Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Reductions and Gear Modifications for the Common Pool Fishery, 59154-59156 [2010-24188]
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59154
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
the member’s appointment if that
member receives an unfavorable
background investigation. In instances
in which Council members may need to
discuss, at closed meetings, materials
classified for national security purposes,
the agency or individual (e.g.,
Department of State, U.S. Coast Guard)
providing such classified information
will be responsible for ensuring that
Council members and other attendees
have the appropriate security
clearances.
*
*
*
*
*
■ 20. Section 600.250 is added to
subpart C to read as follows:
§ 600.250
Council member training.
(a) The Secretary shall provide a
training course covering a variety of
topics relevant to matters before the
Councils and shall make the training
course available to all Council members
and staff and staff from NMFS regional
offices and science centers. To the
extent resources allow, the Secretary
will make the training available to
Council committee and advisory panel
members.
(b) Council members appointed after
January 12, 2007, shall, within one year
of appointment, complete the training
course developed by the Secretary. Any
Council member who completed such a
training course within 24 months of
January 12, 2007, is considered to have
met the training requirement of this
section.
[FR Doc. 2010–24222 Filed 9–24–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100120036–0360–02]
RIN 0648–XT99
Fisheries of the Northeastern United
States; Black Sea Bass Fishery; 2010
Black Sea Bass Specifications;
Emergency Rule Extension; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; correction.
mstockstill on DSKH9S0YB1PROD with RULES
AGENCY:
On July 7, 2010, NMFS
published in the Federal Register a
temporary rule to extend the emergency
action to increase the 2010 black sea
bass specifications. The preamble text of
that rule incorrectly identified the
SUMMARY:
VerDate Mar<15>2010
16:28 Sep 24, 2010
Jkt 220001
revised commercial quota and
recreational harvest limit (RHL) based
on the increased 2010 black sea bass
total allowable landings (TAL). This
document corrects those values to
ensure that they are consistent with the
revised 2010 black sea bass
specifications.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule is exempt from review
under Executive Order 12866.
Effective August 10, 2010,
through December 31, 2010.
Correction
DATES:
FOR FURTHER INFORMATION CONTACT:
Sarah Heil, Fishery Management
Specialist, (978) 281–9257.
SUPPLEMENTARY INFORMATION: A
temporary rule to extend the emergency
action to increase the 2010 black sea
bass specifications was published in the
Federal Register on July 7, 2010 (75 FR
38935). On page 38935 of that rule, the
commercial quota is incorrectly listed as
1,813,000 lb (822 (mt), and the RHL is
listed as 1,887,000 lb (856 mt). The
corrected values for these specifications
are as follows: The commercial quota is
1,758,610 lb (798 mt) and the RHL is
1,830,390 lb (830 mt).
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator (AA) for
NOAA, Fisheries finds good cause to
waive prior notice and opportunity for
additional public comment for this
action because any delay of this action
would be contrary to the public interest.
This rule corrects the commercial quota
and RHL values published in the
Federal Register on July 7, 2010 (75 FR
38935), as part of the extension to the
emergency rule to increase the 2010
black sea bass specifications. The
measures in the extension to the
emergency rule, published in the
Federal Register on July 7, 2010, were
intended to be the same as those
published in the initial emergency
action on February 10, 2010 (75 FR
6586). However, the extension to the
emergency rule incorrectly identified
the revised commercial quota and RHL
values based on the increased 2010
black sea bass TAL. To delay this
correction notice would cause confusion
over the revised 2010 black sea bass
specifications because of the disparity
between the revised specifications and
the commercial quota and RHL values
that were incorrectly identified in the
extension to the emergency rule.
Immediate publication of the corrected
commercial quota and RHL will rectify
any confusion on the revised 2010 black
sea bass specifications. For the reasons
provided above, the AA also finds good
cause, pursuant to 5 U.S.C. 553(d)(3), to
waive the 30-day delayed effective
period for this correction.
