Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Adjustment to Fishing Year 2010 Georges Bank Yellowtail Flounder Total Allowable Catch, 55286-55288 [2010-22634]

Download as PDF 55286 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations Community No. State and location Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain federal assistance no longer available in SFHAs Sitka, City and Borough of. ................... 020006 November 8, 1974, Emerg; June 1, 1982, Reg; September 29, 2010, Susp. ......do ............... Do. Oregon: Albany, City of, Benton and Linn Counties. Brownsville, City of, Linn County .......... 410137 ......do ............... Do. ......do ............... Do. Harrisburg, City of, Linn County ............ 410140 ......do ............... Do. Lebanon, City of, Linn County ............... 410141 ......do ............... Do. Linn County, Unincorporated Areas ...... 410136 ......do ............... Do. Lyons, City of, Linn County ................... 410142 ......do ............... Do. Mill City, City of, Linn County ................ 410143 ......do ............... Do. Millersburg, City of, Linn County ........... 410284 ......do ............... Do. Scio, City of, Linn County ...................... 410144 ......do ............... Do. Sweet Home, City of, Linn County ........ 410146 ......do ............... Do. Tangent, City of, Linn County ............... 410147 July 2, 1974, Emerg; April 3, 1985, Reg; September 29, 2010, Susp. August 19, 1974, Emerg; August 17, 1981, Reg; September 29, 2010, Susp. December 31, 1974, Emerg; February 3, 1982, Reg; September 29, 2010, Susp. June 10, 1975, Emerg; July 2, 1981, Reg; September 29, 2010, Susp. April 9, 1974, Emerg; September 29, 1986, Reg; September 29, 2010, Susp. February 28, 1975, Emerg; December 15, 1981, Reg; September 29, 2010, Susp. May 20, 1975, Emerg; March 1, 1979, Reg; September 29, 2010, Susp. July 21, 1982, Emerg; July 21, 1982, Reg; September 29, 2010, Susp. August 15, 1974, Emerg; August 1, 1984, Reg; September 29, 2010, Susp. April 17, 1975, Emerg; March 1, 1982, Reg; September 29, 2010, Susp. September 5, 1975, Emerg; May 17, 1982, Reg; September 29, 2010, Susp. ......do ............... Do. 410138 *-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: September 1, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation. [FR Doc. 2010–22586 Filed 9–9–10; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 0910051338–0403–04] RIN 0648–AY29 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Adjustment to Fishing Year 2010 Georges Bank Yellowtail Flounder Total Allowable Catch National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary final rule; adjustment to specifications. WReier-Aviles on DSKJ8SOYB1PROD with RULES AGENCY: Final catch data for the 2009 fishing year (FY) (May 1, 2009–April 30, 2010) indicate that the total catch of Georges Bank (GB) yellowtail flounder was 1,770 mt, exceeding the 1,617 mt FY 2009 Total Allowable Catch (TAC) by 153 mt. The regulations require that SUMMARY: VerDate Mar<15>2010 14:26 Sep 09, 2010 Jkt 220001 any overage of the GB yellowtail flounder TAC specified for the common pool, individual sectors, or the scallop fishery in one FY be subtracted from the respective TACs in the following FY. Therefore, NMFS hereby announces deductions to the FY 2010 GB yellowtail flounder TAC, including how the deduction will be divided between the annual catch limit (ACL) for common pool vessels (common pool sub-ACL), and the ACL for sector vessels (sector sub-ACL). DATES: Effective September 7, 2010 through April 30, 2011. FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, (978) 281–9341. SUPPLEMENTARY INFORMATION: The TACs for Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder in the U.S./ Canada Management Area were published in the Federal Register on April 9, 2010 (75 FR 18356) as part of the Framework Adjustment 44 (FW 44) final rule. That action established the FY 2010 U.S. TACs of GB cod, haddock, and yellowtail flounder at 338 mt, 11,988 mt, and 1,200 mt, respectively, and specified that, should an analysis of the catch by U.S. vessels indicate that an overage occurred during FY 2009, the pertinent TAC would be adjusted downward in order to be consistent with the FMP and the U.S./Canada Resource Sharing Understanding (Understanding). The regulations at PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 § 648.85(a)(2)(ii) require that ‘‘any overages of the GB cod and GB haddock TACs specified for either the common pool or individual sectors, or any overages of the GB yellowtail flounder TAC specified for the common pool, individual sectors, or the scallop fishery * * * that occur in a given fishing year will be subtracted from the respective TAC in the following fishing year.’’ The final annual catch analysis cannot be completed until about 1 month into the following FY because of the need to include any late reports from vessels and dealers. Therefore, any required TAC adjustment must be made during the FY following the FY in which the overage occurred. Based upon vessel reports, dealer reports, and other information available as of June 8, 2010, the total estimated catch of GB yellowtail flounder in the U.S./Canada Management Area during FY 2009 was 1,770 mt. This exceeds the overall FY 2009 GB yellowtail flounder TAC of 1,617 mt by 153 mt. Therefore, an overage of 153 mt of GB yellowtail flounder must be subtracted from the overall FY 2010 U.S./Canada GB yellowtail flounder TAC through this action. This results in an adjusted overall TAC of 1,047 mt for FY 2010 for GB yellowtail flounder. The Eastern GB cod and haddock TACs were not exceeded in FY 2009. Therefore, these two TACs are not adjusted. E:\FR\FM\10SER1.SGM 10SER1 WReier-Aviles on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations The current regulatory provision requires that the reduction in the GB yellowtail flounder TAC be applied to the common pool, individual sectors, and scallop TACs, based on any overages in the previous year’s TACs for each of these three components of the fishery. In FY 2009, however, with the exception of a bycatch TAC allocation to the scallop fishery, there was only an overall TAC allocated to the groundfish fishery, with no specific allocation to the common pool or individual sectors. Therefore, although there is a requirement to reduce this year’s GB yellowtail flounder TAC by last year’s overall overage, there is no specific regulatory provision describing how to allocate the reduction among these three components in this FY. (This is relevant to this FY only.) This action implements the required reduction and, pursuant to the agency’s general regulatory authority under section 305(d) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1855), creates an ad hoc method to prorate this reduction between the common pool and individual sectors based on the percentages of TAC allocated to the common pool and individual sectors for FY 2010. The FW 44 final rule set the FY 2010 GB yellowtail flounder ACL subcomponent for the scallop fishery to account for 100 percent of the anticipated GB yellowtail flounder bycatch in that fishery. Therefore, there is no rational basis to reduce scallop bycatch allocation this year. Implementing this method for allocating the reduction in TAC between the common pool and individual sectors is necessary to ensure consistency with the intent of Amendment 16 and FW 44. To understand how the reduction is to be prorated it is necessary to describe how the allocation of TACs among the various components of the fishery is done. For transboundary managed stocks, the Acceptable Biological Catch (ABC) is equivalent to the U.S. portion of the TAC negotiated under the Understanding. The total ACL (or TAC) is set lower than the ABC to account for management uncertainty. For yellowtail flounder, the total ACL (or TAC) is subdivided into sub-ACLs (or TACs) for the groundfish fishery (sectors and common pool) and other ACL subcomponents, including an allocation to account for bycatch in the scallop fishery, and bycatch in other fisheries. The sector sub-ACL is further divided into Annual Catch Entitlement (ACE) values (or TACs) for each of the 17 NE multispecies sectors. The 17 sector ACEs that constitute the sector sub-ACL for FY 2010 were initially published on VerDate Mar<15>2010 14:26 Sep 09, 2010 Jkt 220001 April 9, 2010 (75 FR 18113), in the sector final rule. These common pool and sector allocations were subsequently modified by a rule published on May 26, 2010 (75 FR 29459), to adjust for final sector membership rosters. The percentage allocations of TACs to these sub-ACLs and ACEs form the basis for prorating the reduction dictated by the 2009 FY’s overage. Table 1 contains the new values for the ABC, ACL, sub-ACLs, and ACL subcomponents for GB yellowtail flounder implemented by this action. Table 2 contains details of the adjustments to each of the 17 sector’s ACEs for GB yellowtail flounder as a result of this action. TABLE 1—GB YELLOWTAIL FLOUNDER ABC, ACL, SUB-ACL, AND ACL SUBCOMPONENTS FOR FY 2010 (MT) Previous value ABC .......................... Total ACL .................. Scallop Fishery ACL Subcomponent ...... Other ACL Subcomponents ........... Groundfish Total ACL Sector Sub-ACL* ...... Common Pool SubACL ....................... New value 1,200 1,170 1,047 1,021 146 146 60 964 941 52 823 803 23 20 *All sub-ACL values for sectors assume that each sector MRI has a valid permit for FY 2010. TABLE 2—GB YELLOWTAIL FLOUNDER ACE FOR EACH SECTOR FOR FY 2010 (MT)* Sector name FGS .......................... NCCS ........................ NEFS 2 ..................... NEFS 3 ..................... NEFS 4 ..................... NEFS 5 ..................... NEFS 6 ..................... NEFS 7 ..................... NEFS 8 ..................... NEFS 9 ..................... NEFS 10 ................... NEFS 11 ................... NEFS 12 ................... NEFS 13 ................... PCCGS ..................... SHS .......................... TSS ........................... Previous ACE (mt) New ACE (mt) 0 8 16 0 21 92 13 156 154 183 0 0 0 149 0 79 70 0 7 14 0 18 79 11 133 131 156 0 0 0 127 0 68 60 * All ACE values for sectors outlined in Table 1 assume that each sector MRI has a valid permit for FY 2010. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 55287 George Bank Cod Fixed Gear Sector (FGS), Northeast Coastal Communities Sector (NCCS), Northeast Fishery Sectors (NEFS), Port Clyde Community Groundfish Sector (PCCGS), Sustainable Harvest Sector (SHS), and Tri-State Sector (TSS). FW 44 specified an incidental catch TAC for the Regular B Days-at Sea (DAS) Program, equivalent to 2 percent of the GB yellowtail flounder common pool sub-ACL. As a result of the adjustment to the common pool subACL, this incidental catch TAC is reduced from 0.47 mt to 0.40 mt. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), the Assistant Administrator finds 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 unnecessary, impractical, and contrary to the public interest. Any delay in this action to allow for prior public comment could result in overharvest of the new GB yellowtail flounder allocation by a sector or the common pool. Such an overage would result in closure of the Eastern U.S./Canada Area, and zero possession of GB yellowtail flounder for the affected group and, therefore, loss of opportunities to fish for other stocks. Further, the regulations at § 648.85(a)(2)(ii), which were subject to prior public comment, require that any overage of the TAC for GB yellowtail flounder be deducted from the TAC in the following FY. Accordingly, the action being taken by this temporary rule is non-discretionary. Since this is a non-discretionary action, based on numerous records solely in the possession of NMFS, public comment would not serve to inform the agency calculation of the overage and its deduction from the appropriate TAC. The rate of harvest of GB yellowtail flounder by groundfish vessels and scallop vessels fishing in the Scallop Access Areas in the U.S./Canada Management Area, as reported from Vessel Monitoring Systems, is updated weekly on the Internet at http:// www.nero.noaa.gov. Accordingly, the public is able to obtain information that would provide at least some advance notice of a potential action as a result of a GB yellowtail flounder TAC being exceeded during FY 2009. Further, the potential that one or more of the FY 2009 TACs for the U.S./Canada stocks could be exceeded, and therefore reduce the FY 2010 TAC, was considered and E:\FR\FM\10SER1.SGM 10SER1 55288 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations open to public comment during the proposed rule stage of FW44. Authority: 16 U.S.C. 1801 et seq. Dated: September 3, 2010. Eric C. Schwaab, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2010–22634 Filed 9–7–10; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131362–0087–02] RIN 0648–XY88 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 in 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 pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2010 total allowable catch (TAC) of pollock for Statistical Area 620 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 7, 2010, through 1200 hrs, A.l.t., October 1, 2010. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The C season allowance of the 2010 TAC of pollock in Statistical Area 620 of the GOA is 4,878 metric tons (mt) as established by the final 2010 and 2011 harvest specifications for groundfish of the GOA (75 FR 11749, March 12, 2010). In accordance with § 679.20(a)(5)(iv)(B) the Administrator, Alaska Region, NMFS (Regional Administrator), hereby decreases the C season pollock allowance by NNN mt to reflect the total amount of pollock TAC that has been WReier-Aviles on DSKJ8SOYB1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:26 Sep 09, 2010 Jkt 220001 caught prior to the C season in Statistical Area 620. Therefore, the revised C season allowance of the pollock TAC in Statistical Area 620 is NNN mt (4,878 mt minus NNN mt). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the C season allowance of the 2010 TAC of pollock in Statistical Area 620 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of NNN mt, and is setting aside the remaining 10 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of pollock in Statistical Area 620 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 6, 2010. The AA also finds good cause to waive the 30–day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 7, 2010. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–22637 Filed 9–7–10; 4:15 pm] BILLING CODE 3510–22–S PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XY87 Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of closure. AGENCY: NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2010 total allowable catch (TAC) of northern rockfish in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 7, 2010, through 1200 hrs, A.l.t., December 31, 2010. Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 27, 2010. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by 0648–XY87, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at http://www.regulations.gov. • Mail: P.O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) file formats only. SUMMARY: E:\FR\FM\10SER1.SGM 10SER1

