Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Pollock Catch Limit Revisions, 41996-41998 [2010-17693]
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41996
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Rules and Regulations
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
transferred quota from the Reserve to
the Angling category so that 1.7 mt (the
amount established in the 2010 BFT
quota specifications) would be available
for the landing of trophy BFT in the
northern area. NMFS has determined
that the northern area trophy BFT
subquota has been reached. Therefore,
through December 31, 2010, fishing for,
retaining, possessing, or landing large
medium or giant BFT north of 39° 18’
N. lat. by persons aboard vessels
permitted in the HMS Angling category
and the HMS Charter/Headboat category
(while fishing recreationally) must cease
at 11:59 p.m. on July 18, 2010.
The intent of this closure is to prevent
overharvest of the Angling category
northern area trophy BFT subquota.
Anglers are reminded that all nontournament BFT landed under the
Angling category quota must be reported
within 24 hours of landing either online
at www.hmspermits.gov or by calling
(888) 872–8862. In Maryland and North
Carolina, vessel owners must report
their recreational tuna landings at stateoperated reporting stations. For
additional information on these
programs, including reporting station
locations, please call (410) 213–1351
(Maryland) or (800) 338–7804 (North
Carolina).
Anglers may catch and release (or tag
and release) BFT of all sizes, subject to
the requirements of the catch-andrelease and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all released BFT must be returned to the
sea immediately with a minimum of
injury and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1).
If needed, subsequent Angling
category adjustments will be published
in the Federal Register. In addition,
fishermen may call the Atlantic Tunas
Information Line at (888) 872–8862 or
(978) 281–9260, or access
www.hmspermits.gov, for updates.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
Consolidated HMS FMP provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
fishery. The closure of the northern area
Angling category trophy fishery is
necessary to prevent overharvest of the
Angling category northern area trophy
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15:05 Jul 19, 2010
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BFT subquota. NMFS provides
notification of closures by publishing
the notice in the Federal Register, emailing individuals who have
subscribed to the Atlantic HMS News
electronic newsletter, and updating the
information posted on the Atlantic
Tunas Information Line and on
www.hmspermits.gov.
These fisheries are currently
underway and delaying this action
would be contrary to the public interest
as it could result in excessive BFT
landings that may result in future
potential quota reductions for the
Angling category. NMFS must close the
northern area trophy BFT fishery before
additional landings of these size BFT
accumulate. Therefore, the AA finds
good cause under 5 U.S.C. 553(b)(B) to
waive prior notice and the opportunity
for public comment. For all of the above
reasons, there is good cause under 5
U.S.C. 553(d) to waive the 30–day delay
in effectiveness.
This action is being taken under 50
CFR 635.28(a)(1), and is exempt from
review under Executive Order 12866.
Multispecies Fishery Management Plan
(FMP), based on the most recent and
best available scientific information.
Specifically, this emergency action
increases fishing year (FY) 2010 pollock
catch levels specified by Framework
Adjustment (FW) 44, including
Overfishing Levels (OFLs), Acceptable
Biological Catches (ABCs), Annual
Catch Limits (ACLs), ACL components,
incidental Total Allowable Catches
(TACs) for special management
programs, and sector Annual Catch
Entitlements (ACEs). The ACL
components include sub-ACLs for the
common pool and sectors. This action is
intended to provide additional fishing
opportunities, consistent with the FMP
and the Magnuson-Stevens Act.
DATES: Effective July 15, 2010, through
January 11, 2011. Comments must be
received by August 19, 2010.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Warren, Fishery Policy
Analyst, (978) 281–9347, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Background
This final rule implements emergency
measures, authorized by section 305(c)
of the Magnuson-Stevens Act, to revise
current pollock catch limits
immediately. On May 1, 2010, NMFS
implemented catch limits developed by
the New England Fishery Management
Council (Council) under FW 44 (75 FR
18356; April 9, 2010) for all groundfish
stocks, including pollock, for FY 2010
through 2012. The catch levels specified
by FW 44 included OFLs, ABCs, ACLs,
ACL components, and incidental TACs
for special management programs. The
ACL components included sub-ACLs for
the common pool and sectors. On May
26, 2010, NMFS published (75 FR
29459) adjusted ACL subcomponents
and adjusted sector ACEs in order to
reflect changes to the sector rosters just
prior to the start of FY 2010.
