. Limitation on the Number of Hooks 

That May Be Fished 

The GB Cod Fixed Gear Sector was 

granted an exemption for FY 2010 from 

the number of hooks that a vessel may 

fish on a given fishing trip. Current 

regulations (§ 648.80) prohibit vessels 

from fishing or possessing more than 

2,000 rigged hooks in the GOM RMA, 

more than 3,600 rigged hooks in the GB 

RMA, more than 2,000 rigged hooks in 

the Southern New England (SNE) RMA, 

or 4,500 rigged hooks in the MA RMA. 

This exemption was approved in the 

final sector rule for FY 2010 because it 

would allow sector vessels to more 

efficiently harvest ACE and is no longer 

a necessary control on effort by sector 

vessels. For additional information on 

this exemption, please refer to the 

proposed and final sector rule (74 FR 

68015 and 75 FR 18113), respectively. 

This exemption has been granted to the 

GB Cod Hook Sector every year since 

2004. This action proposes that an 

additional 13 sectors would be 

exempted from this requirement: the 

Northeast Fishery Sectors II and III, V– 

VIII, and X–XII, the Sustainable Harvest 

Sector, the Port Clyde Community 

Groundfish Sector, the Tri-State Sector, 

and the Northeast Coastal Communities 

Sector. 


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9. Length and Horsepower Restrictions 

on DAS Leasing 

While sector vessels are exempt from 

the requirement to use NE multispecies 

DAS to harvest groundfish, sector 

vessels have been allocated and still 

need to use NE multispecies DAS for 

specific circumstances. For example, the 

Monkfish FMP includes a requirement 

that limited access monkfish Category C 

and D vessels harvesting more than the 

incidental monkfish catch must fish 

under both a monkfish and a groundfish 

DAS. Therefore, sector vessels may still 

use, and lease, NE multispecies DAS. 

The Sustainable Harvest Sector and 

Tri-State Sector received an exemption 

from the DAS Leasing Program length 

and horsepower baseline restrictions on 

DAS leases between vessels within their 

individual sectors as well with vessels 

in other sectors with this exemption. 

Restricting sectors to their ACEs 

eliminates the need to use vessel 

characteristics to control fishing effort. 

Further, exemption from this restriction 

allows sector vessels greater flexibility 

in the utilization of ACE and DAS. 

Approving this exemption for additional 

sectors could increase the profitability 

of sector participants by expanding the 

pool of eligible lessors and lessees for 

any given vessel. Providing greater 

flexibility in the distribution of DAS 

could result in increased effort on nonallocated target stocks, such as monkfish 

and skates. However, sectors predicted 

little consolidation and redirection of 

effort in their FY 2010 operations plans. 

In addition, any potential redirection in 

effort would be restricted by the sector’s 

ACE for each stock, as well as effort 

controls in other fisheries (e.g., trip 

limits and DAS). For additional 

information on this exemption, please 

refer to the proposed and final sector 

rule (74 FR 68015 and 75 FR 18113), 

respectively. This proposed action 

would exempt the Northeast Fishery 

Sectors II–XIII, the GB Cod Fixed Gear 

Sector, and the Port Clyde Community 

Groundfish Sector from the 

requirements. 

Supplemental Environmental 

Assessment 

In accordance with the National 

Environmental Policy Act, one 

supplemental EA was prepared for the 

17 operations plan addenda. The 

supplemental EA is tiered from the 

Environmental Impact Statement (EIS) 

for Amendment 16 and the 17 sector 

EAs prepared for the 17 sector 

operations plans and contracts approved 

for FY 2010. The supplemental EA for 

this action examines the biological, 

economic, and social impacts associated 

with the GOM Haddock Sink Gillnet 

Exemption. It also provides a 

cumulative effects analysis (CEA) that 

addresses the combined impact of the 

direct and indirect effects of all 

proposed exemptions if approved for all 

the FY 2010 sectors. For the purpose of 

this analysis, the supplemental EA 

assumes that all 17 sectors have 

requested and are proposed to be 

approved for all additional exemptions, 

because an individual sector approved 

for a given exemption could have access 

to unlimited allocation through ACE 

trading. The summary finding of the 

supplemental EA concludes that, 

operating under the proposed 

exemptions, the sectors would produce 

similar effects that have non-significant 

impacts. An analysis of aggregate sector 

impacts was also conducted. Visit 

http://www.regulations.gov to view the 

supplemental EA prepared for the 17 

sector operations plan addenda that this 

rule would implement. 