Agencies

[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Rules and Regulations]
[Pages 55286-55288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22634]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0910051338-0403-04]
RIN 0648-AY29


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Adjustment to Fishing Year 2010 Georges Bank 
Yellowtail Flounder Total Allowable Catch

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

ACTION: Temporary final rule; adjustment to specifications.

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

SUMMARY: Final catch data for the 2009 fishing year (FY) (May 1, 2009-
April 30, 2010) indicate that the total catch of Georges Bank (GB) 
yellowtail flounder was 1,770 mt, exceeding the 1,617 mt FY 2009 Total 
Allowable Catch (TAC) by 153 mt. The regulations require that any 
overage of the GB yellowtail flounder TAC specified for the common 
pool, individual sectors, or the scallop fishery in one FY be 
subtracted from the respective TACs in the following FY. Therefore, 
NMFS hereby announces deductions to the FY 2010 GB yellowtail flounder 
TAC, including how the deduction will be divided between the annual 
catch limit (ACL) for common pool vessels (common pool sub-ACL), and 
the ACL for sector vessels (sector sub-ACL).

DATES: Effective September 7, 2010 through April 30, 2011.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
(978) 281-9341.

SUPPLEMENTARY INFORMATION: The TACs for Eastern GB cod, Eastern GB 
haddock, and GB yellowtail flounder in the U.S./Canada Management Area 
were published in the Federal Register on April 9, 2010 (75 FR 18356) 
as part of the Framework Adjustment 44 (FW 44) final rule. That action 
established the FY 2010 U.S. TACs of GB cod, haddock, and yellowtail 
flounder at 338 mt, 11,988 mt, and 1,200 mt, respectively, and 
specified that, should an analysis of the catch by U.S. vessels 
indicate that an overage occurred during FY 2009, the pertinent TAC 
would be adjusted downward in order to be consistent with the FMP and 
the U.S./Canada Resource Sharing Understanding (Understanding). The 
regulations at Sec.  648.85(a)(2)(ii) require that ``any overages of 
the GB cod and GB haddock TACs specified for either the common pool or 
individual sectors, or any overages of the GB yellowtail flounder TAC 
specified for the common pool, individual sectors, or the scallop 
fishery * * * that occur in a given fishing year will be subtracted 
from the respective TAC in the following fishing year.'' The final 
annual catch analysis cannot be completed until about 1 month into the 
following FY because of the need to include any late reports from 
vessels and dealers. Therefore, any required TAC adjustment must be 
made during the FY following the FY in which the overage occurred.
    Based upon vessel reports, dealer reports, and other information 
available as of June 8, 2010, the total estimated catch of GB 
yellowtail flounder in the U.S./Canada Management Area during FY 2009 
was 1,770 mt. This exceeds the overall FY 2009 GB yellowtail flounder 
TAC of 1,617 mt by 153 mt. Therefore, an overage of 153 mt of GB 
yellowtail flounder must be subtracted from the overall FY 2010 U.S./
Canada GB yellowtail flounder TAC through this action. This results in 
an adjusted overall TAC of 1,047 mt for FY 2010 for GB yellowtail 
flounder. The Eastern GB cod and haddock TACs were not exceeded in FY 
2009. Therefore, these two TACs are not adjusted.

