Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications, 27219-27221 [2010-11613]
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
6. The authority citation for part 635
continues to read as follows:
■
50 CFR Part 648
Authority: 16 U.S.C. 1801 et seq.
[Docket No. 100105009–0167–02]
7. In § 635.21, paragraph (a)(4)(vi) is
removed and reserved and paragraph
(a)(4)(vii) is added to read as follows:
■
RIN 0648–AY51
§ 635.21 Gear operation and deployment
restrictions.
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(a) * * *
(4) * * *
(vii) Caribbean, Gulf, and South
Atlantic EEZ area closures related to
Deepwater Horizon oil spill. Effective
May 11, 2010, no vessel issued, or
required to be issued, a permit under
this part, may fish or deploy any type
of fishing gear in the areas designated at
§§ 622.33(c), 622.34(n), or 622.35(m) of
this chapter.
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PART 640—SPINY LOBSTER FISHERY
OF THE GULF OF MEXICO AND
SOUTH ATLANTIC
8. The authority citation for part 640
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
9. In § 640.7, paragraph (x) is added to
read as follows:
■
§ 640.7
Prohibitions.
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(x) Harvest a spiny lobster, effective
May 11, 2010, in the portion of the Gulf
or South Atlantic EEZ designated in
§ 622.34(n) or § 622.35(m) of this
chapter, respectively, due to the
Deepwater Horizon oil spill.
PART 654—STONE CRAB FISHERY OF
THE GULF OF MEXICO
10. The authority citation for part 654
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
11. In § 654.7, paragraph (r) is
removed and reserved and paragraph(s)
is added to read as follows:
■
§ 654.7
Prohibitions.
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(s) Pull or tend a stone crab trap,
effective May 11, 2010, in the portion of
the Gulf EEZ designated in § 622.34(n)
of this chapter, due to the Deepwater
Horizon oil spill.
[FR Doc. 2010–11601 Filed 5–11–10; 4:15 pm]
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Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fisheries; 2010 Atlantic Deep-Sea Red
Crab Specifications
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues final
specifications for the 2010 Atlantic
deep-sea red crab fishery, including a
target total allowable catch (TAC) and a
fleet-wide days-at-sea (DAS) allocation.
The intent of this rulemaking is to
specify the target TAC and other
management measures in order to
manage the red crab resource for fishing
year (FY) 2010.
DATES: This rule is effective on June 14,
2010.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment (EA) and the Initial
Regulatory Flexibility Analysis (IRFA)
are available from Paul Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. The
specifications document is also
accessible via the Internet at https://
www.nefmc.org. NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA),
which is contained in the Classification
section of this rule. The FRFA consists
of the IRFA, public comments and
responses contained in this final rule,
and a summary of impacts and
alternatives contained in this final rule.
The small entity compliance guide is
available from Patricia A. Kurkul,
Regional Administrator, Northeast
Regional Office, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930–2298, and
on the Northeast Regional Office’s
website at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
Background
The Red Crab FMP includes a
specification process that requires the
New England Fishery Management
Council (Council) to recommend, on a
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27219
triennial basis, a target TAC and a fleet
DAS allocation that is consistent with
that target TAC. In FY 2009, NMFS
published a temporary emergency rule
to modify the 2009 target TAC and fleet
DAS to be consistent with the
recommendations of the Data Poor
Stocks Working Group and Review
Panel (Working Group). The Working
Group recommended a reduction in the
maximum sustainable yield (MSY) to
3.75–4.19 million lb (1,700–1,900 mt).
In keeping with the FMP in setting the
target TAC at 95 percent of MSY, NMFS
implemented a target TAC of 3.56
million lb (1,615 mt), and reduced the
fleet DAS allocation from 780 DAS to
582 DAS. The fleet DAS allocation is
divided equally among the vessels
active in the fishery, which can vary
from year to year. For FY 2009, the
allocation was initially divided among
four vessels; however, NMFS allowed
one of the four vessels to opt out of the
fishery for the FY and reallocated the
fleet DAS to the remaining three vessels.
It is expected that four vessels will be
active in the red crab fishery in FY
2010. The Council has requested
waiving the 6–month notification
requirement for opting out of the red
crab fishery for FY 2010.
In September 2009, the Council’s
Scientific and Statistical Committee
(SSC) accepted the Working Group’s
recommendation that MSY for red crab
should be set within the range 3.75–4.19
million lb (1,700–1,900 mt), and
recommended that the interim
acceptable biological catch (ABC) be set
commensurate with recent catch. The
SSC determined recent catch to be the
amount of red crab landed in FY 2007,
which was 2.83 million lb (1,284 mt).