Classification 

Pursuant to § 304(b)(1)(A) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the Assistant 

Administrator for Fisheries, NOAA, has 

determined that this proposed rule is 

consistent with the NE Multispecies 

FMP, other provisions of the MagnusonStevens Act, and other applicable law, 

subject to further consideration after 

public comment. 

This proposed rule is exempt from 

review under Executive Order (E.O) 

12866. 

An initial regulatory flexibility 

analysis (IRFA), consisting of this 

section, the preamble of this proposed 

rule, and the supplemental EA prepared 

for this action, was prepared as required 

by § 603 of the Regulatory Flexibility 

Act (RFA). This IRFA describes the 

economic impact that the 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 in the 

preamble to this proposed rule and in 

Sections 1.0, 2.0, and 3.0 of the 

supplemental EA prepared for this 

action. A summary of the analysis 

follows. 

Economic Impacts of the Proposed 

Action on Regulated Small Entities 

Enrolled in a Sector 

This proposed action would affect 

regulated entities engaged in 

commercial fishing for groundfish that 

are enrolled in any one of the 17 sectors 

that are operating in FY 2010. Anyone 

with a valid limited access Federal 

permit under the NE Multispecies FMP 

is eligible to join a sector. The Small 

Business Administration (SBA) size 

standard for commercial fishing (NAICS 

code 114111) is $4 million in sales. 

Available data indicate that, based on 

2005–2007 average conditions, median 

gross annual sales by commercial 

fishing vessels were just over $200,000, 

and no single fishing entity earned more 

than $2 million annually. Since 

available data are not adequate to 

identify affiliated vessels, each 

operating unit is considered a small 

entity for purposes of the RFA, and, 

therefore, there is no differential impact 

between small and large entities. As of 

April 30, 2010, a total of 762 of the 

1,477 eligible permits are enrolled in 

sectors for FY 2010. 

The EIS for Amendment 16 compares 

economic impacts of sector measures 

with non-sector measures, and analyzes 

costs and benefits of the universal 

exemptions. The proposed rule 

proposing approval of the FY 2010 

sector operations plans and contracts 

(74 FR 68015, December 22, 2009) 

discussed the economic impacts of the 

additional exemptions requested by 

sectors. This proposed rule and the 

accompanying supplemental EA discuss 

the economic impacts of approving the 

GOM Sink Gillnet Exemption and the 

partial exemption from the prohibition 

on discarding, as well as expanding the 

additional exemptions approved for FY 

2010 sectors. The exemptions 

considered in this proposed rule would 

provide additional economic flexibility 

to vessels already participating in NE 

multispecies sectors during FY 2010. 

All exemptions requested by the sectors 

are intended to provide positive social 

and economic effects to sector members 

and ports. 

The GOM Haddock Sink Gillnet 

Exemption is being requested by 

Northeast Fishery Sectors II and III, V– 

VIII, and X–XII, the Sustainable Harvest 

Sector, the Port Clyde Community 

Groundfish Sector, the GB Cod Fixed 

Gear Sector, and the Tri-State Sector, 

which represent 616 permits. The 

exemption would allow the use of 6- 

inch (15.24 cm) mesh gillnets in the 

GOM RMA from January 1, 2011–April 

30, 2011. This exemption would 

provide participating sector vessels an 

opportunity to potentially retain more 

GOM haddock, a healthy stock, and 

share in the benefits from the stock 

recovery. To utilize this exemption, it 

would be necessary for participating 

sector vessels to purchase 6-inch (15.24 

cm) mesh gillnets. However, it would 

allow a greater catch of haddock, which 

may increase revenues for gillnet 

fishermen and the ports where they land 

their fish, particularly if participating 


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vessels are able to change fishing 

behavior to selectively target this stock 

and minimize catch of other allocated 

target stocks. 

The Sustainable Harvest Sector, the 

Tri-State Sector, the GB Cod Fixed Gear 

Sector, the Port Clyde Community 

Groundfish Sector, the Northeast 

Coastal Communities Sector, and 

Northeast Fishery Sectors II and III, and 

V–XIII, representing 716 permits, are 

requesting exemption from the 

regulations that currently prohibit sector 

vessels from discarding any legal-sized 

regulated species allocated to sectors. 