[[Page 55287]]

    The current regulatory provision requires that the reduction in the 
GB yellowtail flounder TAC be applied to the common pool, individual 
sectors, and scallop TACs, based on any overages in the previous year's 
TACs for each of these three components of the fishery. In FY 2009, 
however, with the exception of a bycatch TAC allocation to the scallop 
fishery, there was only an overall TAC allocated to the groundfish 
fishery, with no specific allocation to the common pool or individual 
sectors. Therefore, although there is a requirement to reduce this 
year's GB yellowtail flounder TAC by last year's overall overage, there 
is no specific regulatory provision describing how to allocate the 
reduction among these three components in this FY. (This is relevant to 
this FY only.) This action implements the required reduction and, 
pursuant to the agency's general regulatory authority under section 
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1855), creates an ad hoc method to prorate this reduction 
between the common pool and individual sectors based on the percentages 
of TAC allocated to the common pool and individual sectors for FY 2010. 
The FW 44 final rule set the FY 2010 GB yellowtail flounder ACL 
subcomponent for the scallop fishery to account for 100 percent of the 
anticipated GB yellowtail flounder bycatch in that fishery. Therefore, 
there is no rational basis to reduce scallop bycatch allocation this 
year. Implementing this method for allocating the reduction in TAC 
between the common pool and individual sectors is necessary to ensure 
consistency with the intent of Amendment 16 and FW 44.
    To understand how the reduction is to be prorated it is necessary 
to describe how the allocation of TACs among the various components of 
the fishery is done. For transboundary managed stocks, the Acceptable 
Biological Catch (ABC) is equivalent to the U.S. portion of the TAC 
negotiated under the Understanding. The total ACL (or TAC) is set lower 
than the ABC to account for management uncertainty. For yellowtail 
flounder, the total ACL (or TAC) is subdivided into sub-ACLs (or TACs) 
for the groundfish fishery (sectors and common pool) and other ACL 
subcomponents, including an allocation to account for bycatch in the 
scallop fishery, and bycatch in other fisheries. The sector sub-ACL is 
further divided into Annual Catch Entitlement (ACE) values (or TACs) 
for each of the 17 NE multispecies sectors. The 17 sector ACEs that 
constitute the sector sub-ACL for FY 2010 were initially published on 
April 9, 2010 (75 FR 18113), in the sector final rule. These common 
pool and sector allocations were subsequently modified by a rule 
published on May 26, 2010 (75 FR 29459), to adjust for final sector 
membership rosters. The percentage allocations of TACs to these sub-
ACLs and ACEs form the basis for prorating the reduction dictated by 
the 2009 FY's overage.
    Table 1 contains the new values for the ABC, ACL, sub-ACLs, and ACL 
subcomponents for GB yellowtail flounder implemented by this action. 
Table 2 contains details of the adjustments to each of the 17 sector's 
ACEs for GB yellowtail flounder as a result of this action.