The FW 44 catch levels for all stocks,
including pollock, were based upon the
most recent scientific information
available at that time, i.e., the stock
assessments conducted by the
Groundfish Assessment Review Meeting
(GARM III) in 2008, as well as
subsequent pertinent information for
pollock, as explained below. GARM III
originally characterized pollock as
overfished and subject to overfishing
and, in accordance with required
procedures, NMFS notified the Council
of the status of the stock on September
2, 2008. Subsequent correspondence
resulted in two modifications to the
characterization of the status of the
pollock biomass. A September 16, 2008,
Dated: July 15, 2010.
Galen Tromble,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–17695 Filed 7–15–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100427197–0207–01]
RIN 0648–AY86
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Pollock Catch Limit Revisions
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Emergency rule; request for
comments.
SUMMARY: NMFS issues this final rule
pursuant to its authority to issue
emergency measures under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). This
emergency action implements new stock
status determination criteria for pollock
and associated increases in pollock
catch limits under the Northeast (NE)
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Fmt 4700
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20JYR1
41997
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Rules and Regulations
letter from the Council to NMFS noted
that these determinations regarding
stock status were based upon erroneous
methods. NMFS noted this error and
subsequently made corrections[t3] to the
methods and revised the
characterization of the pollock stock
status as approaching an overfished
condition, but still likely subject to
overfishing (October 3, 2008, NMFS
letter to the Council). The stock status
determination was revised a third time
in order to incorporate the most recent
scientific information (fall 2008 trawl
survey data), which again characterized
the pollock stock as overfished and
subject to overfishing (February 6, 2009,
NMFS letter to the Council).
Due to the high uncertainty of the
determination of pollock stock status (as
noted in the GARM III stock assessment
conclusions), the NMFS Northeast
Fisheries Science Center, in conjunction
with the Northeast Region Coordinating
Council, which provides advice on the
scheduling and prioritization of stock
assessments, agreed to schedule another
pollock stock assessment in 2010. In
addition, the Council’s Scientific and
Statistical Committee (SSC)
recommended that pollock should be
reassessed as soon as possible so that
they may have a more reliable basis for
any projections and catch advice. The
2010 pollock benchmark stock
assessment was scheduled as soon as
practicable, after considering the
availability date of pertinent data, and
other constraints.
The pollock peer reviewed benchmark
stock assessment review (SAW 50) was
completed during the first week of June
2010, and the final summary report was
completed on July 14, 2010. The
conclusions in this report indicate that
overfishing is not occurring, the stock is
not overfished, and the stock is rebuilt.
Based on this information, the estimates
for spawning stock biomass size and
fishing mortality in 2009 are 196,000 mt
(2.2 times Bmsy proxy) and 0.07 (28
percent of Fmsy), respectively.
NMFS policy guidelines for the use of
emergency rules (62 FR 44421; August
21, 1997) specify the following three
criteria that define what an emergency
situation is, and justification for final
rulemaking: (1) The emergency results
from recent, unforeseen events or
recently discovered circumstances; (2)
the emergency presents serious
conservation or management problems
in the fishery; and (3) the emergency
can be addressed through emergency
regulations for which the immediate
benefits outweigh the value of advance
notice, public comment, and
deliberative consideration of the
impacts on participants to the same
VerDate Mar<15>2010
15:05 Jul 19, 2010
Jkt 220001
extent as would be expected under the
normal rulemaking process. NMFS
policy guidelines further provide that
emergency action is justified for certain
situations where emergency action
would prevent significant direct
economic loss, or to preserve a
significant economic opportunity that
otherwise might be foregone.
