Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Common Pool Day-at-Sea Accounting and Possession Prohibition for Witch Flounder, 53871-53873 [2010-21986]
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Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations
in the Federal Register, the Coast Guard
will provide the maritime community
with advance notification of this
enforcement period via a Local
Broadcast Notice to Mariners. If the
COTP determines that the regulated area
need not be enforced for the full
duration stated in this notice, he may
use a Broadcast Notice to Mariners to
grant general permission to enter the
regulated area.
Dated: August 24, 2010.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the
Port, Sault Sainte Marie.
[FR Doc. 2010–21896 Filed 9–1–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 0906221072–91425–02]
RIN 0648–XY56
Atlantic Highly Migratory Species;
Inseason Action To Close the
Commercial Porbeagle Shark Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; fishery closure.
AGENCY:
NMFS is closing the
commercial fishery for porbeagle sharks.
This action is necessary because
landings for the 2010 fishing season has
reached at least 80 percent of the
available quota.
DATES: The commercial porbeagle shark
fishery is closed effective 11:30 p.m.
local time September 4, 2010 until, and
if, NMFS announces, via a notice in the
Federal Register that additional quota is
available and the season is reopened.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Guy DuBeck,
301–713–2347; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and its implementing
regulations found at 50 CFR part 635
issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
Under § 635.5(b)(1), shark dealers are
required to report to NMFS all sharks
landed every two weeks. Dealer reports
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
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for fish received between the 1st and
15th of any month must be received by
NMFS by the 25th of that month. Dealer
reports for fish received between the
16th and the end of any month must be
received by NMFS by the 10th of the
following month. Under § 635.28(b)(2),
when NMFS projects that fishing season
landings for a species group have
reached or are about to reach 80 percent
of the available quota, NMFS will file
for publication with the Office of the
Federal Register a notice of closure for
that shark species group that will be
effective no fewer than 5 days from the
date of filing. From the effective date
and time of the closure until NMFS
announces, via a notice in the Federal
Register, that additional quota is
available and the season is reopened,
the fishery for that species group is
closed, even across fishing years.
On January 5, 2010 (75 FR 250),
NMFS announced that the porbeagle
shark fishery for the 2010 fishing year
was open and the available porbeagle
shark quota was 1.5 metric tons (mt)
dressed weight (dw) (3,307 lb dw).
Dealer reports through the July 31, 2010,
reporting period indicate that 1.3 mt dw
or 85 percent of the available quota for
porbeagle sharks has been landed.
Dealer reports received to date indicate
that 14 percent of the quota was landed
from the opening of the fishery on
January 5, 2010, through January 31,
2010; 3 percent of the quota was landed
in March; 12 percent was landed in
April; 5 percent was landed in May; and
13 percent of the quota was landed in
June. Preliminary numbers indicate that
38 percent of the quota was landed in
July. The fishery has reached 85 percent
of the quota, which exceeds the 80
percent limit specified in the
regulations. Accordingly, NMFS is
closing the commercial porbeagle shark
fishery as of 11:30 p.m. local time
September 7, 2010. This closure does
not affect any other shark fishery.
During the closure, retention of
porbeagle sharks is prohibited for
persons fishing aboard vessels issued a
commercial shark limited access permit
under 50 CFR 635.4, unless the vessel
is properly permitted to operate as a
charter vessel or headboat for HMS and
is engaged in a for-hire trip, in which
case the recreational retention limits for
sharks and ‘‘no sale’’ provisions apply
(50 CFR 635.22(a) and (c)). A shark
dealer issued a permit pursuant to
§ 635.4 may not purchase or receive
porbeagle sharks from a vessel issued an
Atlantic shark limited access permit
(LAP), except that a permitted shark
dealer or processor may possess
porbeagle sharks that were harvested,
off-loaded, and sold, traded, or bartered,
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53871
prior to the effective date of the closure
and were held in storage. Under this
closure, a shark dealer issued a permit
pursuant to § 635.4 may, in accordance
with state regulations, purchase or
receive a porbeagle sharks if the sharks
were harvested, off-loaded, and sold,
traded, or bartered from a vessel that
fishes only in state waters and that has
not been issued an Atlantic Shark LAP,
HMS Angling permit, or HMS Charter/
Headboat permit pursuant to § 635.4.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA), finds that providing for
prior notice and public comment for
this action is impracticable and contrary
to the public interest because the fishery
is currently underway, and any delay in
this action would cause overharvest of
the quota and be inconsistent with
management requirements and
objectives. If the quota is exceeded, the
affected public is likely to experience
reductions in the available quota and a
lack of fishing opportunities in future
seasons. For these reasons, the AA also
finds good cause to waive the 30–day
delay in effective date pursuant to 5
U.S.C. 553 (d)(3). This action is required
under § 635.28(b)(2) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 30, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–21961 Filed 8–30–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0910051338–0151–02]
RIN 0648–XY20
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Modification of the Common
Pool Day-at-Sea Accounting and
Possession Prohibition for Witch
Flounder
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; request for
comments.
