Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures, 5537-5541 [2010-2282]
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Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations
and butterfish (MSB). Specifically, this
action maintains quotas for Atlantic
mackerel (mackerel), Illex squid (Illex),
PART 192—TRANSPORTATION OF
Loligo squid (Loligo), and butterfish at
NATURAL AND OTHER GAS BY
the same levels as 2009. This action also
PIPELINE: MINIMUM FEDERAL
modifies accounting procedures for
SAFETY STANDARDS
underages of Trimester 1 quotas in the
Loligo fishery so that Trimester 1 quota
■ 1. The authority citation for part 192
underages that are greater than 25
continues to read as follows:
percent of the Trimester 1 quota will be
Authority: 49 U.S.C. 5103, 60102, 60104,
allocated equally to Trimesters 2 and 3,
60108, 60109, 60110, 60113, and 60118; and
and underages that are less than 25
49 CFR 1.53.
percent of the Trimester 1 quota will be
allocated to Trimester 3. Additionally,
§ 192.631 [Amended]
this action will increase the minimum
■ 2. In paragraph (a)(2), in the second
mesh size requirement for codend
sentence, remove the phrase ‘‘implement covers in the Loligo fishery from 4.5
the procedures no later than February 1, inches (11.43 cm) to 5 inches (12.7 cm).
2012’’ and add the phrase ‘‘implement
These specifications and management
the procedures no later than February 1, measures promote the utilization and
2013’’ in its place.
conservation of the MSB resource.
DATES: Effective March 5, 2010, except
§ 195.446 [Amended]
for the amendment to § 648.23(a)(3)(i),
■ 3. In paragraph (a), in the last
which is effective August 3, 2010.
sentence, remove the phrase ‘‘implement ADDRESSES: Copies of supporting
the procedures no later than February 1, documents used by the Mid-Atlantic
2012’’, and add the phrase ‘‘implement
Fishery Management Council (Council),
the procedures no later than February 1, including the Environmental
2013’’ in its place.
Assessment (EA) and Regulatory Impact
Review (RIR)/Initial Regulatory
Issued in Washington, DC, on January 28,
Flexibility Analysis (IRFA), are
2010.
available from: Daniel Furlong,
Cynthia L. Quarterman,
Executive Director, Mid-Atlantic
Administrator.
Fishery Management Council, Room
[FR Doc. 2010–2190 Filed 2–2–10; 8:45 am]
2115, Federal Building, 300 South New
BILLING CODE 4910–60–P
Street, Dover, DE 19904–6790. The EA/
RIR/IRFA is accessible via the Internet
at https://www.nero.noaa.gov. NMFS
DEPARTMENT OF COMMERCE
prepared a Final Regulatory Flexibility
Analysis (FRFA), which is contained in
National Oceanic and Atmospheric
the classification section of the rule.
Administration
Copies of the FRFA and the Small Entity
Compliance Guide are available from:
50 CFR Part 648
Patricia Kurkul, Regional Administrator,
National Marine Fisheries Service,
[Docket No. 0907301206–0032–02]
Northeast Region, 55 Great Republic
RIN 0648–AY13
Drive, Gloucester, MA 01930–2276, or
via the Internet at https://
Fisheries of the Northeastern United
www.nero.noaa.gov.
States; Atlantic Mackerel, Squid, and
FOR FURTHER INFORMATION CONTACT:
Butterfish Fisheries; Specifications
Carrie Nordeen, Fishery Policy Analyst,
and Management Measures
978–281–9272, fax 978–281–9135.
AGENCY: National Marine Fisheries
SUPPLEMENTARY INFORMATION:
Service (NMFS), National Oceanic and
Background
Atmospheric Administration (NOAA),
Regulations implementing the Fishery
Commerce.
Management Plan for the Atlantic
ACTION: Final rule.
Mackerel, Squid, and Butterfish
SUMMARY: This action implements 2010
Fisheries (FMP) appear at 50 CFR part
specifications and management
648, subpart B. Regulations governing
measures for Atlantic mackerel, squid,
foreign fishing appear at 50 CFR part
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amends 49 CFR part 192 by making the
following correcting amendments:
5537
600, subpart F. These regulations at
§ 648.21 and § 600.516(c), require that
NMFS, based on the maximum
optimum yield (Max OY) of each fishery
as established by the regulations,
annually publish a proposed rule
specifying the amounts of the initial
optimum yield (IOY), allowable
biological catch (ABC), domestic annual
harvest (DAH), and domestic annual
processing (DAP), as well as, where
applicable, the amounts for total
allowable level of foreign fishing
(TALFF) and joint venture processing
(JVP) for the affected species managed
under the FMP. In addition, these
regulations allow specifications to be
specified for up to 3 years, subject to
annual review. The regulations at
§ 648.21 also specify that IOY for squid
is equal to the combination of research
quota (RQ) and DAH, with no TALFF
specified for squid. For butterfish, the
regulations specify that a butterfish
bycatch TALFF will be specified only if
TALFF is specified for mackerel.
At its June 9–11, 2009, meeting in
New York, NY, the Mid-Atlantic Fishery
Management Council (Council)
recommended 2010 MSB specifications.
The recommended specifications for
mackerel, Illex, Loligo, and butterfish
are the same as those implemented in
2009. For Loligo, the Council
recommended a modification in
accounting Trimester 1 quota underages.
The Council also recommended
increasing the minimum mesh size
requirement for codend covers in the
Loligo fishery. The Council submitted
these recommendations, along with the
required analyses, for agency review on
August 10, 2009. A proposed rule for
the 2010 MSB specifications and
management measures was published
on November 12, 2009 (74 FR 58234),
and the public comment period for the
proposed rule ended on December 14,
2009. Details concerning the Council’s
development of these measures were
presented in the preamble of the
proposed rule and are not repeated here.
Final MSB Specifications and
Management Measures for the 2010
Fishing Year
This action implements the following
MSB specifications and management
measures for the 2010 fishing year,
which are described in detail below.