The new information from the pollock
benchmark stock assessment considered
to be a ‘‘recently discovered
circumstance,’’ which, in the context of
the current FMP and low pollock catch
limits specified for FY 2010, has been
determined by NMFS to represent an
emergency situation. This circumstance
is the results of the recently conducted
assessment of pollock, which
significantly revises the status of this
stock. Although the new assessment has
been ongoing for a number of weeks, it
was not possible to have predicted its
final outcome; nor could the results
have been expedited due to the need to
convene the necessary scientists, several
of whom are not affiliated with NOAA,
to complete the assessment and its peer
review.
The emergency presents serious
conservation and management problems
because the low catch limits for pollock
could result in substantially reduced
fishing effort and decreased catch and
revenue especially in light of the
multiple species included in the fishery.
When the projected catch of the ACL for
a single stock such as pollock triggers a
reduction or cessation of fishing effort
(as required by the FMP for common
pool and sector vessels, respectively),
numerous other stocks that are caught
concurrently with pollock may also be
reduced.
NMFS has determined that the
current situation meets the criteria for
emergency action. Because this is a
Secretarial emergency action, not a
Council action, the involvement of the
SSC in the specification of ABC is not
specifically required, although the
emergency rule must still be consistent
with the best scientific information
available. Although NMFS could wait
for the SSC to consider the new
assessment, the time necessary to
complete such a process would unduly
delay the possibility of meeting the
emergency exigencies of this matter.
Due to the urgency of this issue, NMFS
has relied upon the Amendment 16
control rule for ABC established by the
SSC to ensure consistency with the
SSC’s most recent advice concerning the
appropriate level of ABC. Specifically,
the control rule states that for most
stocks, including pollock, the ABC
should be determined as the catch
associated with 75 percent of Fmsy, or
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Frm 00035
Fmt 4700
Sfmt 4700
the catch associated with fishing
mortality that meets the rebuilding
requirements (whichever is lower). The
duration of this action is limited by the
Magnuson-Stevens Act to 180 days,
however NMFS will re-evaluate the
status of the fishery at the end of the 180
days and may extend this action in
order to make the catch limits effective
for the duration of the fishing year
(through April 30, 2011), consistent
with the authority in the MagnusonStevens Act to extend emergency
actions for up to an additional 186 days.
Based upon the stock assessment
results, NMFS is revising the stock
Status Determination Criteria for
pollock. The revised biomass target
parameter (Bmsy proxy) is SSB msy (40
percent Maximum Spawning Potential
(MSP)) (91,000 mt); and the maximum
fishing mortality threshold is the Fmsy
proxy (F 40 percent MSP) (0.25).
The revised pollock catch limits are
contained in Tables 1 and 2 below.
Consistent with the FMP, the incidental
catch TAC is divided between the
Regular B DAS Program (84 percent)
and the Closed Area I Hook Gear
Haddock Special Access Program (14
percent).
TABLE 1. REVISED POLLOCK CATCH
LEVELS FOR FY 2010
Pollock Catch Limit
Current
Specification
(mt) FW 44
Adjustment
Revised
Specification
(mt)
OFL of Catch
5,084
25,200
ABC
3,293
19,800
State Waters ACL
subcomponent
200
1,188
Other ACL subcomponent
200
1,188
Groundfish sub-ACL
2,748
16,553
Sector sub-ACL
2,686
16,178
Common Pool subACL
62
375
Incidental Catch
TAC
1.24
7.5
TABLE 2. POLLOCK ACE BY SECTOR
(MT)
Sector
Fixed Gear
E:\FR\FM\20JYR1.SGM
20JYR1
Current ACE
(mt) FW 44
Adjustment
Revised
ACE
(mt)
214
1,290
41998
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Rules and Regulations
likely that pollock will serve as a
constraining stock. The increased
pollock catch limit is specified in the
context of the FMP, which currently
ReCurrent ACE
vised
authorizes the NMFS NE Regional
Sector
(mt) FW 44
ACE
Administrator to adjust trip limits inAdjustment
(mt)
season to prevent the ACL from being
exceeded or to facilitate additional
NCCS
12
73
catch.