Frm 00098
Fmt 4700
Dated: September 21, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–24219 Filed 9–24–10; 8:45 am]
BILLING CODE 3510–22–S
Classification
PO 00000
Accordingly, the final rule FR Doc.
2010–16498, published on July 7, 2010
(75 FR 38935), is corrected as follows:
1. On page 38935, In the second
column, in the first full paragraph, in
the twentieth line, ‘‘1,813,000 lb (822
mt),’’ is corrected to read ‘‘1,758,610 lb
(798 mt),’’ and in the twenty-second
line, ‘‘1,887,000 lb (856 mt),’’ is
corrected to read ‘‘1,830,390 lb (830
mt),’’.
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0910051338–0151–02]
RIN 0648–XZ07
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trip Limit Reductions and
Gear Modifications for the Common
Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment of landing limits and gear
requirements.
AGENCY:
This action decreases the
landing limits for Gulf of Maine (GOM)
cod to 100 lb (45.4 kg) per days-at-sea
(DAS) up to 1000 lb (453.6 kg) per trip,
Georges Bank (GB) yellowtail flounder
to 100 lb (45.4 kg) per trip, and white
hake to 100 lb (45.4 kg) per DAS up to
500 lb (226.8 kg) per trip; expands the
trawl gear restriction in the U.S./Canada
Management Area to include the entire
Western U.S./Canada Area; and
authorizes the use of the rope separator
trawl in the Western U.S./Canada Area
for NE multispecies vessels fishing in
the common pool for the remainder of
SUMMARY:
E:\FR\FM\27SER1.SGM
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mstockstill on DSKH9S0YB1PROD with RULES
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
the 2010 fishing year (FY) (through
April 30, 2011). This action is
authorized under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), and by the
regulations implementing Amendment
16 and Framework Adjustment 44 (FW
44) to the NE Multispecies Fishery
Management Plan (FMP). It is intended
to optimize the harvest of NE regulated
multispecies by decreasing the
likelihood of harvest exceeding the
subcomponent of the annual catch limit
(ACL) allocated to the common pool
(common pool sub-ACL) for each of
these three stocks during FY 2010 (May
1, 2010, through April 30, 2011).
DATES: September 27, 2010, through
April 30, 2011.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing possession and
landing limits for vessels fishing under
common pool regulations are found at
§ 648.86. The regulations authorize
vessels issued a valid limited access NE
multispecies permit and fishing under a
NE multispecies day-at-sea (DAS), or
fishing under a NE multispecies Small
Vessel or Handgear A or B category
permit, to fish for and retain NE
multispecies under specified
conditions. The vessels fishing in the
common pool are allocated a sub-ACL
equivalent to that portion of the
commercial groundfish ACL that is not
allocated to the 17 approved NE
multispecies sectors for FY 2010. The
final rule implementing FW 44 (75 FR
18356, April 9, 2010) established ACLs
for FY 2010, which were modified by a
subsequent rule (75 FR 29459, May 26,
2010). For FY 2010, the common pool
sub-ACLs for these stocks are: 240 mt
(529,109 lb) for GOM cod, 20 mt (43,954
lb) for GB yellowtail flounder, and 51
mt (112,436 lb) for white hake.
The regulations at § 648.86(o)
authorize the Administrator, Northeast
(NE) Region, NMFS (Regional
Administrator) to increase or decrease
the trip limits for vessels in the common
pool to optimize the harvest of NE
regulated species by preventing overharvesting or under-harvesting the
common pool sub-ACL. The current
relevant FY 2010 trip limits are: 200 lb
(90.7 kg)/DAS up to 1,000 lb (453.6 kg)/
trip for GOM cod; 1,000 lb (453.6 kg)/
trip for GB yellowtail flounder; and
2,000 lb (907.2 kg)/DAS up to 10,000 lb
(4,535.9 kg)/trip for white hake.
Exceeding the common pool sub-ACL
prior to April 30, 2011, would trigger
accountability measures (AMs) in FY
VerDate Mar<15>2010
16:28 Sep 24, 2010
Jkt 220001
2011--specifically, differential DAS
counting, to prevent future overages.