The landings in FY 2007 were the
lowest since the implementation of the
FMP in 2002. Despite the
recommendation from the SSC that the
target TAC not exceed an ABC of 2.83
million lb (1,284 mt), the Council
recommended a target TAC and fleet
DAS allocation equal to the 2009
emergency rule, 3.56 million lb (1,615
mt) and 582 DAS, respectively. The
Council based its target TAC on the
MSY advice from the Working Group,
rather than that recommended by the
SSC, because the Council considered
the advice of the Working Group to
provide an acceptably low risk of
avoiding overfishing. The Council
further requested the SSC to reconsider
its recommendation for red crab.
In response to this request from the
Council to reconsider its
recommendation, the SSC met on March
16–17, 2010, and determined that the
interim ABC for red crab should be
revised. The SSC has determined that
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the model results from the Working
Group are an underestimate of MSY, but
could not determine by how much. The
SSC now recommends that the ABC for
red crab be set equal to long-term
average landings (3.91 million lb; 1,775
mt). The SSC considers this level of
landings to be sustainable and
comfortably below the actual MSY level.
Final Specifications
In the proposed rule, NMFS proposed
setting the target TAC equal to the
original SSC recommendation because
this level would be consistent with the
best available science, but noted that if
the SSC revised its ABC
recommendation prior to the
publication of the final specifications
for FY 2010, NMFS would consider
revising the specifications to the levels
recommended by the Council. However,
the red crab regulations at § 648.260
provided no explicit authority for NMFS
to have proposed specifications that
differed from the Council’s
recommendation. Accordingly, based on
this regulatory constraint, because the
specifications recommended by the
Council exceeded the ABC
recommended by the Council’s SSC,
had the ABC recommendation of the
SSC not changed, NMFS would have
had no alternative but to disapprove the
Council’s proposed specifications in the
final rule. But, based on the new ABC
recommendation by the Council’s SSC,
NMFS is able to approve the FY 2010
specifications, which are now consistent
with the best scientific information
available, at the level recommended by
the Council.
Therefore, this final rule adopts the
Council’s recommended target TAC of
3.56 million lb (1,615 mt) and DAS
allocation of 582 DAS, instead of the
proposed target TAC of 2.83 million lb
(1,284 mt) and 464 fleet DAS allocation.
Although this is consistent with the
Council’s recommendation, it remains
less than the most recent ABC
recommendation by the SSC because, as
explained above, the red crab
specification regulations do not grant
NMFS the authority to implement a
target TAC different than that
recommended by the Council. As an
alternative, the red crab regulations at
§ 648.260(a)(3) authorize NMFS to make
an in-season adjustment of the
specifications, after consultation with
the Council and an opportunity for
additional public comment.
Other Measures
NMFS is also adopting the Council’s
request to waive the 6–month
notification requirement for vessels to
opt out of the red crab fishery for FY
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2010. Currently, vessel owners must
inform NMFS of their intention to opt
out of the fishery 6 months prior to the
start of the next fishing; i.e., by
September 1. NMFS is adopting the
Council’s request because the
specification decisions were not made
until after September.
As described in the FMP, and
specified at § 648.260(b)(2), if the
effective date of a final rule falls after
the start of the FY on March 1, fishing
may continue under the specifications
for the previous year. Because the
specifications that were put in place
under the emergency action expired on
February 28, 2010, the target TAC and
DAS allocation reverted to those
previously specified in the regulations
(5.928 million lb (2,688 mt) and 780
DAS, respectively). However, any DAS
used by a vessel on or after March 1 will
be counted against the DAS allocation
the vessel receives for FY 2010.
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Included in this final rule is the FRFA
prepared pursuant to 5 U.S.C. 604(a).
The FRFA incorporates the IRFA, a
summary of the significant issues raised
by the public comments in response to
the IRFA, and NMFS’s responses to
those comments, and a summary of the
analyses completed to support the
action. A copy of the EA/Regulatory
Impact Review/IRFA is available from
the Council (see ADDRESSES).
The preamble to the proposed rule
included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated here.
Comment and Response
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for these
specifications are explained in the
preambles to the proposed rule and this
final rule and are not repeated here.