Due to the increased amount of
NEFS 2
338
2,034
pollock catch allowed under this
NEFS 3
202
1,218
emergency action, the increased pollock
ACL represents an increase of potential
NEFS 4
155
934
revenue of $15 million, assuming recent
average prices for pollock, and assuming
NEFS 5
11
68
that the full ACL for pollock will be
harvested. This estimate of pollock
NEFS 6
88
529
revenue is likely high, given the level of
NEFS 7
21
124
recent pollock landings. The primary
economic benefit of the revised ACL is
NEFS 8
18
106
expected to be associated with reducing
the likelihood that an accountability
NEFS 9
105
632
measure would be triggered for the
common pool and for sectors. The
NEFS 10
40
239
triggering of accountability measures
NEFS 11
255
1, 533 would have reduced or precluded
access to other stocks and the associated
NEFS 12
1
9
revenue.
Even with a total increase in the
NEFS 13
61
364
revised sector specifications of 13,492
mt of pollock, two sectors, NEFS 2 and
Port Clyde Commu117
707
NEFS 11, will still be left with less
nity
pollock ACE than the amount landed by
Sustainable Harvest
1,047
6,309
the collective sector membership during
FY 2008. That is, even though the
Tri-State
2
9
revised aggregate pollock ACE is higher
Total
2,686
16,178 than the FY 2008 landings, the ACE for
these ectors is still lower than the sector
All ACE values for sectors assume that members’ FY 2008 combined pollock
each sector member has a valid permit for FY
landings. However, the deficit for the
2010.
NCCS: Northeast Coastal Communities NEFS 2 sector may be readily overcome,
Sector; NEFS: Northeast Fishery Sectors
since the operations plan for NEFS 4,
which would receive an ACE of over 2
An environmental assessment (EA)
million lb (934 mt), states that NEFS 4
was prepared that analyzes the impact
will be a lease-only sector in order to
of the revised pollock catch limits for
the duration of a year, and compares the provide additional ACE to NEFS 2 and
NEFS 3. The regulations would also
impact to the current catch limits
allow NEFS 11 to lease additional ACE.
specified for FY 2010 (i.e., the No
Action Alternative). The revised level of With[t9] respect to the impact of the
revised pollock catch limit on
pollock catch is consistent with
individual members of sectors,
sustaining the pollock biomass over the
approximately 16 percent of permits
long-term at the level associated with
that joined a sector and that had a nonmaximum sustainable yield (Bmsy) and
fishing at a sustainable level of mortality zero pollock Potential Sector
Contribution, will still have less pollock
(Fmsy). Both scientific and management
than they landed during FY 2008.
uncertainty are accounted for in this
The Council is considering revising
catch level, so the risks of negative
pollock catch limits for FY 2011 and
biological impacts have been
2012 through a future rulemaking.
minimized. The revision to the FY 2010
Classification
pollock catch limits contained in this
rule may result in the catch of a
NMFS has determined that this rule is
substantially greater amount of pollock
necessary to respond to an emergency
than under the No Action Alternative.
situation and is consistent with the
The larger catch limit for pollock may
Magnuson-Stevens Act and other
result in greater fishing effort and
applicable law.
greater catch of other stocks in addition
The Assistant Administrator for
to pollock, as compared to the current
Fisheries, NOAA, finds it impracticable
pollock catch limits, because it is not
and contrary to the public interest to
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TABLE 2. POLLOCK ACE BY SECTOR
(MT)—Continued
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15:05 Jul 19, 2010
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Fmt 4700
Sfmt 9990
provide for prior notice and opportunity
for the public to comment, or to delay
for 30 days the effective date of this
emergency regulation, under the
provisions of section 553(b) and (d) of
the Administrative Procedure Act. As
more fully explained above, the reasons
justifying promulgation of this rule on
an emergency basis make solicitation of
public comment or a delay in
effectiveness contrary to the public
interest. This action would result in the
benefit of the revenues associated with
larger pollock catch limits. This action
could not allow for prior public
comment because the scientific review
process and determination could not
have been completed any earlier due to
the inherent time constraints associated
with such process.