AGENCY:
This action implements a
differential Days-at-Sea (DAS) counting
SUMMARY:
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53872
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations
factor of 2.0 to Category A DAS for
Northeast (NE) multispecies vessels
fishing under common pool regulations
for the 2010 fishing year (FY) when
fishing in the Inshore Gulf of Maine
(GOM) Differential DAS Area, the
Offshore GOM Differential DAS Area,
the Inshore Georges Bank (GB)
Differential Area, and the Offshore GB
Differential Area. Vessels may transit
the GOM and GB Differential DAS Areas
without being charged the differential
DAS rate, provided their gear is
properly stowed according to the
regulations. This action also implements
a zero possession limit for witch
flounder. The purpose is to decrease the
likelihood that catch (landings and
discards) of white hake and GOM cod
will exceed the subcomponent of the
annual catch limit (ACL) allocated to
the common pool during FY 2010 (May
1, 2010 through April 30, 2011).
Because witch flounder has already
exceeded its sub-ACL, this action
attempts to minimize additional
overharvest by reducing the possession
limit to zero. This action is taken under
the authority of the regulations
implementing Amendment 16 and
Framework Adjustment 44 (FW 44) to
the NE Multispecies Fishery
Management Plan (FMP) and authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA).
DATES: Effective September 2, 2010,
through April 30, 2011. Comments must
be received no later than October 4,
2010.
FOR FURTHER INFORMATION CONTACT: Tom
Warren, Fishery Policy Analyst, (978)
281–9347, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION: The NE
Multispecies FMP regulations governing
the fishing effort control program for NE
multispecies limited access vessels and
the possession limits for all NE
multispecies vessels include measures
designed to prevent the ACLs specified
for the common pool fishery from being
exceeded (or under-harvested). Such
measures authorize the Administrator of
the Northeast Region NMFS (Regional
Administrator) to make inseason
adjustments to trip limits and/or
inseason adjustments to differential
DAS counting (§§ 648.86(o) and
648.82(o), respectively). Specifically,
the Regional Administrator must project
the catch of regulated species and ocean
pout and determine whether the catch
will exceed any of the sub-ACLs
specified for common pool vessels.
Based on such projections, if the catch
will exceed or underharvest the
common pool sub-ACLs, the Regional
Administrator may, at any time during
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the FY, implement a differential DAS
counting factor to all Category A DAS
within the pertinent stock area(s), and/
or adjust trip limits.
For FY 2010, the common pool subACLs for all stocks, including witch
flounder, and GOM cod, were specified
by the final rule implementing
Framework Adjustment (FW) 44 (75 FR
18356, April 9, 2010) to the FMP, and
modified by a subsequent rule (75 FR
29459, May 26, 2010).
Since the start of FY 2010 (May 1,
2010), NMFS has monitored the
common pool catch closely, and the
Regional Administrator authority has
been utilized several times to make
inseason adjustments as necessary to
reduce catch rates in order to prevent
catch from exceeding sub-ACLs.