One comment was received from the
Atlantic Red Crab Company, requesting
NMFS to adopt the SSC’s revised ABC
recommendation of 3.91 million lb
(1,775 mt) as the target TAC, which
would have a positive economic impact
on the red crab industry. As stated
above, NMFS does not have the
regulatory authority to implement a
target TAC that is greater than the
Council’s recommended level; however,
the regulations do provide for an inseason adjustment of the specifications,
after consultation with the Council.
Therefore, at this time, NMFS is
implementing the specifications
recommended by the Council.
Following an opportunity to consult
with the Council, NMFS may consider
a mid-year adjustment to the
specifications.
One comment was also received from
the Council requesting NMFS to adopt
its recommended specifications of 3.56
million lb (1,615 mt) based on the SSC’s
revised recommendation for ABC, and
noting that the Council intends to
consider recommending that the target
TAC be adjusted according to the
procedures laid out in the FMP at its
earliest opportunity. This final rule
adopts the Council’s recommended
target TAC of 3.56 million lb. As stated
above, NMFS may consider a mid-year
adjustment to the specifications.
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 Deep-Sea Red Crab FMP, other
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Final Regulatory Flexibility Analysis
Statement of Objective and Need
Summary of Significant Issues Raised in
Public Comments
Two comments were submitted on the
proposed rule; while they were not
specific to the IRFA, one did comment
on the economic effects of the rule.
NMFS has responded to the comments
in the Comments and Responses section
of the preamble to this final rule. No
changes were made to the final rule as
a result of the comments received.
Description and Estimated of Number of
Small Entities to Which the Rule will
Apply
There are no large entities that
participate in this fishery, as defined in
section 601 of the RFA; therefore, there
are no disproportionate effects on small
versus large entities. Information on
costs in the fishery are not readily
available, and individual vessel
profitability cannot be determined
directly; therefore, changes in gross
revenues were used as a proxy for
profitability. In the absence of
quantitative data, qualitative analyses
were conducted.
The participants in the commercial
sector are the owners of vessels issued
limited access red crab vessel permits.
There are five limited access red crab
vessel permits, although only three
vessels participated in the fishery in FY
2009.
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
Description of the Steps Taken to
Minimize Economic Impact on Small
Entities
Specification of the target TAC and
corresponding fleet DAS allocation is
constrained by the conservation
objectives of the FMP, under the
authority of the Magnuson-Stevens Act.
The target TAC contained in this final
rule is equal to the FY 2009 target TAC,
and roughly 20 percent higher than
actual FY 2009 commercial red crab
landings. Whereas a limited market has
been responsible for the shortfall in
landings compared to the target TAC,
red crab vessel owners have invested
heavily in a new processing plant in
New Bedford, MA, and have developed
new marketing outlets with hopes to
increase demand for their product.
Further, the Council considered three
alternatives, and this rule implements
the alternative that has the highest target
TAC and DAS allocation that is
consistent with both the FMP and the
best available science.
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 will be
sent to all holders of Federal permits
issued for the Atlantic red crab fishery.
In addition, copies of this final rule and
guide (i.e., permit holder letter) are
available from NMFS (see ADDRESSES)
and at the following website: https://
www.nero.noaa.gov.
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List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
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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 § 648.4, paragraph
(a)(13)(i)(B)(2)(ii) is revised to read as
follows:
■
§ 648.4
Vessel permits.
(a) * * *
(13) * * *
(i) * * *
(B) * * *
(2) * * *
(ii) A limited-access permit holder
may choose to declare out of the red
crab fishery for the next fishing year by
submitting a binding declaration on a
form supplied by the Regional
Administrator, which must be received
by NMFS at least 180 days before the
last day of the current fishing year.
NMFS will presume that a vessel
intends to fish during the next fishing
year unless such binding declaration is
received at least 180 days before the last
day of the current fishing year. Any
limited-access permit holder who has
submitted a binding declaration must
submit either a new binding declaration
or a renewal application for the year
after which they were declared out of
the fishery. For the 2010 fishing year
only, the 6–month notification
requirement is waived, and a vessel may
be declared out of the fishery at any
time prior to fishing under a limited
access red crab DAS during the 2010
fishing year.
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■ 3. In § 648.260, paragraph (a)(1) is
revised to read as follows:
§ 648.260
Specifications.
(a) * * *
(1) Target total allowable catch. The
target TAC for each fishing year will be
3.56 million lb (1,615 mt), unless
modified pursuant to this paragraph.
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■ 4. In § 648.262, paragraph (b)(2) is
revised to read as follows:
§ 648.262 Effort-control program for red
crab limited access vessels.