If this rulemaking was delayed to
allow for notice and comment and a 30day delay in effectiveness, the current
quota for some sectors could be
exceeded, which could result in
triggering restrictive and economically
harmful management actions that
otherwise could have been avoided. The
time necessary to provide for prior
notice, opportunity for public comment,
and delayed effectiveness for this action
may prevent some vessels from targeting
pollock, or could severely curtail fishing
operations if the current ACL is reached
prior to implementation of the increased
catch limit. In the interest of receiving
public input on this action, the revised
assessment upon which this action was
based is made available to the public,
and this action requests public
comments on that document and the
provisions in this rule.
This emergency rule has been
determined to be not significant for
purposes of E.O. 12866.
This rule is exempt from the
procedures of the Regulatory Flexibility
Act to prepare a regulatory flexibility
analysis because the rule is issued
without opportunity for prior public
comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 14, 2010
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2010–17693 Filed 7–15–10; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\20JYR1.SGM
20JYR1
Agencies
[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Pages 41996-41998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17693]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100427197-0207-01]
RIN 0648-AY86
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Pollock Catch Limit Revisions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule pursuant to its authority to issue
emergency measures under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). This emergency action implements
new stock status determination criteria for pollock and associated
increases in pollock catch limits under the Northeast (NE) Multispecies
Fishery Management Plan (FMP), based on the most recent and best
available scientific information. Specifically, this emergency action
increases fishing year (FY) 2010 pollock catch levels specified by
Framework Adjustment (FW) 44, including Overfishing Levels (OFLs),
Acceptable Biological Catches (ABCs), Annual Catch Limits (ACLs), ACL
components, incidental Total Allowable Catches (TACs) for special
management programs, and sector Annual Catch Entitlements (ACEs). The
ACL components include sub-ACLs for the common pool and sectors. This
action is intended to provide additional fishing opportunities,
consistent with the FMP and the Magnuson-Stevens Act.
DATES: Effective July 15, 2010, through January 11, 2011. Comments must
be received by August 19, 2010.
FOR FURTHER INFORMATION CONTACT: Thomas A. Warren, Fishery Policy
Analyst, (978) 281-9347, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This final rule implements emergency measures, authorized by
section 305(c) of the Magnuson-Stevens Act, to revise current pollock
catch limits immediately. On May 1, 2010, NMFS implemented catch limits
developed by the New England Fishery Management Council (Council) under
FW 44 (75 FR 18356; April 9, 2010) for all groundfish stocks, including
pollock, for FY 2010 through 2012. The catch levels specified by FW 44
included OFLs, ABCs, ACLs, ACL components, and incidental TACs for
special management programs. The ACL components included sub-ACLs for
the common pool and sectors. On May 26, 2010, NMFS published (75 FR
29459) adjusted ACL subcomponents and adjusted sector ACEs in order to
reflect changes to the sector rosters just prior to the start of FY
2010.