Specifically, NMFS reduced the trip
limits applicable to the common pool
for GOM winter flounder, GOM
haddock, GB haddock, GB winter
flounder, and GB yellowtail flounder on
May 27, 2010 (75 FR 29678; May 27,
2010). On July 30, 2010, a reduction in
trip limits for GOM cod and a gear
restriction for vessels fishing in the
U.S./Canada Management Area were
implemented in order to prevent the
catch of GOM cod and GB yellowtail
flounder by common pool vessels from
exceeding their sub-ACLs (75 FR 44924;
July 30, 2010). On August 6, 2010 (75
FR 48613; August 11, 2010), NMFS
implemented a trip limit for witch
flounder, removed the trip limit for
pollock, and corrected the GOM cod trip
limit applicable to vessels with a
Handgear A permit in order to optimize
catch for those stocks.
On August 19, 2010, NMFS
determined that the catch of witch
flounder, GOM cod, and white hake
were 101 percent, 87 percent, and 47
percent of their respective sub-ACLs.
Prior to this most recent catch report,
NMFS conducted catch projections
completed on August 11, 2010. These
projections indicated that, by the end of
FY 2010 (April 30, 2011), the catch of
witch flounder, GOM cod, and white
hake will be approximately 177 percent,
196 percent, and 205 percent of their
respective sub-ACLs, if no action is
taken to slow catch rates.
Because the catches of multiple stocks
are projected to exceed their sub-ACLs,
and inseason trip limits for GOM cod,
GOM winter flounder, and witch
flounder have already been
implemented, this action implements
DAS adjustments to further reduce catch
rates so that sub-ACLs will not be
exceeded. Additionally, because witch
flounder has already exceeded its subACL, this action implements a zero
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Fmt 4700
Sfmt 4700
possession limit for the remainder of the
FY for that stock.
Current catch estimates indicate that
a relatively high percentage of the subACLs have been caught during the first
quarter of the fishing year, with only a
fraction of the available DAS allocations
used (approximately 30 percent).
Considerable additional fishing effort is
possible during the remainder of the FY
which could result in exceeding the
sub-ACLs, without these actions being
taken.
The Magnuson-Stevens Act and the
NE Multispecies FMP require that catch
levels not be exceeded. Given the high
catches early in the FY, as well as the
difficulty in predicting future fishing
behavior under Amendment 16
measures, effort reductions are
necessary in specific areas at this time
to ensure the sub-ACLs are not
exceeded. Furthermore, overharvest of a
sub-ACL would result in the
implementation of accountability
measures at the start of FY 2011. NMFS
will continue to closely monitor the
fishery and further adjust (increase or
decrease) trip limits and DAS counting
rates if available data and projections
indicate that the sub-ACLs will be
underharvested or overharvested.
This action implements a differential
DAS counting rate of 2.0 to the Inshore
GOM Differential DAS Area, Offshore
GOM Differential DAS Area, Inshore GB
Differential DAS Area, and Offshore GB
Differential DAS Area. These areas were
selected from among the five possible
Differential DAS Areas defined in
Amendment 16, to reflect both the
location of the catch of the stocks
targeted by this action, as defined in the
regulations, as well as the location of
the recent catches. The regulations
implementing Amendment 16 state that
the Offshore GOM, Inshore GB, and
Offshore GB Differential DAS Areas are
the pertinent areas with respect to DAS
adjustments designed to affect witch
flounder. The Inshore GOM Differential
DAS Area is the pertinent area for GOM
cod; the Inshore and Offshore GOM
Differential Areas, and the Inshore GB
Differential DAS Area, are pertinent for
white hake.
With respect to the differential DAS
counting factor necessary to reduce
catch, the regulations state that it will be
based on the projected portion of the
sub-ACL caught, rounded to the nearest
tenth. Further, if it is projected that
catch will simultaneously exceed the
sub-ACLs for several regulated species
stocks within a particular area, the
Regional Administrator may implement
the most restrictive differential DAS
counting factor derived for the subACLs exceeded within that area.
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emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations
The projections conducted for witch
flounder, GOM cod, and white hake
indicate 177 percent, 196 percent, and
205 percent of their respective sub-ACLs
will be caught by the end of the fishing
year without action being taken to slow
catch rates. Based upon the regulations
that prescribe the accounting
methodology, the defined differential
DAS areas, and the recent location of
catch, a differential DAS counting factor
of 2.0 applies to all Category A DAS
used by common pool vessels within
the Inshore and Offshore GOM
Differential DAS Areas and the Inshore
and Offshore GB Differential DAS Areas.