TABLE 1—FINAL SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR 2010
FISHING YEAR
Specifications
Loligo
Max OY ............................................................................................................
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32,000
Illex
Mackerel
24,000
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N/A
Butterfish
12,175
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Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations
TABLE 1—FINAL SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR 2010
FISHING YEAR—Continued
Specifications
Loligo
ABC ..................................................................................................................
IOY 3 .................................................................................................................
DAH .................................................................................................................
DAP ..................................................................................................................
JVP ..................................................................................................................
TALFF ..............................................................................................................
19,000
1 18,667
18,667
18,667
0
0
Illex
Mackerel
24,000
24,000
24,000
24,000
0
0
Butterfish
156,000
1,500
3 485
485
485
0
0
2 115,000
4 115,000
100,000
0
0
1 Excludes
333 mt for Research Set-Aside (RSA).
may be increased during the year, but the total ABC will not exceed 156,000 mt.
3 Includes a 15,000 mt catch of Atlantic mackerel by the recreational fishery.
4 Excludes 15 mt for RSA.
2 IOY
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Atlantic Mackerel
This action specifies the mackerel
ABC at 156,000 mt, based on the
formula ABC = T ¥ C. T is the yield
(211,000 mt) associated with a fishing
mortality rate (F) that is equal to the
target F (F = 0.12); C is the estimated
catch of mackerel in Canadian waters
(55,000 mt) for the upcoming fishing
year. Thus, 211,000 mt minus 55,000 mt
results in the 2010 mackerel ABC of
156,000 mt. This action also specifies
the mackerel IOY at 115,000 mt, a level
that can be fully harvested by the
domestic fleet, thereby precluding the
specification of TALFF while allowing
the U.S. mackerel industry to expand.
Because the harvesting ability and
processing capacity exists, it is
reasonable to assume that the
commercial fishery will harvest 100,000
mt of mackerel. Therefore, this action
specifies the mackerel DAH at 115,000
mt, which is the commercial harvest
plus the 15,000 mt anticipated to be
harvested by the recreational fishery.
Because IOY = DAH, this specification
is consistent with the Council’s
recommendation that the level of IOY
should not provide for TALFF.
This action specifies the mackerel
DAP at 100,000 mt and the mackerel
JVP at zero. For the past 6 years, the
Council has recommended zero JVP
because the surplus between DAH and
DAP has been declining as U.S.
shoreside processing capacity for
mackerel has expanded. The Council
also heard from the industry that the
availability (i.e., size, distribution, and
abundance) of mackerel to the fishery,
rather than processing capacity, has
curtailed catch in recent years. Based on
this information, the Council
concluded, and NMFS concurs, that
processing capacity is no longer a
limiting factor relative to domestic
production of mackerel. Consequently,
if U.S. harvesters land mackerel in
excess of 100,000 mt, and should the
IOY be adjusted upward, U.S.
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processors have the capacity and intent
to process it.
Inseason Adjustment of the Mackerel
IOY
Regulations at § 648.21(e) provide that
specifications may be adjusted inseason
during the fishing year by the NMFS
Northeast Regional Administrator
(Regional Administrator), in
consultation with the Council, by
publishing a notice in the Federal
Register and providing a 30-day public
comment period. In 2010, as in 2009,
NMFS’s Northeast Fishery Statistic
Office will summarize mackerel
landings from dealer reports on a
weekly basis and post this information
on the Northeast Regional Office Web
site (https://www.nero.noaa.gov/). NMFS
staff will closely monitor these landings
and industry trends to determine if an
inseason adjustment is necessary. If,
using landings projections and all other
available information, the Regional
Administrator determines that 70
percent of the Atlantic mackerel IOY
will be landed during the 2010 fishing
year, the Regional Administrator will
make available additional quota for a
total IOY of 156,000 mt of Atlantic
mackerel for harvest during 2010.
Additionally, if an inseason adjustment
of the IOY is warranted, the Regional
Administrator will notify the Council
and the inseason adjustment will be
published in the Federal Register.
Atlantic Squids
Loligo
This action specifies the Loligo Max
OY at 32,000 mt and the ABC, IOY,
DAH, DAP at 19,000 mt. This is
consistent with proxies for Loligo target
and threshold fishing mortality rates,
FTarget and FThreshold, which were revised
through Amendment 9 to the FMP
(Amendment 9) (73 FR 37382, July 1,
2008) to reflect the analytical advice
provided by the most recent Loligo stock
assessment review committee (SARC
34). The FMP does not authorize the
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specification of JVP and TALFF for the
Loligo fishery because of the domestic
industry’s capacity to harvest and
process the OY for this fishery;
therefore, there will be no JVP or TALFF
in 2010.
Distribution of the Loligo DAH
As was done in 2007 to 2009, this
action allocates the 2010 Loligo DAH
into trimesters, consistent with the
Council’s recommendation. The
trimester allocations for 2010 are as
follows:
TABLE 2—TRIMESTER ALLOCATION OF
LOLIGO QUOTA IN 2010
Trimester
Percent
Metric
tons 1
I (Jan–Apr) .............
II (May–Aug) ...........
III (Sep–Dec) ..........
43
17
40
8,027
3,173
7,467
Total ...................
100
18,667
1 Trimester
allocations after 333 mt RQ
deduction.
This action will split the distribution
of Trimester I underages evenly between
Trimester II and III if the underage is
greater than 25 percent of the Trimester
I quota. All other underages or overages
will be applied to Trimester III. This
method of underage distribution will
prevent an underharvest of the annual
quota, and distribute unharvested quota
evenly throughout the year.
Announcements of quota adjustments
may be delayed up to 2 months after
Trimester I ends due to inherent data
processing time lag and late dealer
reporting in the dealer reporting
program.