The FW 44 catch levels for all stocks, including pollock, were
based upon the most recent scientific information available at that
time, i.e., the stock assessments conducted by the Groundfish
Assessment Review Meeting (GARM III) in 2008, as well as subsequent
pertinent information for pollock, as explained below. GARM III
originally characterized pollock as overfished and subject to
overfishing and, in accordance with required procedures, NMFS notified
the Council of the status of the stock on September 2, 2008. Subsequent
correspondence resulted in two modifications to the characterization of
the status of the pollock biomass. A September 16, 2008,
[[Page 41997]]
letter from the Council to NMFS noted that these determinations
regarding stock status were based upon erroneous methods. NMFS noted
this error and subsequently made corrections[t3] to the methods and
revised the characterization of the pollock stock status as approaching
an overfished condition, but still likely subject to overfishing
(October 3, 2008, NMFS letter to the Council). The stock status
determination was revised a third time in order to incorporate the most
recent scientific information (fall 2008 trawl survey data), which
again characterized the pollock stock as overfished and subject to
overfishing (February 6, 2009, NMFS letter to the Council).
Due to the high uncertainty of the determination of pollock stock
status (as noted in the GARM III stock assessment conclusions), the
NMFS Northeast Fisheries Science Center, in conjunction with the
Northeast Region Coordinating Council, which provides advice on the
scheduling and prioritization of stock assessments, agreed to schedule
another pollock stock assessment in 2010. In addition, the Council's
Scientific and Statistical Committee (SSC) recommended that pollock
should be reassessed as soon as possible so that they may have a more
reliable basis for any projections and catch advice. The 2010 pollock
benchmark stock assessment was scheduled as soon as practicable, after
considering the availability date of pertinent data, and other
constraints.
The pollock peer reviewed benchmark stock assessment review (SAW
50) was completed during the first week of June 2010, and the final
summary report was completed on July 14, 2010. The conclusions in this
report indicate that overfishing is not occurring, the stock is not
overfished, and the stock is rebuilt. Based on this information, the
estimates for spawning stock biomass size and fishing mortality in 2009
are 196,000 mt (2.2 times Bmsy proxy) and 0.07 (28 percent
of Fmsy), respectively.
NMFS policy guidelines for the use of emergency rules (62 FR 44421;
August 21, 1997) specify the following three criteria that define what
an emergency situation is, and justification for final rulemaking: (1)
The emergency results from recent, unforeseen events or recently
discovered circumstances; (2) the emergency presents serious
conservation or management problems in the fishery; and (3) the
emergency can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rulemaking
process. NMFS policy guidelines further provide that emergency action
is justified for certain situations where emergency action would
prevent significant direct economic loss, or to preserve a significant
economic opportunity that otherwise might be foregone.
The new information from the pollock benchmark stock assessment
considered to be a ``recently discovered circumstance,'' which, in the
context of the current FMP and low pollock catch limits specified for
FY 2010, has been determined by NMFS to represent an emergency
situation. This circumstance is the results of the recently conducted
assessment of pollock, which significantly revises the status of this
stock. Although the new assessment has been ongoing for a number of
weeks, it was not possible to have predicted its final outcome; nor
could the results have been expedited due to the need to convene the
necessary scientists, several of whom are not affiliated with NOAA, to
complete the assessment and its peer review.
The emergency presents serious conservation and management problems
because the low catch limits for pollock could result in substantially
reduced fishing effort and decreased catch and revenue especially in
light of the multiple species included in the fishery. When the
projected catch of the ACL for a single stock such as pollock triggers
a reduction or cessation of fishing effort (as required by the FMP for
common pool and sector vessels, respectively), numerous other stocks
that are caught concurrently with pollock may also be reduced.
NMFS has determined that the current situation meets the criteria
for emergency action. Because this is a Secretarial emergency action,
not a Council action, the involvement of the SSC in the specification
of ABC is not specifically required, although the emergency rule must
still be consistent with the best scientific information available.
Although NMFS could wait for the SSC to consider the new assessment,
the time necessary to complete such a process would unduly delay the
possibility of meeting the emergency exigencies of this matter. Due to
the urgency of this issue, NMFS has relied upon the Amendment 16
control rule for ABC established by the SSC to ensure consistency with
the SSC's most recent advice concerning the appropriate level of ABC.