An inseason action published in the
Federal Register on May 27, 2010 (75
FR 29678), reduced the common pool
trip limits for five stocks: GOM
haddock, GB haddock, GOM winter
flounder, GB winter flounder, and GB
yellowtail flounder. A subsequent
action (75 FR 44924, July 30, 2010)
reduced the trip limit for GOM cod and
imposed a gear restriction in the U.S./
Canada Management Area to reduce
catch of GB yellowtail flounder. A third
action (75 FR 48613, August 11, 2010)
imposed a trip limit for witch flounder
and removed the trip limit for pollock.
A September 2, 2010, inseason action
(75 FR 53872) imposed 2:1 differential
DAS counting in the Inshore GOM,
Offshore GOM, Inshore GB, and
Offshore GB Differential DAS Areas to
reduce effort on GOM cod, white hake,
and witch flounder.
Initial vessel monitoring system
(VMS) and dealer reports indicate that
approximately 91.4 percent of the GOM
cod, 90.2 percent of the GB yellowtail
flounder, and 65.5 percent of the white
hake common pool sub-ACLs had been
harvested as of September 11, 2010.
Although there are relatively few
common pool vessels landing
groundfish, such vessels have been
leasing in additional DAS from other
vessels, and a substantial portion of the
FY remains. Even minimal future
fishing activity will likely increase catch
of the stocks of concern. Should the
common pool sub-ACLs be exceeded
prior to April 30, 2011, AMs would be
automatically triggered for the common
pool fishery in FY 2011.
Based on this information, the
Regional Administrator has determined
that despite previous inseason actions,
additional measures are needed to help
ensure that the common pool sub-ACLs
are not exceeded before the end of the
FY. To that end the Regional
Administrator is implementing the trip
limit changes in the following table,
effective September 27, 2010 through
April 30, 2011, as well as restrictions on
the use of trawl gear in the entire
Western U.S./Canada Area as more fully
described below.
Stock
NewTrip Limit
GOM Cod
100 lb (45.4 kg) per
DAS, up to 1000 lb
(453.6 kg) per trip
GB Yellowtail Flounder
100 lb (45.4 kg) per
trip
PO 00000
Frm 00099
Fmt 4700
Sfmt 4700
Stock
White Hake
59155
NewTrip Limit
100 lb (45.4 kg) per
DAS, up to 500 lb
(226.8 kg) per trip
On July 30, 2010, NMFS implemented
a prohibition on the use of trawl gear,
except for the haddock separator trawl
and the Ruhle trawl, as specified at
§§ 648.85(a)(3)(iii) and (b)(6)(iv)(J)(3),
respectively, by any limited access NE
multispecies common pool vessel that
harvests, possesses, or lands fish from,
or deploys its net during any part of a
trip in, the Western U.S./Canada Area
south of 41° 40′ N. lat. when fishing
under a NE multispecies DAS, to reduce
catches and discards of GB yellowtail
flounder. This allowed a vessel to
continue to fish for other stocks north of
41° 40′ N. lat., where NMFS at-sea
observer data indicate catch rates of
yellowtail flounder are lower. However,
due to the small amount of GB
yellowtail flounder remaining for the
common pool fishery (approximately 2
mt (4,409 lb)) any catch of GB yellowtail
flounder in this area could exceed the
remaining sub-ACL. Given this concern,
expanding the gear restriction to the
entire Western U.S./Canada Area is
warranted, and is implemented through
this action.
The current Western U.S./Canada
Area trawl gear restriction inadvertently
omitted rope separator trawl gear as an
acceptable type of gear that could be
allowed to slow the catch and discard
rates of GB yellowtail flounder. This
omission, which was inconsistent with
gear allowed in the adjacent Western GB
Multispecies Restricted Gear Area
(RGA) as specified at § 648.81(n) is
corrected through this action to ensure
flexibility in gears allowed, and to be
consistent with gear restrictions in the
RGA. This action now allows common
pool vessels to use the rope separator
trawl, as defined at § 648.81(n)(3)(i)(A),
when fishing in the Western U.S./
Canada Area. A vessel that fishes in the
Eastern U.S./Canada Area is still
restricted from using a flounder trawl
and may only use either a haddock
separator trawl or a Ruhle trawl, as the
rope separator trawl is not an authorized
gear type in the Eastern U.S./Canada
Area.