Changes to Loligo Codend Mesh Size
Requirements
This action will increase the ‘‘net
strengthener’’/’’codend cover’’ minimum
mesh requirement from 4.5 inches (11.3
cm) to 5 inches (12.7 cm) (inside stretch
measurement), consistent with the
codend mesh size requirement currently
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required in another Mid-Atlantic fishery
(scup). This increase should reduce
bycatch of small squid and finfish in the
Loligo fishery.
Illex
This action specifies the Illex Max
OY, IOY, ABC, and DAH at 24,000 mt.
The FMP does not authorize the
specification of JVP or TALFF for the
Illex fishery because of the domestic
fishing industry’s capacity to harvest
and to process the IOY from this fishery.
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Butterfish
The status of the butterfish stock was
most recently assessed in late 2004.
That assessment concluded that, while
overfishing of the stock is not occurring,
the stock is overfished. Based on this
information, the Council was notified by
NMFS on February 11, 2005, that the
butterfish stock was designated as
overfished, pursuant to the
requirements of section 304(e) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The Council
developed a rebuilding plan for the
butterfish stock in Amendment 10 to the
FMP (Amendment 10), which was
approved October 7, 2009. A stock
assessment was conducted in late 2009,
but the results are not yet available. The
Council recommended that the quota be
restricted to recent landings levels to
prevent an expansion of the fishery and
to protect the rebuilding stocks.
Therefore, in 2010, as implemented in
2009, this action sets the Max OY at
12,175 mt; the ABC at 1,500 mt; and the
IOY, DAH, and DAP at 500 mt. Harvest
at these levels should prevent
overfishing of the butterfish stock in
2010. Additionally, consistent with
MSB regulations, the Council
recommended, and this action is
specifying, zero TALFF for butterfish in
2010 because zero TALFF is specified
for mackerel.
Comments and Responses
Comment: One comment letter was
received that indicated that quotas for
all four species should be cut in half,
and that overfishing is occurring.
Response: The most recent stock
assessments for these species indicate
that overfishing is not occurring for any
of them, and that butterfish is the only
species managed under the MSB Fishery
Management Plan (FMP) that is
overfished. This action specifies that the
butterfish quota will remain at the
reduced level of 500 mt in 2010 in order
to curtail a directed butterfish fishery
consistent with the rebuilding program
for butterfish established by
Amendment 10 to the MSB FMP.
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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this rule is consistent with the
Atlantic Mackerel, Squid, and Butterfish
FMP, other provisions of the MagnusonStevens Act, and other applicable law.
This action is authorized by 50 CFR
part 648 and has been determined to be
not significant for purposes of Executive
Order 12866 (E.O. 12866).
NMFS, pursuant to section 604 of the
Regulatory Flexibility Act, has prepared
a final regulatory flexibility analysis
(FRFA), included in this final rule, in
support of the 2009 MSB specifications
and management measures. The FRFA
describes the economic impact that this
final rule, along with other nonpreferred alternatives, will have on
small entities.
The FRFA incorporates the economic
impacts and analysis summarized in the
IRFA, a summary of the significant
issues raised by the public, and a
summary of analyses prepared to
support the action (i.e., the EA and the
RIR). The contents of these documents
are not repeated in detail here. A copy
of the IRFA, the RIR, and the EA are
available upon request (see ADDRESSES).
A complete description of the reasons
why this action is being considered, and
the objectives of and legal basis for this
action, is contained in the preamble to
the proposed and final rules and is not
repeated here.
Statement of Need for This Action
This action specifies 2010
specifications and management
measures for MSB fisheries and
modifies existing management measures
to improve the management of MSB
fisheries.
A Summary of the Significant Issues
Raised by the Public Comments in
Response to the IRFA, a Summary of the
Assessment of the Agency of Such
Issues, and a Statement of Any Changes
Made in the Final Rule as a Result of
Such Comments
NMFS received one comment letter,
but it was not related to the IRFA or the
general economic effects of the
proposed action.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
Based on permit data for 2008, the
numbers of potential fishing vessels in
the 2010 fisheries are as follows: 371 for
Loligo/butterfish, 77 for Illex, 2,342 for
mackerel, and 2,193 vessels with
incidental catch permits for squid/
butterfish. There are no large entities
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5539
participating in this fishery, as defined
in section 601 of the RFA. Therefore,
there are no disproportionate economic
impacts on small entities. Many vessels
participate in more than one of these
fisheries; therefore, permit numbers are
not additive.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This action does not contain any new
collection-of-information, reporting,
recordkeeping, or other compliance
requirements. It does not duplicate,
overlap, or conflict with any other
Federal rules.
Description of the Steps the Agency Has
Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statutes, Including a
Statement of the Factual, Policy, and
Legal Reasons for Selecting the
Alternative Adopted in the Final Rule
and Why Each One of the Other
Significant Alternatives to the Rule
Considered by the Agency Which Affect
the Impact on Small Entities Was
Rejected
Actions Implemented With the Final
Rule
The mackerel IOY specified in this
action (115,000 mt, with 15,000 mt
allocated to recreational catch)
represents status quo, as compared to
2009, and is no constraint to vessels
relative to the landings in recent years.
Mackerel landings for 2004–2006
averaged 51,836 mt. Landings in 2007
were 25,547 mt, and landings in 2008
were 21,749 mt. This action also allows
for an inseason adjustment, which
would increase the IOY up to the ABC
(156,000 mt), if landings approach the
IOY early in the fishing year. Therefore,
no reductions in revenues for the
mackerel fishery are expected as a result
of this action.
The Loligo IOY (19,000 mt) specified
in this action represents the status quo
compared to the 2009. No reductions in
revenues for the Loligo fishery are
expected as a result of this action.
The accounting methods for Loligo
trimester underages implemented in this
action will distribute any substantial
underage in Trimester I (greater than 25
percent of the Trimester I quota) evenly
over the rest of the year. This method
of transferring quota over to Trimester II
from Trimester I may provide some
economic benefits to this fishery
compared to how the fishery was
prosecuted under the 2008 and 2009
specifications.