Specifically, the control rule states that for most stocks, including
pollock, the ABC should be determined as the catch associated with 75
percent of Fmsy, or the catch associated with fishing
mortality that meets the rebuilding requirements (whichever is lower).
The duration of this action is limited by the Magnuson-Stevens Act to
180 days, however NMFS will re-evaluate the status of the fishery at
the end of the 180 days and may extend this action in order to make the
catch limits effective for the duration of the fishing year (through
April 30, 2011), consistent with the authority in the Magnuson-Stevens
Act to extend emergency actions for up to an additional 186 days.
Based upon the stock assessment results, NMFS is revising the stock
Status Determination Criteria for pollock. The revised biomass target
parameter (Bmsy proxy) is SSB msy (40 percent Maximum
Spawning Potential (MSP)) (91,000 mt); and the maximum fishing
mortality threshold is the Fmsy proxy (F 40 percent MSP) (0.25).
The revised pollock catch limits are contained in Tables 1 and 2
below. Consistent with the FMP, the incidental catch TAC is divided
between the Regular B DAS Program (84 percent) and the Closed Area I
Hook Gear Haddock Special Access Program (14 percent).
Table 1. Revised Pollock Catch Levels for FY 2010
------------------------------------------------------------------------
Current Revised
Pollock Catch Limit Specification (mt) Specification
FW 44 Adjustment (mt)
------------------------------------------------------------------------
OFL of Catch 5,084 25,200
------------------------------------------------------------------------
ABC 3,293 19,800
------------------------------------------------------------------------
State Waters ACL subcomponent 200 1,188
------------------------------------------------------------------------
Other ACL subcomponent 200 1,188
------------------------------------------------------------------------
Groundfish sub-ACL 2,748 16,553
------------------------------------------------------------------------
Sector sub-ACL 2,686 16,178
------------------------------------------------------------------------
Common Pool sub-ACL 62 375
------------------------------------------------------------------------
Incidental Catch TAC 1.24 7.5
------------------------------------------------------------------------
Table 2. Pollock ACE by Sector (mt)
------------------------------------------------------------------------
Current ACE (mt) FW Revised
Sector 44 Adjustment ACE (mt)
------------------------------------------------------------------------
Fixed Gear 214 1,290
------------------------------------------------------------------------
[[Page 41998]]
NCCS 12 73
------------------------------------------------------------------------
NEFS 2 338 2,034
------------------------------------------------------------------------
NEFS 3 202 1,218
------------------------------------------------------------------------
NEFS 4 155 934
------------------------------------------------------------------------
NEFS 5 11 68
------------------------------------------------------------------------
NEFS 6 88 529
------------------------------------------------------------------------
NEFS 7 21 124
------------------------------------------------------------------------
NEFS 8 18 106
------------------------------------------------------------------------
NEFS 9 105 632
------------------------------------------------------------------------
NEFS 10 40 239
------------------------------------------------------------------------
NEFS 11 255 1, 533
------------------------------------------------------------------------
NEFS 12 1 9
------------------------------------------------------------------------
NEFS 13 61 364
------------------------------------------------------------------------
Port Clyde Community 117 707
------------------------------------------------------------------------
Sustainable Harvest 1,047 6,309
------------------------------------------------------------------------
Tri-State 2 9
------------------------------------------------------------------------
Total 2,686 16,178
------------------------------------------------------------------------
All ACE values for sectors assume that each sector member has a valid
permit for FY 2010.