Sector vessels have had to retain legalsized unmarketable fish, which requires 

them to store this fish on the vessel 

while at sea, in some cases in large 

quantities in totes on deck, creating 

unsafe work conditions. In addition, 

sector vessels have had to determine a 

method of disposal of any unmarketable 

fish landed. Anecdotal information 

indicates that some fish dealers dispose 

of unmarketable fish for sector vessels 

as a courtesy; however, the scope of this 

occurrence and any operational costs 

incurred by the dealer or vessels is 

unknown. A partial exemption from this 

regulation that would allow sector 

vessels to discard unmarketable fish 

would provide sector vessels more 

operational flexibility and improve 

safety conditions at sea. It would also 

relieve the burden, if any, on sector 

vessels and their dealers to find a way 

to dispose of the unmarketable fish once 

landed. 

Exemption from the Day gillnet 120- 

day block requirement out of the fishery 

is being requested by the Northeast 

Fishery Sectors II, V–VIII, X and XII, 

and the Tri-State Sector. Existing 

regulations require that vessels using 

gillnet gear remove all gear from the 

water for 120 days per year. Since the 

time out from fishing is up to the vessel 

owner to decide (with some 

restrictions), many affected vessel 

owners have purchased more than one 

vessel such that one may be used while 

the other is taking its 120-day block out 

of the groundfish fishery, to provide for 

sustained fishing income. Acquiring a 

second vessel adds the expense of 

outfitting another vessel with gear and 

maintaining that vessel. The exemption 

from the 120-day block would allow 

sector members to realize the cost 

savings associated with retiring the 

redundant vessel. Furthermore, this 

exemption would provide additional 

flexibility to sector vessels to maximize 

the utility of other sector-specific and 

universal exemptions, such as the 

exemption from the GB Seasonal 

Closure in May and portions of the 

GOM Rolling Closure Areas. Several of 

the FY 2010 sectors, representing 390 

permits, are already utilizing this 

exemption and approving the requests 

by additional sectors for this exemption 

would extend this flexibility and 

potential economic benefits to an 

additional 245 permits. 

The Northeast Fishery Sectors II, V– 

VIII, X and XII, the Sustainable Harvest 

Sector, the Port Clyde Community 

Groundfish Sector, the GB Cod Fixed 

Gear Sector and the Tri-State Sector are 

requesting exemption from the 

prohibition on a vessel hauling gear that 

was set by another vessel. The 

community fixed gear exemption would 

allow sector vessels in the Day gillnet 

category to effectively pool gillnet gear 

that may be hauled or set by sector 

members. This provision would reduce 

the total amount of gear that would have 

to be purchased and maintained by 

participating sector members resulting 

in some uncertain level of cost savings, 

along with a possible reduction in total 

gear fished. This exemption has already 

been approved for 120 permits in FY 

2010 sectors and approving these 

additional requests would extend the 

exemption to an additional 496 permits. 

The Northeast Fishery Sectors II and 

III, V–VIII, and X–XII, the Sustainable 

Harvest Sector, the Port Clyde 

Community Groundfish Sector, the TriState Sector, and the Northeast Coastal 

Communities Sector, representing an 

additional 540 permits, are requesting 

exemption from the number of hooks 

that may be fished. These exemptions 

would provide vessel owners in these 

additional sectors with the flexibility to 

adapt the number of hooks fished to 

existing fishing and market conditions. 

This exemption would also provide an 

opportunity to improve vessel 

profitability. The exemption from the 

number of hooks that may be fished has 

been granted to the GB Cod Hook Sector 

every year since 2004 and was granted 

to the GB Cod Fixed Gear Sector for FY 

2010. Approving this exemption for 

these additional sectors would extend 

the potential economic benefits to more 

vessels in other sectors. 

Northeast Fishery Sectors II and III, 

V–VIII, and X–XII, the Sustainable 

Harvest Sector, the Port Clyde 

Community Groundfish Sector, and the 

Tri-State Sector have requested to be 

exempt from the limitation on the 

number of gillnets that may be hauled 

on GB when fishing under a groundfish/ 

monkfish DAS. Approving this 

exemption would increase operational 

flexibility for an additional 522 permits, 

providing an opportunity for a 

substantial portion of the fleet to 

improve vessel profitability. 

Northeast Fishery Sectors II and III, 

and V–XIII, the GB Cod Fixed Gear 

Sector, and the Port Clyde Community 

Groundfish Sector, are requesting 

exemption from the required 20-day 

spawning block out of the fishery. 

Exemption from the 20-day spawning 

block would improve flexibility to 

match trip planning decisions to 

existing fishing and market conditions. 

Although vessel owners currently have 

the flexibility to schedule their 20-day 

block according to business needs and 

may use that opportunity to perform 

routine or scheduled maintenance, 

vessel owners may prefer to schedule 

these activities at other times of the 

year, or may have unexpected repairs. 