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This action also increases the required
minimum codend cover mesh size from
4.5 inches (11.3 cm) to 5.0 inches (12.7
cm) in the Loligo fishery. This mesh size
increase is not expected to have a
significant impact on landings since
most of the selectivity occurs in the
codend liner. Most vessels are equipped
with nets meeting or exceeding the
proposed codend minimum mesh size,
so no negative impacts on revenues in
this fishery are expected as a result of
this action.
The Illex IOY (24,000 mt) specified in
this action represents status quo as
compared to 2009. Implementation of
this action would not result in a
reduction in revenue or a constraint on
expansion of the fishery in 2010.
The butterfish IOY specified in this
action (500 mt) represents status quo, as
compared to 2009, and represents only
a minimal constraint to vessels relative
to the landings in recent years. Due to
market conditions, there has not been a
directed butterfish fishery in recent
years; therefore, recent landings have
been low. Given the lack of a directed
butterfish fishery and low butterfish
landings, this action is not expected to
reduce revenues in this fishery more
than minimally.
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Alternatives to the Actions in the Final
Rule
The Council analysis evaluated two
alternatives for mackerel. The first
alternative would have set the ABC at
56,000 mt, IOY at 56,000 mt, and the
second alternative would have set the
ABC at 186,000 mt, IOY at 115,000 mt.
Based on recent harvest levels, neither
of the ABC and IOY alternatives
represents a constraint on vessels in this
fishery. However, the ABC of 56,000 mt
in the first alternative could result in
foregone revenue if mackerel is
available to the fishery.
For Loligo, alternatives to this action
would have set the Max OY at 32,000
mt and ABC, IOY, DAH, and DAP at
19,000 mt. The alternatives differed
from this action in how Trimester
underages and overages were applied to
the following Trimester quotas. The first
alternative is the status quo, and would
have continued to transfer Trimester I
and II overages or underages to
Trimester III. The second alternative
would make the full amount of a
Trimester I underage available to
Trimester II. This action distributes any
substantial underage in Trimester I
(greater than 25 percent of the Trimester
I quota) evenly over the rest of the year,
which may positively impact Loligo
stocks, and prevent an underharvest of
the annual quota.
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For Illex, one alternative was
considered, which would have set the
ABC, IOY, DAH, and DAP at 19,000 mt
rather than 24,000 mt. This quota was
used between 1997 and 1999, and was
associated with the SAW 21 stock
assessment from 1996. However, this
alternative would still allow harvest in
excess of recent landings in this fishery.
For butterfish, two alternatives were
considered. The first would have set
Max OY at 12,175 mt; ABC at 4,525 mt;
and IOY, DAH, and DAP 1,861 mt;
which is equivalent to the 2005–2007
specifications. The second alternative
would have set Max OY at 12,175 mt;
ABC at 9,131 mt; and IOY, DAH, and
DAP at 3,044 mt. The amounts in this
alternative represent the specifications
that would result from the application
of the F target control rule if the
butterfish stock was declared rebuilt,
and was included due to the potential
for rapid rebuilding in the butterfish
stock. However, this alternative would
likely result in overfishing and the
additional depletion of the spawning
stock biomass of an overfished species.
None of these alternatives represent a
constraint on vessels in this fishery or
would reduce revenues in the fishery.
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.21, paragraph (f)(2) is
revised to read as follows:
■
§ 648.21 Procedures for determining initial
annual amounts.
*
*
*
*
*
(f) * * *
(2) Any underages of commercial
period quota for Trimester I that are
greater than 25 percent of the Trimester
I quota will be divided in half, with one
portion applied to Trimester II, and one
portion applied to Trimester III of the
same year. Any underages of
commercial period quota for Trimester I
that are less than 25 percent of the
Trimester I quota will be applied to
Trimester III of the same year. Any
overages of commercial quota for
Trimesters I and II will be subtracted
from Trimester III of the same year.
*
*
*
*
*
■ 3. In § 648.22, paragraph (a)(2)(i) is
added, and paragraph (a)(2)(ii) is added
and reserved to read as follows:
Small Entity Compliance Guide
§ 648.22
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity compliance
guides.’’ The agency shall explain the
actions a small entity is required to take
to comply with a rule or group of rules.
As part of this rulemaking process, a
small entity compliance guide was
prepared. The guide will be sent to all
holders of permits issued for the MSB
fisheries. In addition, copies of this final
rule and guide (i.e., permit holder letter)
are available from the Regional
Administrator and are also available
from NMFS, Northeast Region (see
ADDRESSES).
(a) * * *
(2) * * *
(i) If the Regional Administrator
determines that the Trimester I closure
threshold has been underharvested by
25 percent or more, then the amount of
the underharvest shall be reallocated to
Trimester II and Trimester III in equal
amounts, through notice in the Federal
Register.
(ii) [Reserved]
*
*
*
*
*
■ 4. In § 648.23, paragraph (a)(3)(i) is
revised to read as follows:
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: January 28, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
■
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§ 648.23
Closure of the fishery.
Gear restrictions.
(a) * * *
(3) * * *
(i) Net obstruction or constriction.
Owners or operators of otter trawl
vessels fishing for and/or possessing
Loligo shall not use any device, gear, or
material, including, but not limited to,
nets, net strengtheners, ropes, lines, or
chafing gear, on the top of the regulated
portion of a trawl net that results in an
effective mesh opening of less than 17/
8 inches (48 mm) diamond mesh, inside
stretch measure. ‘‘Top of the regulated
portion of the net’’ means the 50 percent
of the entire regulated portion of the net
that would not be in contact with the
ocean bottom if, during a tow, the
regulated portion of the net were laid
flat on the ocean floor. However, owners
E:\FR\FM\03FER1.SGM
03FER1
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The A season allocation of the 2010
TAC of Pacific cod apportioned to
vessels catching Pacific cod for
processing by the inshore component of
the Central Regulatory Area of the GOA
is 19,862 metric tons (mt) as established
by the final 2009 and 2010 harvest
specifications for groundfish of the GOA
(74 FR 7333, February 17, 2010) and
inseason adjustment (74 FR 68713,
December 29, 2009).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the A season allocation
of the 2010 TAC of Pacific cod
apportioned to vessels catching Pacific
cod for processing by the inshore
component of the Central Regulatory
Area of the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 17,862 mt, and is setting
aside the remaining 2,000 mt as bycatch
to support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by
vessels catching Pacific cod for
processing by the inshore component in
the Central Regulatory Area of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
NMFS is prohibiting directed
fishing for Pacific cod by vessels
catching Pacific cod for processing by
the inshore component in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the A season
allocation of the 2010 total allowable
catch (TAC) of Pacific cod apportioned
to vessels catching Pacific cod for
processing by the inshore component of
the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), January 31, 2010, through
1200 hrs, A.l.t., September 1, 2010.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific cod
apportioned to vessels catching Pacific
cod for processing by the inshore
component of the Central Regulatory
Area of the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of January 28, 2010.