This 2:1 DAS counting ratio is
calculated to be sufficient to ensure that
sub-ACLSs for white hake and GOM cod
will not be exceeded. Because vessels
are currently charged a full 24 hr for any
day that is less than 24 hr, time fished
will be first rounded up to account for
a 24 hr day, to ensure the differential
rate is effective in reducing effort
sufficiently. For example, if a vessel
fished for 13 hr in the GOM, the vessel
would be charged 48 hr (i.e., 13 hr is
rounded up to 24 hr, and multiplied by
2.0). If a vessel fished for 25 hr in the
GOM, the vessel would be charged 96 hr
(i.e., 25 hr is rounded up to 48 hr, and
multiplied by 2.0). This differential DAS
counting will be applied when fishing
in the Inshore and Offshore GOM
Differential DAS Areas and the Inshore
and Offshore GM Differential Areas,
based upon the first VMS position into
the area, and the first VMS position
outside of the area. For trips that fish
both inside and outside of the areas
covered by the differential DAS rate
(i.e., within one of the differential DAS
areas covered by the increased rate as
described above, and also in the
Southern New England (SNE)
Differential DAS Area), the time spent
fishing outside the differential areas will
be counted as real time fished (time will
not be rounded up to 24 hr nor will
differential DAS accrue). For example, a
vessel that fished for 20 hr in the GOM
and 5 hr in SNE would be charged 53
hr (i.e., 20 hr (GOM) rounded up to 24
hr X 2.0 = 48; plus 5 hr (SNE) = 53 hr).
This action also allows for an
exemption to the 2.0 differential DAS
rate for vessels that merely transit the
differential DAS areas. Thus, vessels
may transit the GOM and GB
Differential DAS Areas without being
charged the 2.0 differential DAS rate,
provided their gear is properly stowed
according to the regulations at
§ 648.23(b). For example, if a vessel
transits through the Inshore GB
Differential DAS Area without fishing,
and only fishes in the Offshore GB
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18:14 Sep 01, 2010
Jkt 220001
Differential DAS Area, the differential
rate of 2:1 will only apply to time spent
in the Offshore GB Differential DAS
Area. Transiting time to and from
Offshore GB Differential DAS Area
would only be charged 1:1, provided all
gear is stowed properly. However,
should the vessel decide to fish in the
Inshore GB Differential DAS Area, all
time spent in the area would then be
charged the 2:1 rate. This transiting
provision avoids unnecessary
restrictions on vessels that cannot reach
fishing grounds to fish for stocks not
affected by this action. Vessels must still
declare all broad stocks areas (BSA) it
intends to fish in prior to leaving port.
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B) and
(d)(3), there is good cause to waive prior
notice and opportunity for public
comment, as well as the delayed
effectiveness for this action, because
notice, comment, and a delayed
effectiveness would be impracticable
and contrary to the public interest. The
regulations at §§ 648.82(o) and 648.86(o)
grant the Regional Administrator the
authority to implement adjustments to
NE multispecies differential DAS
counting and modifications to trip
limits respectively, to prevent overharvesting or under-harvesting the
common pool sub-ACLs. This action
will implement a more restrictive DAS
counting rate in the GOM and GB in
order to ensure that the common pool
sub-ACLs for GOM cod and white hake
are not overharvested, and the biological
and economic objectives of the FMP are
met. Differential DAS, as well as a zero
possession limit for witch flounder,
help to prevent the sub-ACL for this
stock from being further exceeded.
It is important to take this action
immediately because, based on current
data and projections, continuation of the
status quo will result in exceeding at
least some of the common pool subACLs prior to the end of the fishing
year. Attainment of any of the common
pool sub-ACLs in FY 2010 would trigger
accountability measures for the common
pool in FY 2011. These future
restrictions could result in the loss of
yield of other valuable species caught by
vessels in the common pool.