Table 1--GB Yellowtail Flounder ABC, ACL, sub-ACL, and ACL Subcomponents
                            for FY 2010 (mt)
------------------------------------------------------------------------
                                                     Previous
                                                      value    New value
------------------------------------------------------------------------
ABC...............................................      1,200      1,047
Total ACL.........................................      1,170      1,021
Scallop Fishery ACL Subcomponent..................        146        146
Other ACL Subcomponents...........................         60         52
Groundfish Total ACL..............................        964        823
Sector Sub-ACL*...................................        941        803
Common Pool Sub-ACL...............................         23         20
------------------------------------------------------------------------
*All sub-ACL values for sectors assume that each sector MRI has a valid
  permit for FY 2010.


  Table 2--GB Yellowtail Flounder ACE for Each Sector for FY 2010 (mt)*
------------------------------------------------------------------------
                                                     Previous   New ACE
                    Sector name                     ACE  (mt)     (mt)
------------------------------------------------------------------------
FGS...............................................          0          0
NCCS..............................................          8          7
NEFS 2............................................         16         14
NEFS 3............................................          0          0
NEFS 4............................................         21         18
NEFS 5............................................         92         79
NEFS 6............................................         13         11
NEFS 7............................................        156        133
NEFS 8............................................        154        131
NEFS 9............................................        183        156
NEFS 10...........................................          0          0
NEFS 11...........................................          0          0
NEFS 12...........................................          0          0
NEFS 13...........................................        149        127
PCCGS.............................................          0          0
SHS...............................................         79         68
TSS...............................................         70         60
------------------------------------------------------------------------
* All ACE values for sectors outlined in Table 1 assume that each sector
  MRI has a valid permit for FY 2010.
George Bank Cod Fixed Gear Sector (FGS), Northeast Coastal Communities
  Sector (NCCS), Northeast Fishery Sectors (NEFS), Port Clyde Community
  Groundfish Sector (PCCGS), Sustainable Harvest Sector (SHS), and Tri-
  State Sector (TSS).

    FW 44 specified an incidental catch TAC for the Regular B Days-at 
Sea (DAS) Program, equivalent to 2 percent of the GB yellowtail 
flounder common pool sub-ACL. As a result of the adjustment to the 
common pool sub-ACL, this incidental catch TAC is reduced from 0.47 mt 
to 0.40 mt.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), the Assistant 
Administrator finds 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 
unnecessary, impractical, and contrary to the public interest. Any 
delay in this action to allow for prior public comment could result in 
overharvest of the new GB yellowtail flounder allocation by a sector or 
the common pool. Such an overage would result in closure of the Eastern 
U.S./Canada Area, and zero possession of GB yellowtail flounder for the 
affected group and, therefore, loss of opportunities to fish for other 
stocks. Further, the regulations at Sec.  648.85(a)(2)(ii), which were 
subject to prior public comment, require that any overage of the TAC 
for GB yellowtail flounder be deducted from the TAC in the following 
FY. Accordingly, the action being taken by this temporary rule is non-
discretionary. Since this is a non-discretionary action, based on 
numerous records solely in the possession of NMFS, public comment would 
not serve to inform the agency calculation of the overage and its 
deduction from the appropriate TAC.
    The rate of harvest of GB yellowtail flounder by groundfish vessels 
and scallop vessels fishing in the Scallop Access Areas in the U.S./
Canada Management Area, as reported from Vessel Monitoring Systems, is 
updated weekly on the Internet at http://www.nero.noaa.gov. 
Accordingly, the public is able to obtain information that would 
provide at least some advance notice of a potential action as a result 
of a GB yellowtail flounder TAC being exceeded during FY 2009. Further, 
the potential that one or more of the FY 2009 TACs for the U.S./Canada 
stocks could be exceeded, and therefore reduce the FY 2010 TAC, was 
considered and

[[Page 55288]]

open to public comment during the proposed rule stage of FW44.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 3, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-22634 Filed 9-7-10; 4:15 pm]
BILLING CODE 3510-22-P