The AA also finds good cause to
waive the 30–day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
or operators of otter trawl vessels fishing
for and/or possessing Loligo may use net
strengtheners (covers), splitting straps,
and/or bull ropes or wire around the
entire circumference of the codend,
provided they do not have a mesh
opening of less than 5 inches (12.7 cm)
diamond mesh, inside stretch measure.
For the purpose of this requirement,
head ropes are not to be considered part
of the top of the regulated portion of a
trawl net.
*
*
*
*
*
[FR Doc. 2010–2282 Filed 2–2–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 09100091344–9056–02]
RIN 0648–XU20
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Catching Pacific Cod for
Processing by the Inshore Component
in the Central Regulatory Area of the
Gulf of Alaska
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
VerDate Nov<24>2008
14:52 Feb 02, 2010
Jkt 220001
PO 00000
Frm 00055
Fmt 4700
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the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 29, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–2257 Filed 1–29–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351–0040–03]
RIN 0648–XL28
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Final 2009 and 2010
Harvest Specifications for Groundfish;
Correction
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correcting amendment.
SUMMARY: On February 17, 2009, NMFS
published the final 2009 and 2010
harvest specifications for groundfish of
the Bering Sea and Aleutian Islands
(BSAI) management area. Table 8c of
that document contained the final 2009
and 2010 prohibited species bycatch
allowances for the BSAI trawl limited
access sector and non-trawl fisheries of
the BSAI management area. That table
contained an error that is corrected in
this rule.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.) February 3, 2010, through
2400 hrs, A.l.t., December 31, 2010.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the Fisheries Management
Plan (FMP) for groundfish of the BSAI
and govern the groundfish fisheries in
the BSAI. The North Pacific Fishery
Management Council (Council)
prepared the FMP, and NMFS approved
it under the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). General
regulations governing U.S. fisheries also
appear at 50 CFR part 600.
On February 17, 2009 (74 FR 7359)
NMFS published harvest specifications
E:\FR\FM\03FER1.SGM
03FER1
]]>Agencies
[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Rules and Regulations]
[Pages 5537-5541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2282]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907301206-0032-02]
RIN 0648-AY13
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action implements 2010 specifications and management
measures for Atlantic mackerel, squid, and butterfish (MSB).
Specifically, this action maintains quotas for Atlantic mackerel
(mackerel), Illex squid (Illex), Loligo squid (Loligo), and butterfish
at the same levels as 2009. This action also modifies accounting
procedures for underages of Trimester 1 quotas in the Loligo fishery so
that Trimester 1 quota underages that are greater than 25 percent of
the Trimester 1 quota will be allocated equally to Trimesters 2 and 3,
and underages that are less than 25 percent of the Trimester 1 quota
will be allocated to Trimester 3. Additionally, this action will
increase the minimum mesh size requirement for codend covers in the
Loligo fishery from 4.5 inches (11.43 cm) to 5 inches (12.7 cm). These
specifications and management measures promote the utilization and
conservation of the MSB resource.
DATES: Effective March 5, 2010, except for the amendment to Sec.
648.23(a)(3)(i), which is effective August 3, 2010.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council (Council), including the Environmental
Assessment (EA) and Regulatory Impact Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), are available from: Daniel Furlong,
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 South New Street, Dover, DE 19904-6790. The EA/
RIR/IRFA is accessible via the Internet at https://www.nero.noaa.gov.
NMFS prepared a Final Regulatory Flexibility Analysis (FRFA), which is
contained in the classification section of the rule. Copies of the FRFA
and the Small Entity Compliance Guide are available from: Patricia
Kurkul, Regional Administrator, National Marine Fisheries Service,
Northeast Region, 55 Great Republic Drive, Gloucester, MA 01930-2276,
or via the Internet at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978-281-9272, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Fishery Management Plan for the
Atlantic Mackerel, Squid, and Butterfish Fisheries (FMP) appear at 50
CFR part 648, subpart B. Regulations governing foreign fishing appear
at 50 CFR part 600, subpart F. These regulations at Sec. 648.21 and
Sec. 600.516(c), require that NMFS, based on the maximum optimum yield
(Max OY) of each fishery as established by the regulations, annually
publish a proposed rule specifying the amounts of the initial optimum
yield (IOY), allowable biological catch (ABC), domestic annual harvest
(DAH), and domestic annual processing (DAP), as well as, where
applicable, the amounts for total allowable level of foreign fishing
(TALFF) and joint venture processing (JVP) for the affected species
managed under the FMP. In addition, these regulations allow
specifications to be specified for up to 3 years, subject to annual
review. The regulations at Sec. 648.21 also specify that IOY for squid
is equal to the combination of research quota (RQ) and DAH, with no
TALFF specified for squid. For butterfish, the regulations specify that
a butterfish bycatch TALFF will be specified only if TALFF is specified
for mackerel.