Removing this requirement may not 

have a significant impact, but would 

still provide vessel owners with greater 

opportunity to make more efficient use 

of their vessel. This exemption was 

previously approved for 3 sectors 

representing 153 permits. Approving 

these exemption requests would extend 

the exemption to an additional 563 

permits. 

The Port Clyde Community 

Groundfish Sector, the Tri-State Sector, 

the GB Cod Fixed Gear Sector, the 

Northeast Fishery Sectors II and III, V– 

VIII, and X–XII, are requesting an 

exemption from the limit on the number 

of nets (not to exceed 150) that may be 

deployed by Day gillnet vessels. This 

exemption would provide greater 

flexibility to deploy fishing gear by 

participating sector members according 

to operational and market needs. A total 

of 116 permits participating in FY 2010 

sectors are already exempt from this 

requirement. The proposed action 

would extend this flexibility and 

potential economic benefits to an 

additional 500 permits. 

The Port Clyde Community 

Groundfish Sector, the GB Cod Fixed 

Gear Sector, and Northeast Fishery 

Sectors II–XIII, request exemption from 

regulations that currently limit leasing 

of DAS to vessels within specified 

length and horsepower restrictions. 

Current restrictions create a system in 

which a small vessel may lease DAS 

from virtually any other vessel, but is 

limited in the number of vessels that 

small vessels may lease to. The opposite 

is true for larger vessels. Exemption 

from these restrictions would allow 

greater flexibility to lease DAS between 

vessels of different sizes and may be 

expected to expand the market of 

potential lessees for some vessels. The 

efficiency gains of this exemption as 

approved for the Tri-State Sector and 

the Sustainable Harvest Sector were 

limited because the exemption would 

only apply to leases between Tri-State 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
53946 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 

Sector and Sustainable Harvest Sector 

members, representing 135 permits. 

This proposed action would extend this 

exemption to an additional 609 permits, 

which would not only potentially 

increase efficiency for the additional 

sectors for which this exemption is 

approved, but also for members of the 

Tri-State and Sustainable Harvest 

Sectors by expanding the pool of 

potential lessees with this exemption. 

Since DAS would not be required while 

fishing for groundfish, the economic 

importance of this exemption would be 

associated with the need to use 

groundfish DAS when fishing in other 

fisheries, for example, monkfish. 

Economic Impacts of the Alternative to 

the Proposed Action 

Under the No Action alternative, one 

or more of the sectors’ requests for 

operations plan addenda would be 

disapproved, which would result in 

sector vessels operating under the 

operations plans and exemptions as 

approved for the start of the 2010 FY in 

the final rule published April 9, 2010 

(75 FR 18113). Under this scenario, 

sector vessels may experience the 

efficiency gains and economic benefits 

of sector participation and the 

exemptions for which they have already 

been approved, as described in the IRFA 

for the proposed rule proposing 

approval of FY 2010 sector operations 

and exemptions. However, sector 

vessels would not be provided the 

opportunity to benefit from the increase 

in the operational flexibility that may be 

gained from all the exemptions available 

to FY 2010 sectors and revenues would 

be expected to be lower than under the 

proposed action. Relative to the 

proposed action, it is more likely under 

the No Action alternative that the ports 

and fishing communities where sectors 

plan to land their fish would be 

negatively impacted. 

Allowing sectors to propose either 

entirely new exemptions or variations of 

previously approved exemptions was 

considered. However, this alternative 

was considered unreasonable because 

these exemptions are discrete measures 

which, by their nature, do not lend 

themselves to alternate configurations, 

and allowing sectors to propose entirely 

new exemptions or changing already 

approved exemptions to the list of 

alternatives could result in 

implementation delays that would 

reduce the utility of this action for 

sectors in this fishing year (FY 2010). In 

addition, this action is intended to be a 

continuing part of a longer action 

implementing Amendment 16, 

Framework Adjustment 44 to the NE 

Multispecies FMP, and the final rule 

approving FY 2010 sector operations 

plans, in which other alternative 

measures have already been considered. 

The FY 2010 sectors will have an 

opportunity to propose any new or 

revised exemptions in their operations 

plans for FY 2011. 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Proposed Rule 

This proposed rule contains no 

collection-of-information requirement 

subject to the 

Paperwork Reduction Act 

Regulations under the MagnusonStevens Fishery Conservation and 

Management Act require publication of 

this notification to provide interested 

parties the opportunity to comment on 

proposed sector operations plan 

addenda. 

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

Dated: August 27, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–21996 Filed 9–1–10; 8:45 am] 

BILLING CODE 3510–22–P 


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