The regulations at § 648.85(a)(3)(iv)(D)
specify that, if the Regional
Administrator requires use of a
particular gear type in order to reduce
catches of stocks of concern, the
following gear performance incentives
will apply: Possession of flounders (all
species combined), monkfish, and
skates is limited to 500 lb (226.8 kg)
(whole weight) each (i.e., no more than
E:\FR\FM\27SER1.SGM
27SER1
59156
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Rules and Regulations
mstockstill on DSKH9S0YB1PROD with RULES
500 lb (226.8 kg) of all flounders, no
more than 500 lb (226.8 kg) of monkfish,
and no more than 500 lb (226.8 kg) of
skates), and possession of lobsters is
prohibited. Therefore, common pool
vessels fishing any part of a trip in any
part of the U.S./Canada Management
Area (Eastern or Western Areas) are
restricted to these catch limits for the
duration of that trip, and, of the 500 lb
(226.8 kg) of flounders, no more than
100 lb ( 45.4 kg) may be GB yellowtail
flounder.
Catch will be closely monitored
through dealer-reported landings, VMS
catch reports, and other available
information. Further inseason
adjustments to increase or decrease the
trip limits, or to adjust differential DAS
measures, may be considered, based on
updated catch data and projections.
Conversely, if the common pool subACL is projected to be under-harvested
by the end of FY 2010, in-season
adjustments to increase the trip limit for
the remainder of FY2010 will be
considered.
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 under §§ 648.86(o) and
648.85(a)(3)(iv)(D) grant the RA the
authority to adjust NE multispecies trip
limits and implement gear restrictions
in the U.S./Canada Management Area to
prevent over-harvesting or underharvesting the common pool sub-ACLs.
This action will implement more
restrictive trip limits for GOM cod, GB
yellowtail flounder, and white hake in
order to ensure that the common pool
sub-ACLs are not overharvested, and
that the biological and economic
objectives of the FMP are met. It is
important to take this action
immediately because, based on current
data and projections, continuation of the
status quo trip limits will result in
reaching the respective common pool
sub-ACLs prior to the end of the FY.
Inseason adjustments in FY 2010 have
already reduced the landing limits for
GOM cod (July 30, 2010) and GB
yellowtail flounder (May 27, 2010),
implemented a gear restriction in most
of the Western U.S./Canada Area (July
30, 2010), and implemented differential
DAS counting in the GOM and GB to
minimize the chance of exceeding the
VerDate Mar<15>2010
16:28 Sep 24, 2010
Jkt 220001
sub-ACL for GOM cod and white hake,
as well as other stocks (September 2,
2010). Attainment of any of the common
pool sub-ACLs prior to the end of the
FY on April 30, 2011, would result in
AMs being put in place for the common
pool in FY 2011. These restrictions
could result in the loss of yield of other
valuable species caught by vessels in the
common pool. The information that is
the basis for this action includes recent
catch data that 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 a reduced trip limit and
additional gear restrictions in a timely
manner. A resulting delay in the
curtailment of the catch rate of these
three stocks could result in less revenue
for the fishing industry and be counter
to the objective of achieving optimum
yield from the fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–24188 Filed 9–22–10; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 0912281446–0111–02]
RIN 0648–XY79
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific sardine off the coasts
of Washington, Oregon and California.
This action is necessary because the
directed harvest allocation total for the
third seasonal period (September 15
December 31) is projected to be reached
by the effective date of this rule. From
the effective date of this rule until
January 1, 2011, Pacific sardine can only
be harvested as part of the live bait
fishery or incidental to other fisheries;
the incidental harvest of Pacific sardine
is limited to 30–percent by weight of all
fish per trip. Fishing vessels must be at
shore and in the process of offloading at
SUMMARY:
PO 00000
Frm 00100
Fmt 4700
Sfmt 4700
12:01 am Pacific Daylight Time on date
of closure.