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(b) * * *
(2) For fishing years 2010 and
thereafter. Each limited access permit
holder shall be allocated 116 DAS
unless one or more vessels declares out
of the fishery consistent with
§ 648.4(a)(13)(i)(B)(2)(ii) or the TAC is
adjusted consistent with § 648.260.
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[FR Doc. 2010–11613 Filed 5–13–10; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100204079–0199–02]
RIN 0648–XQ49
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery; 2010
Atlantic Bluefish Specifications
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; final specifications
for the 2010 Atlantic bluefish fishery.
SUMMARY: NMFS issues final
specifications for the 2010 Atlantic
bluefish fishery, including state-by-state
commercial quotas, a recreational
harvest limit, and recreational
possession limits for Atlantic bluefish
off the east coast of the U.S. The intent
of these specifications is to establish the
allowable 2010 harvest levels and
possession limits to attain the target
fishing mortality rate (F), consistent
with the Atlantic Bluefish Fishery
Management Plan (FMP).
DATES: Effective June 14, 2010, through
December 31, 2010.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment (EA) and the Initial
Regulatory Flexibility Analysis (IRFA)
are available from Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
2115, Federal Building, 300 South
Street, Dover, DE 19901–6790. The
specifications document is also
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 this rule. The
FRFA consists of the IRFA, public
comments and responses contained in
this final rule, and a summary of
impacts and alternatives contained in
this final rule. The small entity
compliance guide is available from
Patricia A. Kurkul, Regional
Administrator, Northeast Regional
Office, National Marine Fisheries
Service, 55 Great Republic Drive,
Gloucester, MA 01930–2298, and on the
Northeast Regional Office’s website at
https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah Heil, Fishery Management
Specialist, (978) 281–9257.
SUPPLEMENTARY INFORMATION:
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[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27219-27221]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11613]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100105009-0167-02]
RIN 0648-AY51
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2010 Atlantic deep-
sea red crab fishery, including a target total allowable catch (TAC)
and a fleet-wide days-at-sea (DAS) allocation. The intent of this
rulemaking is to specify the target TAC and other management measures
in order to manage the red crab resource for fishing year (FY) 2010.
DATES: This rule is effective on June 14, 2010.
ADDRESSES: Copies of the specifications document, including the
Environmental Assessment (EA) and the Initial Regulatory Flexibility
Analysis (IRFA) are available from Paul Howard, Executive Director, New
England Fishery Management Council, 50 Water Street, Newburyport, MA
01950. The specifications document is also accessible via the Internet
at https://www.nefmc.org. NMFS prepared a Final Regulatory Flexibility
Analysis (FRFA), which is contained in the Classification section of
this rule. The FRFA consists of the IRFA, public comments and responses
contained in this final rule, and a summary of impacts and alternatives
contained in this final rule. The small entity compliance guide is
available from Patricia A. Kurkul, Regional Administrator, Northeast
Regional Office, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930-2298, and on the Northeast Regional
Office's website at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
Background
The Red Crab FMP includes a specification process that requires the
New England Fishery Management Council (Council) to recommend, on a
triennial basis, a target TAC and a fleet DAS allocation that is
consistent with that target TAC. In FY 2009, NMFS published a temporary
emergency rule to modify the 2009 target TAC and fleet DAS to be
consistent with the recommendations of the Data Poor Stocks Working
Group and Review Panel (Working Group). The Working Group recommended a
reduction in the maximum sustainable yield (MSY) to 3.75-4.19 million
lb (1,700-1,900 mt). In keeping with the FMP in setting the target TAC
at 95 percent of MSY, NMFS implemented a target TAC of 3.56 million lb
(1,615 mt), and reduced the fleet DAS allocation from 780 DAS to 582
DAS. The fleet DAS allocation is divided equally among the vessels
active in the fishery, which can vary from year to year. For FY 2009,
the allocation was initially divided among four vessels; however, NMFS
allowed one of the four vessels to opt out of the fishery for the FY
and reallocated the fleet DAS to the remaining three vessels. It is
expected that four vessels will be active in the red crab fishery in FY
2010. The Council has requested waiving the 6-month notification
requirement for opting out of the red crab fishery for FY 2010.