The updated catch information that is
the basis for this action only recently
became available. The time necessary to
provide for prior notice and comment,
and delayed effectiveness for this
action, would prevent NMFS from
implementing necessary restrictions in a
timely manner. A resulting delay in the
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53873
curtailment of catch rate of these stocks
could result in less revenue for the
fishing industry and be counter to the
objective of achieving optimum yield.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 30, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–21986 Filed 8–30–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910131362–0087–02]
RIN 0648–XY70
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
for Vessels Participating in the
Rockfish Entry Level Fishery in the
Central Regulatory Area of the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific ocean perch for
vessels participating in the rockfish
entry level fishery in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the 2010 total
allowable catch (TAC) of Pacific ocean
perch allocated to vessels participating
in the rockfish entry level fishery in the
Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 1, 2010, through
2400 hrs, A.l.t., December 31, 2010.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
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
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2010 TAC of Pacific ocean perch
allocated to vessels participating in the
entry level rockfish fishery in the
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Rules and Regulations]
[Pages 53871-53873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21986]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XY20
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Modification of the Common Pool Day-at-Sea
Accounting and Possession Prohibition for Witch Flounder
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action implements a differential Days-at-Sea (DAS)
counting
[[Page 53872]]
factor of 2.0 to Category A DAS for Northeast (NE) multispecies vessels
fishing under common pool regulations for the 2010 fishing year (FY)
when fishing in the Inshore Gulf of Maine (GOM) Differential DAS Area,
the Offshore GOM Differential DAS Area, the Inshore Georges Bank (GB)
Differential Area, and the Offshore GB Differential Area. Vessels may
transit the GOM and GB Differential DAS Areas without being charged the
differential DAS rate, provided their gear is properly stowed according
to the regulations. This action also implements a zero possession limit
for witch flounder. The purpose is to decrease the likelihood that
catch (landings and discards) of white hake and GOM cod will exceed the
subcomponent of the annual catch limit (ACL) allocated to the common
pool during FY 2010 (May 1, 2010 through April 30, 2011). Because witch
flounder has already exceeded its sub-ACL, this action attempts to
minimize additional overharvest by reducing the possession limit to
zero. This action is taken under the authority of the regulations
implementing Amendment 16 and Framework Adjustment 44 (FW 44) to the NE
Multispecies Fishery Management Plan (FMP) and authority of the
Magnuson-Stevens Fishery Conservation and Management Act (MSA).
DATES: Effective September 2, 2010, through April 30, 2011. Comments
must be received no later than October 4, 2010.
FOR FURTHER INFORMATION CONTACT: Tom Warren, Fishery Policy Analyst,
(978) 281-9347, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: The NE Multispecies FMP regulations
governing the fishing effort control program for NE multispecies
limited access vessels and the possession limits for all NE
multispecies vessels include measures designed to prevent the ACLs
specified for the common pool fishery from being exceeded (or under-
harvested). Such measures authorize the Administrator of the Northeast
Region NMFS (Regional Administrator) to make inseason adjustments to
trip limits and/or inseason adjustments to differential DAS counting
(Sec. Sec. 648.86(o) and 648.82(o), respectively). Specifically, the
Regional Administrator must project the catch of regulated species and
ocean pout and determine whether the catch will exceed any of the sub-
ACLs specified for common pool vessels. Based on such projections, if
the catch will exceed or underharvest the common pool sub-ACLs, the
Regional Administrator may, at any time during the FY, implement a
differential DAS counting factor to all Category A DAS within the
pertinent stock area(s), and/or adjust trip limits.
For FY 2010, the common pool sub-ACLs for all stocks, including
witch flounder, and GOM cod, were specified by the final rule
implementing Framework Adjustment (FW) 44 (75 FR 18356, April 9, 2010)
to the FMP, and modified by a subsequent rule (75 FR 29459, May 26,
2010).