DATES: Effective 12:01 am Pacific
Daylight Time (PDT) September 24,
2010, through December 31, 2010.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: This
document announces that based on the
best available information recently
obtained from the fishery and
information on past effort, the directed
fishing harvest allocation for the third
allocation period (September 15
December 31) will be reached and
therefore directed fishing for Pacific
sardine is being closed until January 1,
2011. Fishing vessels must be at shore
and in the process of offloading at the
time of closure. From 12:01 am on the
date of closure through December 31,
2010, Pacific sardine may be harvested
only as part of the live bait fishery or
incidental to other fisheries, with the
incidental harvest of Pacific sardine
limited to 30–percent by weight of all
fish caught during a trip.
NMFS manages the Pacific sardine
fishery in the U.S. exclusive economic
zone (EEZ) off the Pacific coast
(California, Oregon, and Washington) in
accordance with the Coastal Pelagic
Species (CPS) Fishery Management Plan
(FMP). Annual specifications published
in the Federal Register establish the
harvest guideline (HG) and allowable
harvest levels for each Pacific sardine
fishing season (January 1 - December
31). If during any of the seasonal
allocation periods the applicable
adjusted directed harvest allocation is
projected to be taken, only incidental
harvest is allowed and, for the
remainder of the period, any incidental
Pacific sardine landings will be counted
against that period’s incidental set
aside. In the event that an incidental setaside is projected to be attained, all
fisheries will be closed to the retention
of Pacific sardine for the remainder of
the period via appropriate rulemaking.
Under 50 CFR 660.509, if the total HG
or these apportionment levels for Pacific
sardine are reached at any time, NMFS
is required to close the Pacific sardine
fishery via appropriate rulemaking and
it is to remain closed until it re-opens
either per the allocation scheme or the
beginning of the next fishing season. In
accordance with § 660.509 the Regional
Administrator shall publish a notice in
the Federal Register announcing the
date of the closure of the directed
fishery for Pacific sardine.
The above in-season harvest
restrictions are not intended to affect the
E:\FR\FM\27SER1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59154-59156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24188]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XZ07
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Trip Limit Reductions and Gear Modifications for
the Common Pool Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of landing limits and gear
requirements.
-----------------------------------------------------------------------
SUMMARY: This action decreases the landing limits for Gulf of Maine
(GOM) cod to 100 lb (45.4 kg) per days-at-sea (DAS) up to 1000 lb
(453.6 kg) per trip, Georges Bank (GB) yellowtail flounder to 100 lb
(45.4 kg) per trip, and white hake to 100 lb (45.4 kg) per DAS up to
500 lb (226.8 kg) per trip; expands the trawl gear restriction in the
U.S./Canada Management Area to include the entire Western U.S./Canada
Area; and authorizes the use of the rope separator trawl in the Western
U.S./Canada Area for NE multispecies vessels fishing in the common pool
for the remainder of
[[Page 59155]]
the 2010 fishing year (FY) (through April 30, 2011). This action is
authorized under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), and by the
regulations implementing Amendment 16 and Framework Adjustment 44 (FW
44) to the NE Multispecies Fishery Management Plan (FMP). It is
intended to optimize the harvest of NE regulated multispecies by
decreasing the likelihood of harvest exceeding the subcomponent of the
annual catch limit (ACL) allocated to the common pool (common pool sub-
ACL) for each of these three stocks during FY 2010 (May 1, 2010,
through April 30, 2011).