In September 2009, the Council's Scientific and Statistical
Committee (SSC) accepted the Working Group's recommendation that MSY
for red crab should be set within the range 3.75-4.19 million lb
(1,700-1,900 mt), and recommended that the interim acceptable
biological catch (ABC) be set commensurate with recent catch. The SSC
determined recent catch to be the amount of red crab landed in FY 2007,
which was 2.83 million lb (1,284 mt). The landings in FY 2007 were the
lowest since the implementation of the FMP in 2002. Despite the
recommendation from the SSC that the target TAC not exceed an ABC of
2.83 million lb (1,284 mt), the Council recommended a target TAC and
fleet DAS allocation equal to the 2009 emergency rule, 3.56 million lb
(1,615 mt) and 582 DAS, respectively. The Council based its target TAC
on the MSY advice from the Working Group, rather than that recommended
by the SSC, because the Council considered the advice of the Working
Group to provide an acceptably low risk of avoiding overfishing. The
Council further requested the SSC to reconsider its recommendation for
red crab.
In response to this request from the Council to reconsider its
recommendation, the SSC met on March 16-17, 2010, and determined that
the interim ABC for red crab should be revised. The SSC has determined
that
[[Page 27220]]
the model results from the Working Group are an underestimate of MSY,
but could not determine by how much. The SSC now recommends that the
ABC for red crab be set equal to long-term average landings (3.91
million lb; 1,775 mt). The SSC considers this level of landings to be
sustainable and comfortably below the actual MSY level.
Final Specifications
In the proposed rule, NMFS proposed setting the target TAC equal to
the original SSC recommendation because this level would be consistent
with the best available science, but noted that if the SSC revised its
ABC recommendation prior to the publication of the final specifications
for FY 2010, NMFS would consider revising the specifications to the
levels recommended by the Council. However, the red crab regulations at
Sec. 648.260 provided no explicit authority for NMFS to have proposed
specifications that differed from the Council's recommendation.
Accordingly, based on this regulatory constraint, because the
specifications recommended by the Council exceeded the ABC recommended
by the Council's SSC, had the ABC recommendation of the SSC not
changed, NMFS would have had no alternative but to disapprove the
Council's proposed specifications in the final rule. But, based on the
new ABC recommendation by the Council's SSC, NMFS is able to approve
the FY 2010 specifications, which are now consistent with the best
scientific information available, at the level recommended by the
Council.
Therefore, this final rule adopts the Council's recommended target
TAC of 3.56 million lb (1,615 mt) and DAS allocation of 582 DAS,
instead of the proposed target TAC of 2.83 million lb (1,284 mt) and
464 fleet DAS allocation. Although this is consistent with the
Council's recommendation, it remains less than the most recent ABC
recommendation by the SSC because, as explained above, the red crab
specification regulations do not grant NMFS the authority to implement
a target TAC different than that recommended by the Council. As an
alternative, the red crab regulations at Sec. 648.260(a)(3) authorize
NMFS to make an in-season adjustment of the specifications, after
consultation with the Council and an opportunity for additional public
comment.
Other Measures
NMFS is also adopting the Council's request to waive the 6-month
notification requirement for vessels to opt out of the red crab fishery
for FY 2010. Currently, vessel owners must inform NMFS of their
intention to opt out of the fishery 6 months prior to the start of the
next fishing; i.e., by September 1. NMFS is adopting the Council's
request because the specification decisions were not made until after
September.
As described in the FMP, and specified at Sec. 648.260(b)(2), if
the effective date of a final rule falls after the start of the FY on
March 1, fishing may continue under the specifications for the previous
year. Because the specifications that were put in place under the
emergency action expired on February 28, 2010, the target TAC and DAS
allocation reverted to those previously specified in the regulations
(5.928 million lb (2,688 mt) and 780 DAS, respectively). However, any
DAS used by a vessel on or after March 1 will be counted against the
DAS allocation the vessel receives for FY 2010.
Comment and Response
One comment was received from the Atlantic Red Crab Company,
requesting NMFS to adopt the SSC's revised ABC recommendation of 3.91
million lb (1,775 mt) as the target TAC, which would have a positive
economic impact on the red crab industry. As stated above, NMFS does
not have the regulatory authority to implement a target TAC that is
greater than the Council's recommended level; however, the regulations
do provide for an in-season adjustment of the specifications, after
consultation with the Council. Therefore, at this time, NMFS is
implementing the specifications recommended by the Council. Following
an opportunity to consult with the Council, NMFS may consider a mid-
year adjustment to the specifications.
One comment was also received from the Council requesting NMFS to
adopt its recommended specifications of 3.56 million lb (1,615 mt)
based on the SSC's revised recommendation for ABC, and noting that the
Council intends to consider recommending that the target TAC be
adjusted according to the procedures laid out in the FMP at its
earliest opportunity. This final rule adopts the Council's recommended
target TAC of 3.56 million lb. As stated above, NMFS may consider a
mid-year adjustment to the specifications.