At its June 9-11, 2009, meeting in New York, NY, the Mid-Atlantic
Fishery Management Council (Council) recommended 2010 MSB
specifications. The recommended specifications for mackerel, Illex,
Loligo, and butterfish are the same as those implemented in 2009. For
Loligo, the Council recommended a modification in accounting Trimester
1 quota underages. The Council also recommended increasing the minimum
mesh size requirement for codend covers in the Loligo fishery. The
Council submitted these recommendations, along with the required
analyses, for agency review on August 10, 2009. A proposed rule for the
2010 MSB specifications and management measures was published on
November 12, 2009 (74 FR 58234), and the public comment period for the
proposed rule ended on December 14, 2009. Details concerning the
Council's development of these measures were presented in the preamble
of the proposed rule and are not repeated here.
Final MSB Specifications and Management Measures for the 2010 Fishing
Year
This action implements the following MSB specifications and
management measures for the 2010 fishing year, which are described in
detail below.
Table 1--Final Specifications, in Metric Tons (mt), for Atlantic Mackerel, Squid, and Butterfish for 2010
Fishing Year
----------------------------------------------------------------------------------------------------------------
Specifications Loligo Illex Mackerel Butterfish
----------------------------------------------------------------------------------------------------------------
Max OY.......................................... 32,000 24,000 N/A 12,175
[[Page 5538]]
ABC............................................. 19,000 24,000 156,000 1,500
IOY \3\......................................... \1\ 18,667 24,000 \2\ 115,000 \3\ 485
DAH............................................. 18,667 24,000 \4\ 115,000 485
DAP............................................. 18,667 24,000 100,000 485
JVP............................................. 0 0 0 0
TALFF........................................... 0 0 0 0
----------------------------------------------------------------------------------------------------------------
\1\ Excludes 333 mt for Research Set-Aside (RSA).
\2\ IOY may be increased during the year, but the total ABC will not exceed 156,000 mt.
\3\ Includes a 15,000 mt catch of Atlantic mackerel by the recreational fishery.
\4\ Excludes 15 mt for RSA.
Atlantic Mackerel
This action specifies the mackerel ABC at 156,000 mt, based on the
formula ABC = T - C. T is the yield (211,000 mt) associated with a
fishing mortality rate (F) that is equal to the target F (F = 0.12); C
is the estimated catch of mackerel in Canadian waters (55,000 mt) for
the upcoming fishing year. Thus, 211,000 mt minus 55,000 mt results in
the 2010 mackerel ABC of 156,000 mt. This action also specifies the
mackerel IOY at 115,000 mt, a level that can be fully harvested by the
domestic fleet, thereby precluding the specification of TALFF while
allowing the U.S. mackerel industry to expand.
Because the harvesting ability and processing capacity exists, it
is reasonable to assume that the commercial fishery will harvest
100,000 mt of mackerel. Therefore, this action specifies the mackerel
DAH at 115,000 mt, which is the commercial harvest plus the 15,000 mt
anticipated to be harvested by the recreational fishery. Because IOY =
DAH, this specification is consistent with the Council's recommendation
that the level of IOY should not provide for TALFF.
This action specifies the mackerel DAP at 100,000 mt and the
mackerel JVP at zero. For the past 6 years, the Council has recommended
zero JVP because the surplus between DAH and DAP has been declining as
U.S. shoreside processing capacity for mackerel has expanded. The
Council also heard from the industry that the availability (i.e., size,
distribution, and abundance) of mackerel to the fishery, rather than
processing capacity, has curtailed catch in recent years. Based on this
information, the Council concluded, and NMFS concurs, that processing
capacity is no longer a limiting factor relative to domestic production
of mackerel. Consequently, if U.S. harvesters land mackerel in excess
of 100,000 mt, and should the IOY be adjusted upward, U.S. processors
have the capacity and intent to process it.
Inseason Adjustment of the Mackerel IOY
Regulations at Sec. 648.21(e) provide that specifications may be
adjusted inseason during the fishing year by the NMFS Northeast
Regional Administrator (Regional Administrator), in consultation with
the Council, by publishing a notice in the Federal Register and
providing a 30-day public comment period. In 2010, as in 2009, NMFS's
Northeast Fishery Statistic Office will summarize mackerel landings
from dealer reports on a weekly basis and post this information on the
Northeast Regional Office Web site (https://www.nero.noaa.gov/). NMFS
staff will closely monitor these landings and industry trends to
determine if an inseason adjustment is necessary. If, using landings
projections and all other available information, the Regional
Administrator determines that 70 percent of the Atlantic mackerel IOY
will be landed during the 2010 fishing year, the Regional Administrator
will make available additional quota for a total IOY of 156,000 mt of
Atlantic mackerel for harvest during 2010. Additionally, if an inseason
adjustment of the IOY is warranted, the Regional Administrator will
notify the Council and the inseason adjustment will be published in the
Federal Register.
Atlantic Squids
Loligo
This action specifies the Loligo Max OY at 32,000 mt and the ABC,
IOY, DAH, DAP at 19,000 mt. This is consistent with proxies for Loligo
target and threshold fishing mortality rates, FTarget and
FThreshold, which were revised through Amendment 9 to the
FMP (Amendment 9) (73 FR 37382, July 1, 2008) to reflect the analytical
advice provided by the most recent Loligo stock assessment review
committee (SARC 34). The FMP does not authorize the specification of
JVP and TALFF for the Loligo fishery because of the domestic industry's
capacity to harvest and process the OY for this fishery; therefore,
there will be no JVP or TALFF in 2010.
Distribution of the Loligo DAH
As was done in 2007 to 2009, this action allocates the 2010 Loligo
DAH into trimesters, consistent with the Council's recommendation. The
trimester allocations for 2010 are as follows:
Table 2--Trimester Allocation of Loligo Quota in 2010
------------------------------------------------------------------------
Metric
Trimester Percent tons \1\
------------------------------------------------------------------------
I (Jan-Apr)....................................... 43 8,027
II (May-Aug)...................................... 17 3,173
III (Sep-Dec)..................................... 40 7,467
---------------------
Total......................................... 100 18,667
------------------------------------------------------------------------
\1\ Trimester allocations after 333 mt RQ deduction.