DATES: September 27, 2010, through April 30, 2011.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
(978) 281-9341, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing possession and landing
limits for vessels fishing under common pool regulations are found at
Sec. 648.86. The regulations authorize vessels issued a valid limited
access NE multispecies permit and fishing under a NE multispecies day-
at-sea (DAS), or fishing under a NE multispecies Small Vessel or
Handgear A or B category permit, to fish for and retain NE multispecies
under specified conditions. The vessels fishing in the common pool are
allocated a sub-ACL equivalent to that portion of the commercial
groundfish ACL that is not allocated to the 17 approved NE multispecies
sectors for FY 2010. The final rule implementing FW 44 (75 FR 18356,
April 9, 2010) established ACLs for FY 2010, which were modified by a
subsequent rule (75 FR 29459, May 26, 2010). For FY 2010, the common
pool sub-ACLs for these stocks are: 240 mt (529,109 lb) for GOM cod, 20
mt (43,954 lb) for GB yellowtail flounder, and 51 mt (112,436 lb) for
white hake.
The regulations at Sec. 648.86(o) authorize the Administrator,
Northeast (NE) Region, NMFS (Regional Administrator) to increase or
decrease the trip limits for vessels in the common pool to optimize the
harvest of NE regulated species by preventing over-harvesting or under-
harvesting the common pool sub-ACL. The current relevant FY 2010 trip
limits are: 200 lb (90.7 kg)/DAS up to 1,000 lb (453.6 kg)/trip for GOM
cod; 1,000 lb (453.6 kg)/trip for GB yellowtail flounder; and 2,000 lb
(907.2 kg)/DAS up to 10,000 lb (4,535.9 kg)/trip for white hake.
Exceeding the common pool sub-ACL prior to April 30, 2011, would
trigger accountability measures (AMs) in FY 2011--specifically,
differential DAS counting, to prevent future overages.
An inseason action published in the Federal Register on May 27,
2010 (75 FR 29678), reduced the common pool trip limits for five
stocks: GOM haddock, GB haddock, GOM winter flounder, GB winter
flounder, and GB yellowtail flounder. A subsequent action (75 FR 44924,
July 30, 2010) reduced the trip limit for GOM cod and imposed a gear
restriction in the U.S./Canada Management Area to reduce catch of GB
yellowtail flounder. A third action (75 FR 48613, August 11, 2010)
imposed a trip limit for witch flounder and removed the trip limit for
pollock. A September 2, 2010, inseason action (75 FR 53872) imposed 2:1
differential DAS counting in the Inshore GOM, Offshore GOM, Inshore GB,
and Offshore GB Differential DAS Areas to reduce effort on GOM cod,
white hake, and witch flounder.
Initial vessel monitoring system (VMS) and dealer reports indicate
that approximately 91.4 percent of the GOM cod, 90.2 percent of the GB
yellowtail flounder, and 65.5 percent of the white hake common pool
sub-ACLs had been harvested as of September 11, 2010. Although there
are relatively few common pool vessels landing groundfish, such vessels
have been leasing in additional DAS from other vessels, and a
substantial portion of the FY remains. Even minimal future fishing
activity will likely increase catch of the stocks of concern. Should
the common pool sub-ACLs be exceeded prior to April 30, 2011, AMs would
be automatically triggered for the common pool fishery in FY 2011.
Based on this information, the Regional Administrator has
determined that despite previous inseason actions, additional measures
are needed to help ensure that the common pool sub-ACLs are not
exceeded before the end of the FY. To that end the Regional
Administrator is implementing the trip limit changes in the following
table, effective September 27, 2010 through April 30, 2011, as well as
restrictions on the use of trawl gear in the entire Western U.S./Canada
Area as more fully described below.