Since the start of FY 2010 (May 1, 2010), NMFS has monitored the
common pool catch closely, and the Regional Administrator authority has
been utilized several times to make inseason adjustments as necessary
to reduce catch rates in order to prevent catch from exceeding sub-
ACLs. Specifically, NMFS reduced the trip limits applicable to the
common pool for GOM winter flounder, GOM haddock, GB haddock, GB winter
flounder, and GB yellowtail flounder on May 27, 2010 (75 FR 29678; May
27, 2010). On July 30, 2010, a reduction in trip limits for GOM cod and
a gear restriction for vessels fishing in the U.S./Canada Management
Area were implemented in order to prevent the catch of GOM cod and GB
yellowtail flounder by common pool vessels from exceeding their sub-
ACLs (75 FR 44924; July 30, 2010). On August 6, 2010 (75 FR 48613;
August 11, 2010), NMFS implemented a trip limit for witch flounder,
removed the trip limit for pollock, and corrected the GOM cod trip
limit applicable to vessels with a Handgear A permit in order to
optimize catch for those stocks.
On August 19, 2010, NMFS determined that the catch of witch
flounder, GOM cod, and white hake were 101 percent, 87 percent, and 47
percent of their respective sub-ACLs. Prior to this most recent catch
report, NMFS conducted catch projections completed on August 11, 2010.
These projections indicated that, by the end of FY 2010 (April 30,
2011), the catch of witch flounder, GOM cod, and white hake will be
approximately 177 percent, 196 percent, and 205 percent of their
respective sub-ACLs, if no action is taken to slow catch rates.
Because the catches of multiple stocks are projected to exceed
their sub-ACLs, and inseason trip limits for GOM cod, GOM winter
flounder, and witch flounder have already been implemented, this action
implements DAS adjustments to further reduce catch rates so that sub-
ACLs will not be exceeded. Additionally, because witch flounder has
already exceeded its sub-ACL, this action implements a zero possession
limit for the remainder of the FY for that stock.
Current catch estimates indicate that a relatively high percentage
of the sub-ACLs have been caught during the first quarter of the
fishing year, with only a fraction of the available DAS allocations
used (approximately 30 percent). Considerable additional fishing effort
is possible during the remainder of the FY which could result in
exceeding the sub-ACLs, without these actions being taken.
The Magnuson-Stevens Act and the NE Multispecies FMP require that
catch levels not be exceeded. Given the high catches early in the FY,
as well as the difficulty in predicting future fishing behavior under
Amendment 16 measures, effort reductions are necessary in specific
areas at this time to ensure the sub-ACLs are not exceeded.
Furthermore, overharvest of a sub-ACL would result in the
implementation of accountability measures at the start of FY 2011. NMFS
will continue to closely monitor the fishery and further adjust
(increase or decrease) trip limits and DAS counting rates if available
data and projections indicate that the sub-ACLs will be underharvested
or overharvested.
This action implements a differential DAS counting rate of 2.0 to
the Inshore GOM Differential DAS Area, Offshore GOM Differential DAS
Area, Inshore GB Differential DAS Area, and Offshore GB Differential
DAS Area. These areas were selected from among the five possible
Differential DAS Areas defined in Amendment 16, to reflect both the
location of the catch of the stocks targeted by this action, as defined
in the regulations, as well as the location of the recent catches. The
regulations implementing Amendment 16 state that the Offshore GOM,
Inshore GB, and Offshore GB Differential DAS Areas are the pertinent
areas with respect to DAS adjustments designed to affect witch
flounder. The Inshore GOM Differential DAS Area is the pertinent area
for GOM cod; the Inshore and Offshore GOM Differential Areas, and the
Inshore GB Differential DAS Area, are pertinent for white hake.
With respect to the differential DAS counting factor necessary to
reduce catch, the regulations state that it will be based on the
projected portion of the sub-ACL caught, rounded to the nearest tenth.
Further, if it is projected that catch will simultaneously exceed the
sub-ACLs for several regulated species stocks within a particular area,
the Regional Administrator may implement the most restrictive
differential DAS counting factor derived for the sub-ACLs exceeded
within that area.
[[Page 53873]]
The projections conducted for witch flounder, GOM cod, and white
hake indicate 177 percent, 196 percent, and 205 percent of their
respective sub-ACLs will be caught by the end of the fishing year
without action being taken to slow catch rates. Based upon the
regulations that prescribe the accounting methodology, the defined
differential DAS areas, and the recent location of catch, a
differential DAS counting factor of 2.0 applies to all Category A DAS
used by common pool vessels within the Inshore and Offshore GOM
Differential DAS Areas and the Inshore and Offshore GB Differential DAS
Areas. This 2:1 DAS counting ratio is calculated to be sufficient to
ensure that sub-ACLSs for white hake and GOM cod will not be exceeded.