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 Deep-Sea Red Crab FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Included in this final rule is the FRFA prepared pursuant to 5
U.S.C. 604(a). The FRFA incorporates the IRFA, a summary of the
significant issues raised by the public comments in response to the
IRFA, and NMFS's responses to those comments, and a summary of the
analyses completed to support the action. A copy of the EA/Regulatory
Impact Review/IRFA is available from the Council (see ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for these specifications are
explained in the preambles to the proposed rule and this final rule and
are not repeated here.
Summary of Significant Issues Raised in Public Comments
Two comments were submitted on the proposed rule; while they were
not specific to the IRFA, one did comment on the economic effects of
the rule. NMFS has responded to the comments in the Comments and
Responses section of the preamble to this final rule. No changes were
made to the final rule as a result of the comments received.
Description and Estimated of Number of Small Entities to Which the Rule
will Apply
There are no large entities that participate in this fishery, as
defined in section 601 of the RFA; therefore, there are no
disproportionate effects on small versus large entities. Information on
costs in the fishery are not readily available, and individual vessel
profitability cannot be determined directly; therefore, changes in
gross revenues were used as a proxy for profitability. In the absence
of quantitative data, qualitative analyses were conducted.
The participants in the commercial sector are the owners of vessels
issued limited access red crab vessel permits. There are five limited
access red crab vessel permits, although only three vessels
participated in the fishery in FY 2009.
[[Page 27221]]
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken to Minimize Economic Impact on Small
Entities
Specification of the target TAC and corresponding fleet DAS
allocation is constrained by the conservation objectives of the FMP,
under the authority of the Magnuson-Stevens Act. The target TAC
contained in this final rule is equal to the FY 2009 target TAC, and
roughly 20 percent higher than actual FY 2009 commercial red crab
landings. Whereas a limited market has been responsible for the
shortfall in landings compared to the target TAC, red crab vessel
owners have invested heavily in a new processing plant in New Bedford,
MA, and have developed new marketing outlets with hopes to increase
demand for their product. Further, the Council considered three
alternatives, and this rule implements the alternative that has the
highest target TAC and DAS allocation that is consistent with both the
FMP and the best available science.
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 will be sent
to all holders of Federal permits issued for the Atlantic red crab
fishery. In addition, copies of this final rule and guide (i.e., permit
holder letter) are available from NMFS (see ADDRESSES) and at the
following website: https://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons stated 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. 648.4, paragraph (a)(13)(i)(B)(2)(ii) is revised to read as
follows:
Sec. 648.4 Vessel permits.
(a) * * *
(13) * * *
(i) * * *
(B) * * *
(2) * * *
(ii) A limited-access permit holder may choose to declare out of
the red crab fishery for the next fishing year by submitting a binding
declaration on a form supplied by the Regional Administrator, which
must be received by NMFS at least 180 days before the last day of the
current fishing year. NMFS will presume that a vessel intends to fish
during the next fishing year unless such binding declaration is
received at least 180 days before the last day of the current fishing
year. Any limited-access permit holder who has submitted a binding
declaration must submit either a new binding declaration or a renewal
application for the year after which they were declared out of the
fishery. For the 2010 fishing year only, the 6-month notification
requirement is waived, and a vessel may be declared out of the fishery
at any time prior to fishing under a limited access red crab DAS during
the 2010 fishing year.
* * * * *
0
3. In Sec. 648.260, paragraph (a)(1) is revised to read as follows:
Sec. 648.260 Specifications.
(a) * * *
(1) Target total allowable catch. The target TAC for each fishing
year will be 3.56 million lb (1,615 mt), unless modified pursuant to
this paragraph.
* * * * *
0
4. In Sec. 648.262, paragraph (b)(2) is revised to read as follows:
Sec. 648.262 Effort-control program for red crab limited access
vessels.
* * * * *
(b) * * *
(2) For fishing years 2010 and thereafter. Each limited access
permit holder shall be allocated 116 DAS unless one or more vessels
declares out of the fishery consistent with Sec.
648.4(a)(13)(i)(B)(2)(ii) or the TAC is adjusted consistent with Sec.
648.260.
* * * * *
[FR Doc. 2010-11613 Filed 5-13-10; 8:45 am]
BILLING CODE 3510-22-S