NCCS: Northeast Coastal Communities Sector; NEFS: Northeast Fishery
Sectors
An environmental assessment (EA) was prepared that analyzes the
impact of the revised pollock catch limits for the duration of a year,
and compares the impact to the current catch limits specified for FY
2010 (i.e., the No Action Alternative). The revised level of pollock
catch is consistent with sustaining the pollock biomass over the long-
term at the level associated with maximum sustainable yield
(Bmsy) and fishing at a sustainable level of mortality
(Fmsy). Both scientific and management uncertainty are
accounted for in this catch level, so the risks of negative biological
impacts have been minimized. The revision to the FY 2010 pollock catch
limits contained in this rule may result in the catch of a
substantially greater amount of pollock than under the No Action
Alternative. The larger catch limit for pollock may result in greater
fishing effort and greater catch of other stocks in addition to
pollock, as compared to the current pollock catch limits, because it is
not likely that pollock will serve as a constraining stock. The
increased pollock catch limit is specified in the context of the FMP,
which currently authorizes the NMFS NE Regional Administrator to adjust
trip limits in-season to prevent the ACL from being exceeded or to
facilitate additional catch.
Due to the increased amount of pollock catch allowed under this
emergency action, the increased pollock ACL represents an increase of
potential revenue of $15 million, assuming recent average prices for
pollock, and assuming that the full ACL for pollock will be harvested.
This estimate of pollock revenue is likely high, given the level of
recent pollock landings. The primary economic benefit of the revised
ACL is expected to be associated with reducing the likelihood that an
accountability measure would be triggered for the common pool and for
sectors. The triggering of accountability measures would have reduced
or precluded access to other stocks and the associated revenue.
Even with a total increase in the revised sector specifications of
13,492 mt of pollock, two sectors, NEFS 2 and NEFS 11, will still be
left with less pollock ACE than the amount landed by the collective
sector membership during FY 2008. That is, even though the revised
aggregate pollock ACE is higher than the FY 2008 landings, the ACE for
these ectors is still lower than the sector members' FY 2008 combined
pollock landings. However, the deficit for the NEFS 2 sector may be
readily overcome, since the operations plan for NEFS 4, which would
receive an ACE of over 2 million lb (934 mt), states that NEFS 4 will
be a lease-only sector in order to provide additional ACE to NEFS 2 and
NEFS 3. The regulations would also allow NEFS 11 to lease additional
ACE. With[t9] respect to the impact of the revised pollock catch limit
on individual members of sectors, approximately 16 percent of permits
that joined a sector and that had a non-zero pollock Potential Sector
Contribution, will still have less pollock than they landed during FY
2008.
The Council is considering revising pollock catch limits for FY
2011 and 2012 through a future rulemaking.
Classification
NMFS has determined that this rule is necessary to respond to an
emergency situation and is consistent with the Magnuson-Stevens Act and
other applicable law.
The Assistant Administrator for Fisheries, NOAA, finds it
impracticable and contrary to the public interest to provide for prior
notice and opportunity for the public to comment, or to delay for 30
days the effective date of this emergency regulation, under the
provisions of section 553(b) and (d) of the Administrative Procedure
Act. As more fully explained above, the reasons justifying promulgation
of this rule on an emergency basis make solicitation of public comment
or a delay in effectiveness contrary to the public interest. This
action would result in the benefit of the revenues associated with
larger pollock catch limits. This action could not allow for prior
public comment because the scientific review process and determination
could not have been completed any earlier due to the inherent time
constraints associated with such process.
If this rulemaking was delayed to allow for notice and comment and
a 30-day delay in effectiveness, the current quota for some sectors
could be exceeded, which could result in triggering restrictive and
economically harmful management actions that otherwise could have been
avoided. The time necessary to provide for prior notice, opportunity
for public comment, and delayed effectiveness for this action may
prevent some vessels from targeting pollock, or could severely curtail
fishing operations if the current ACL is reached prior to
implementation of the increased catch limit. In the interest of
receiving public input on this action, the revised assessment upon
which this action was based is made available to the public, and this
action requests public comments on that document and the provisions in
this rule.
This emergency rule has been determined to be not significant for
purposes of E.O. 12866.
This rule is exempt from the procedures of the Regulatory
Flexibility Act to prepare a regulatory flexibility analysis because
the rule is issued without opportunity for prior public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 14, 2010
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2010-17693 Filed 7-15-10; 4:15 pm]
BILLING CODE 3510-22-S