Because vessels are currently charged a full 24 hr for any day that is
less than 24 hr, time fished will be first rounded up to account for a
24 hr day, to ensure the differential rate is effective in reducing
effort sufficiently. For example, if a vessel fished for 13 hr in the
GOM, the vessel would be charged 48 hr (i.e., 13 hr is rounded up to 24
hr, and multiplied by 2.0). If a vessel fished for 25 hr in the GOM,
the vessel would be charged 96 hr (i.e., 25 hr is rounded up to 48 hr,
and multiplied by 2.0). This differential DAS counting will be applied
when fishing in the Inshore and Offshore GOM Differential DAS Areas and
the Inshore and Offshore GM Differential Areas, based upon the first
VMS position into the area, and the first VMS position outside of the
area. For trips that fish both inside and outside of the areas covered
by the differential DAS rate (i.e., within one of the differential DAS
areas covered by the increased rate as described above, and also in the
Southern New England (SNE) Differential DAS Area), the time spent
fishing outside the differential areas will be counted as real time
fished (time will not be rounded up to 24 hr nor will differential DAS
accrue). For example, a vessel that fished for 20 hr in the GOM and 5
hr in SNE would be charged 53 hr (i.e., 20 hr (GOM) rounded up to 24 hr
X 2.0 = 48; plus 5 hr (SNE) = 53 hr).
This action also allows for an exemption to the 2.0 differential
DAS rate for vessels that merely transit the differential DAS areas.
Thus, vessels may transit the GOM and GB Differential DAS Areas without
being charged the 2.0 differential DAS rate, provided their gear is
properly stowed according to the regulations at Sec. 648.23(b). For
example, if a vessel transits through the Inshore GB Differential DAS
Area without fishing, and only fishes in the Offshore GB Differential
DAS Area, the differential rate of 2:1 will only apply to time spent in
the Offshore GB Differential DAS Area. Transiting time to and from
Offshore GB Differential DAS Area would only be charged 1:1, provided
all gear is stowed properly. However, should the vessel decide to fish
in the Inshore GB Differential DAS Area, all time spent in the area
would then be charged the 2:1 rate. This transiting provision avoids
unnecessary restrictions on vessels that cannot reach fishing grounds
to fish for stocks not affected by this action. Vessels must still
declare all broad stocks areas (BSA) it intends to fish in prior to
leaving port.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), there is good cause
to waive prior notice and opportunity for public comment, as well as
the delayed effectiveness for this action, because notice, comment, and
a delayed effectiveness would be impracticable and contrary to the
public interest. The regulations at Sec. Sec. 648.82(o) and 648.86(o)
grant the Regional Administrator the authority to implement adjustments
to NE multispecies differential DAS counting and modifications to trip
limits respectively, to prevent over-harvesting or under-harvesting the
common pool sub-ACLs. This action will implement a more restrictive DAS
counting rate in the GOM and GB in order to ensure that the common pool
sub-ACLs for GOM cod and white hake are not overharvested, and the
biological and economic objectives of the FMP are met. Differential
DAS, as well as a zero possession limit for witch flounder, help to
prevent the sub-ACL for this stock from being further exceeded.
It is important to take this action immediately because, based on
current data and projections, continuation of the status quo will
result in exceeding at least some of the common pool sub-ACLs prior to
the end of the fishing year. Attainment of any of the common pool sub-
ACLs in FY 2010 would trigger accountability measures for the common
pool in FY 2011. These future restrictions could result in the loss of
yield of other valuable species caught by vessels in the common pool.
The updated catch information that is the basis for this action
only recently became available. The time necessary to provide for prior
notice and comment, and delayed effectiveness for this action, would
prevent NMFS from implementing necessary restrictions in a timely
manner. A resulting delay in the curtailment of catch rate of these
stocks could result in less revenue for the fishing industry and be
counter to the objective of achieving optimum yield.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 30, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-21986 Filed 8-30-10; 4:15 pm]
BILLING CODE 3510-22-S