This action will split the distribution of Trimester I underages
evenly between Trimester II and III if the underage is greater than 25
percent of the Trimester I quota. All other underages or overages will
be applied to Trimester III. This method of underage distribution will
prevent an underharvest of the annual quota, and distribute unharvested
quota evenly throughout the year. Announcements of quota adjustments
may be delayed up to 2 months after Trimester I ends due to inherent
data processing time lag and late dealer reporting in the dealer
reporting program.
Changes to Loligo Codend Mesh Size Requirements
This action will increase the ``net strengthener''/''codend cover''
minimum mesh requirement from 4.5 inches (11.3 cm) to 5 inches (12.7
cm) (inside stretch measurement), consistent with the codend mesh size
requirement currently
[[Page 5539]]
required in another Mid-Atlantic fishery (scup). This increase should
reduce bycatch of small squid and finfish in the Loligo fishery.
Illex
This action specifies the Illex Max OY, IOY, ABC, and DAH at 24,000
mt. The FMP does not authorize the specification of JVP or TALFF for
the Illex fishery because of the domestic fishing industry's capacity
to harvest and to process the IOY from this fishery.
Butterfish
The status of the butterfish stock was most recently assessed in
late 2004. That assessment concluded that, while overfishing of the
stock is not occurring, the stock is overfished. Based on this
information, the Council was notified by NMFS on February 11, 2005,
that the butterfish stock was designated as overfished, pursuant to the
requirements of section 304(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). The Council
developed a rebuilding plan for the butterfish stock in Amendment 10 to
the FMP (Amendment 10), which was approved October 7, 2009. A stock
assessment was conducted in late 2009, but the results are not yet
available. The Council recommended that the quota be restricted to
recent landings levels to prevent an expansion of the fishery and to
protect the rebuilding stocks. Therefore, in 2010, as implemented in
2009, this action sets the Max OY at 12,175 mt; the ABC at 1,500 mt;
and the IOY, DAH, and DAP at 500 mt. Harvest at these levels should
prevent overfishing of the butterfish stock in 2010. Additionally,
consistent with MSB regulations, the Council recommended, and this
action is specifying, zero TALFF for butterfish in 2010 because zero
TALFF is specified for mackerel.
Comments and Responses
Comment: One comment letter was received that indicated that quotas
for all four species should be cut in half, and that overfishing is
occurring.
Response: The most recent stock assessments for these species
indicate that overfishing is not occurring for any of them, and that
butterfish is the only species managed under the MSB Fishery Management
Plan (FMP) that is overfished. This action specifies that the
butterfish quota will remain at the reduced level of 500 mt in 2010 in
order to curtail a directed butterfish fishery consistent with the
rebuilding program for butterfish established by Amendment 10 to the
MSB FMP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866
(E.O. 12866).
NMFS, pursuant to section 604 of the Regulatory Flexibility Act,
has prepared a final regulatory flexibility analysis (FRFA), included
in this final rule, in support of the 2009 MSB specifications and
management measures. The FRFA describes the economic impact that this
final rule, along with other non-preferred alternatives, will have on
small entities.
The FRFA incorporates the economic impacts and analysis summarized
in the IRFA, a summary of the significant issues raised by the public,
and a summary of analyses prepared to support the action (i.e., the EA
and the RIR). The contents of these documents are not repeated in
detail here. A copy of the IRFA, the RIR, and the EA are available upon
request (see ADDRESSES). A complete description of the reasons why this
action is being considered, and the objectives of and legal basis for
this action, is contained in the preamble to the proposed and final
rules and is not repeated here.
Statement of Need for This Action
This action specifies 2010 specifications and management measures
for MSB fisheries and modifies existing management measures to improve
the management of MSB fisheries.
A Summary of the Significant Issues Raised by the Public Comments in
Response to the IRFA, a Summary of the Assessment of the Agency of Such
Issues, and a Statement of Any Changes Made in the Final Rule as a
Result of Such Comments
NMFS received one comment letter, but it was not related to the
IRFA or the general economic effects of the proposed action.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
Based on permit data for 2008, the numbers of potential fishing
vessels in the 2010 fisheries are as follows: 371 for Loligo/
butterfish, 77 for Illex, 2,342 for mackerel, and 2,193 vessels with
incidental catch permits for squid/butterfish. There are no large
entities participating in this fishery, as defined in section 601 of
the RFA. Therefore, there are no disproportionate economic impacts on
small entities. Many vessels participate in more than one of these
fisheries; therefore, permit numbers are not additive.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action does not contain any new collection-of-information,
reporting, recordkeeping, or other compliance requirements. It does not
duplicate, overlap, or conflict with any other Federal rules.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes, Including a Statement of the
Factual, Policy, and Legal Reasons for Selecting the Alternative
Adopted in the Final Rule and Why Each One of the Other Significant
Alternatives to the Rule Considered by the Agency Which Affect the
Impact on Small Entities Was Rejected
Actions Implemented With the Final Rule
The mackerel IOY specified in this action (115,000 mt, with 15,000
mt allocated to recreational catch) represents status quo, as compared
to 2009, and is no constraint to vessels relative to the landings in
recent years. Mackerel landings for 2004-2006 averaged 51,836 mt.
Landings in 2007 were 25,547 mt, and landings in 2008 were 21,749 mt.
This action also allows for an inseason adjustment, which would
increase the IOY up to the ABC (156,000 mt), if landings approach the
IOY early in the fishing year. Therefore, no reductions in revenues for
the mackerel fishery are expected as a result of this action.
The Loligo IOY (19,000 mt) specified in this action represents the
status quo compared to the 2009. No reductions in revenues for the
Loligo fishery are expected as a result of this action.
The accounting methods for Loligo trimester underages implemented
in this action will distribute any substantial underage in Trimester I
(greater than 25 percent of the Trimester I quota) evenly over the rest
of the year. This method of transferring quota over to Trimester II
from Trimester I may provide some economic benefits to this fishery
compared to how the fishery was prosecuted under the 2008 and 2009
specifications.
