Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-season Adjustment, 49420-49422 [2010-20077]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49420-49422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20077]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100513223-0289-02]
RIN 0648-AY88


Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-
season Adjustment

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

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  This rule adjusts the target total allowable catch (TAC) and 
corresponding fleet days-at-sea (DAS) allocation for the Atlantic deep-
sea red crab fishery that were implemented in May 2010. This adjustment 
is consistent with the most recent recommendation by the New England 
Fishery Management Council's (Council) Scientific and Statistical 
Committee (SSC) and the implementing regulations for the Atlantic Deep-
Sea Red Crab Fishery Management Plan (FMP) allowing NMFS to make an in-
season adjustment to the specifications, after consulting with the 
Council. In May 2010, NMFS finalized the fishing year (FY) 2010 
specifications for the red crab fishery, including a target TAC and a 
fleet-wide DAS allocation.

DATES:  This rule is effective on September 13, 2010.

ADDRESSES:  Copies of the specifications document, including the 
Supplemental Environmental Assessment and Supplemental Regulatory 
Flexibility Analysis and other supporting documents for the in-season 
adjustment, are available from Patricia A. Kurkul, Regional 
Administrator, NMFS, Northeast Regional Office, 55 Great Republic 
Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT:  Moira Kelly, Fishery Policy Analyst, 
(978) 281-9218.

SUPPLEMENTARY INFORMATION:

Background

    For FY 2010, the Council was required by the FMP to establish 
specifications for the red crab fishery consistent with the best 
available scientific information. In September 2009, the Council's SSC 
recommended a maximum sustainable yield (MSY) for red crab within the 
range 3.75-4.19 million lb (1,700-1,900 mt), which was consistent with 
the most recent stock assessment (conducted by the Northeast Fisheries 
Science Center's 2008 Data Poor Stocks Working Group), and recommended 
that the interim acceptable biological catch (ABC) be set commensurate 
with recent catch. At the time, 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). However, the landings in FY 2007 were the lowest since the 
implementation of the FMP in 2002, and so, during the Council's review 
of the

[[Page 49421]]

SSC's recommendation at its September and November 2009 meetings, the 
Council requested the SSC reconsider its recommendations.
    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 the 
model results from the December 2008 Data Poor Stocks Working Group are 
an underestimate of MSY, but could not determine by how much, and did 
not recommend an estimate of MSY. 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, based on data for 1974-2008). The SSC considers this 
level of landings to be sustainable and comfortably below the actual, 
but undetermined, MSY level.
    Because NMFS does not have the regulatory authority to establish a 
target TAC greater than that recommended by the Council, the initial 
final rule (75 FR 27219, May 14, 2010) set the specifications equal to 
the Council's November 2009 recommendation for a target TAC of 3.56 
million lb (1,615 mt) and a corresponding allocation of 582 fleet DAS. 
However, the regulations for red crab allow for an in-season adjustment 
of the specifications, as set forth in Sec.  648.260(a)(3), after 
consultation with the Council and an opportunity for additional public 
comment. The Council met on April 28, 2010, and recommended adjusting 
the red crab specifications in accordance with the SSC's revised 
recommended catch level of 3.91 million lb (1,775 mt). A proposed rule 
was published on June 22, 2010 (75 FR 35435), requesting public comment 
on the revised recommended catch level.

Comments and Responses

    No comments on the proposed rule were received during the comment 
period.

Final Specifications

    This final rule adopts the SSC's revised recommended catch level as 
the adjusted target TAC for the FY 2010 red crab fishery. This would 
result in a target TAC of 3.91 million lb (1,775 mt). Using the most 
recent calculation of average landings-per-DAS charged (5,882 lb/DAS 
(2,668 kg/DAS) charged from FY 2005-2009), the corresponding fleet DAS 
allocation is 665 DAS.

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 Regional Administrator (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

    No public comments were received on the IFRA or the economic 
impacts of the rule more generally during the comment period on the 
proposed rule.

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.

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 long-term average landings 
of the fleet, and roughly 25 percent higher than the FY 2009 commercial 
red crab landings. Whereas a limited market has been responsible for 
the recent 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, this rule implements a 
target TAC and DAS allocation that is consistent with both the FMP and 
the best available science.
    The impacts on revenues associated with the target TAC were 
analyzed and are expected to be minimal. Because the 2010 target TAC 
being implemented in this final rule is greater than the FY 2009 target 
TAC, and the target TAC originally recommended by the Council, no 
negative economic impacts are expected as a result of this final rule.

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: August 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:

[[Page 49422]]

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.  648.260, 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 3.910 million lb (1,775 mt), unless modified pursuant to 
this paragraph.
* * * * *

0
3. 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 year 2010 and thereafter. Each limited access 
permit holder shall be allocated 133 DAS unless one or more vessels 
declares out of the fishery consistent with Sec.  648.4(a)(13)(i)(B)(2) 
or the TAC is adjusted consistent with Sec.  648.260.
* * * * *
[FR Doc. 2010-20077 Filed 8-12-10; 8:45 am]
BILLING CODE 3510-22-S