[[Page 5540]]
This action also increases the required minimum codend cover mesh
size from 4.5 inches (11.3 cm) to 5.0 inches (12.7 cm) in the Loligo
fishery. This mesh size increase is not expected to have a significant
impact on landings since most of the selectivity occurs in the codend
liner. Most vessels are equipped with nets meeting or exceeding the
proposed codend minimum mesh size, so no negative impacts on revenues
in this fishery are expected as a result of this action.
The Illex IOY (24,000 mt) specified in this action represents
status quo as compared to 2009. Implementation of this action would not
result in a reduction in revenue or a constraint on expansion of the
fishery in 2010.
The butterfish IOY specified in this action (500 mt) represents
status quo, as compared to 2009, and represents only a minimal
constraint to vessels relative to the landings in recent years. Due to
market conditions, there has not been a directed butterfish fishery in
recent years; therefore, recent landings have been low. Given the lack
of a directed butterfish fishery and low butterfish landings, this
action is not expected to reduce revenues in this fishery more than
minimally.
Alternatives to the Actions in the Final Rule
The Council analysis evaluated two alternatives for mackerel. The
first alternative would have set the ABC at 56,000 mt, IOY at 56,000
mt, and the second alternative would have set the ABC at 186,000 mt,
IOY at 115,000 mt. Based on recent harvest levels, neither of the ABC
and IOY alternatives represents a constraint on vessels in this
fishery. However, the ABC of 56,000 mt in the first alternative could
result in foregone revenue if mackerel is available to the fishery.
For Loligo, alternatives to this action would have set the Max OY
at 32,000 mt and ABC, IOY, DAH, and DAP at 19,000 mt. The alternatives
differed from this action in how Trimester underages and overages were
applied to the following Trimester quotas. The first alternative is the
status quo, and would have continued to transfer Trimester I and II
overages or underages to Trimester III. The second alternative would
make the full amount of a Trimester I underage available to Trimester
II. This action distributes any substantial underage in Trimester I
(greater than 25 percent of the Trimester I quota) evenly over the rest
of the year, which may positively impact Loligo stocks, and prevent an
underharvest of the annual quota.
For Illex, one alternative was considered, which would have set the
ABC, IOY, DAH, and DAP at 19,000 mt rather than 24,000 mt. This quota
was used between 1997 and 1999, and was associated with the SAW 21
stock assessment from 1996. However, this alternative would still allow
harvest in excess of recent landings in this fishery.
For butterfish, two alternatives were considered. The first would
have set Max OY at 12,175 mt; ABC at 4,525 mt; and IOY, DAH, and DAP
1,861 mt; which is equivalent to the 2005-2007 specifications. The
second alternative would have set Max OY at 12,175 mt; ABC at 9,131 mt;
and IOY, DAH, and DAP at 3,044 mt. The amounts in this alternative
represent the specifications that would result from the application of
the F target control rule if the butterfish stock was declared rebuilt,
and was included due to the potential for rapid rebuilding in the
butterfish stock. However, this alternative would likely result in
overfishing and the additional depletion of the spawning stock biomass
of an overfished species. None of these alternatives represent a
constraint on vessels in this fishery or would reduce revenues in the
fishery.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide was prepared.
The guide will be sent to all holders of permits issued for the MSB
fisheries. In addition, copies of this final rule and guide (i.e.,
permit holder letter) are available from the Regional Administrator and
are also available from NMFS, Northeast Region (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: January 28, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.21, paragraph (f)(2) is revised to read as follows:
Sec. 648.21 Procedures for determining initial annual amounts.
* * * * *
(f) * * *
(2) Any underages of commercial period quota for Trimester I that
are greater than 25 percent of the Trimester I quota will be divided in
half, with one portion applied to Trimester II, and one portion applied
to Trimester III of the same year. Any underages of commercial period
quota for Trimester I that are less than 25 percent of the Trimester I
quota will be applied to Trimester III of the same year. Any overages
of commercial quota for Trimesters I and II will be subtracted from
Trimester III of the same year.
* * * * *
0
3. In Sec. 648.22, paragraph (a)(2)(i) is added, and paragraph
(a)(2)(ii) is added and reserved to read as follows:
Sec. 648.22 Closure of the fishery.
(a) * * *
(2) * * *
(i) If the Regional Administrator determines that the Trimester I
closure threshold has been underharvested by 25 percent or more, then
the amount of the underharvest shall be reallocated to Trimester II and
Trimester III in equal amounts, through notice in the Federal Register.
(ii) [Reserved]
* * * * *
0
4. In Sec. 648.23, paragraph (a)(3)(i) is revised to read as follows:
Sec. 648.23 Gear restrictions.
(a) * * *
(3) * * *
(i) Net obstruction or constriction. Owners or operators of otter
trawl vessels fishing for and/or possessing Loligo shall not use any
device, gear, or material, including, but not limited to, nets, net
strengtheners, ropes, lines, or chafing gear, on the top of the
regulated portion of a trawl net that results in an effective mesh
opening of less than 17/8 inches (48 mm) diamond mesh, inside stretch
measure. ``Top of the regulated portion of the net'' means the 50
percent of the entire regulated portion of the net that would not be in
contact with the ocean bottom if, during a tow, the regulated portion
of the net were laid flat on the ocean floor. However, owners
[[Page 5541]]
or operators of otter trawl vessels fishing for and/or possessing
Loligo may use net strengtheners (covers), splitting straps, and/or
bull ropes or wire around the entire circumference of the codend,
provided they do not have a mesh opening of less than 5 inches (12.7
cm) diamond mesh, inside stretch measure. For the purpose of this
requirement, head ropes are not to be considered part of the top of the
regulated portion of a trawl net.
* * * * *
[FR Doc. 2010-2282 Filed 2-2-10; 8:45 am]
BILLING CODE 3510-22-P