------------------------------------------------------------------------
Stock NewTrip Limit
------------------------------------------------------------------------
GOM Cod 100 lb (45.4 kg) per DAS,
up to 1000 lb (453.6 kg)
per trip
------------------------------------------------------------------------
GB Yellowtail Flounder 100 lb (45.4 kg) per trip
------------------------------------------------------------------------
White Hake 100 lb (45.4 kg) per DAS,
up to 500 lb (226.8 kg)
per trip
------------------------------------------------------------------------
On July 30, 2010, NMFS implemented a prohibition on the use of
trawl gear, except for the haddock separator trawl and the Ruhle trawl,
as specified at Sec. Sec. 648.85(a)(3)(iii) and (b)(6)(iv)(J)(3),
respectively, by any limited access NE multispecies common pool vessel
that harvests, possesses, or lands fish from, or deploys its net during
any part of a trip in, the Western U.S./Canada Area south of 41[deg]
40' N. lat. when fishing under a NE multispecies DAS, to reduce catches
and discards of GB yellowtail flounder. This allowed a vessel to
continue to fish for other stocks north of 41[deg] 40' N. lat., where
NMFS at-sea observer data indicate catch rates of yellowtail flounder
are lower. However, due to the small amount of GB yellowtail flounder
remaining for the common pool fishery (approximately 2 mt (4,409 lb))
any catch of GB yellowtail flounder in this area could exceed the
remaining sub-ACL. Given this concern, expanding the gear restriction
to the entire Western U.S./Canada Area is warranted, and is implemented
through this action.
The current Western U.S./Canada Area trawl gear restriction
inadvertently omitted rope separator trawl gear as an acceptable type
of gear that could be allowed to slow the catch and discard rates of GB
yellowtail flounder. This omission, which was inconsistent with gear
allowed in the adjacent Western GB Multispecies Restricted Gear Area
(RGA) as specified at Sec. 648.81(n) is corrected through this action
to ensure flexibility in gears allowed, and to be consistent with gear
restrictions in the RGA. This action now allows common pool vessels to
use the rope separator trawl, as defined at Sec. 648.81(n)(3)(i)(A),
when fishing in the Western U.S./Canada Area. A vessel that fishes in
the Eastern U.S./Canada Area is still restricted from using a flounder
trawl and may only use either a haddock separator trawl or a Ruhle
trawl, as the rope separator trawl is not an authorized gear type in
the Eastern U.S./Canada Area.
The regulations at Sec. 648.85(a)(3)(iv)(D) specify that, if the
Regional Administrator requires use of a particular gear type in order
to reduce catches of stocks of concern, the following gear performance
incentives will apply: Possession of flounders (all species combined),
monkfish, and skates is limited to 500 lb (226.8 kg) (whole weight)
each (i.e., no more than
[[Page 59156]]
500 lb (226.8 kg) of all flounders, no more than 500 lb (226.8 kg) of
monkfish, and no more than 500 lb (226.8 kg) of skates), and possession
of lobsters is prohibited. Therefore, common pool vessels fishing any
part of a trip in any part of the U.S./Canada Management Area (Eastern
or Western Areas) are restricted to these catch limits for the duration
of that trip, and, of the 500 lb (226.8 kg) of flounders, no more than
100 lb ( 45.4 kg) may be GB yellowtail flounder.
Catch will be closely monitored through dealer-reported landings,
VMS catch reports, and other available information. Further inseason
adjustments to increase or decrease the trip limits, or to adjust
differential DAS measures, may be considered, based on updated catch
data and projections. Conversely, if the common pool sub-ACL is
projected to be under-harvested by the end of FY 2010, in-season
adjustments to increase the trip limit for the remainder of FY2010 will
be considered.
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 under Sec. Sec. 648.86(o) and
648.85(a)(3)(iv)(D) grant the RA the authority to adjust NE
multispecies trip limits and implement gear restrictions in the U.S./
Canada Management Area to prevent over-harvesting or under-harvesting
the common pool sub-ACLs. This action will implement more restrictive
trip limits for GOM cod, GB yellowtail flounder, and white hake in
order to ensure that the common pool sub-ACLs are not overharvested,
and that the biological and economic objectives of the FMP are met. It
is important to take this action immediately because, based on current
data and projections, continuation of the status quo trip limits will
result in reaching the respective common pool sub-ACLs prior to the end
of the FY. Inseason adjustments in FY 2010 have already reduced the
landing limits for GOM cod (July 30, 2010) and GB yellowtail flounder
(May 27, 2010), implemented a gear restriction in most of the Western
U.S./Canada Area (July 30, 2010), and implemented differential DAS
counting in the GOM and GB to minimize the chance of exceeding the sub-
ACL for GOM cod and white hake, as well as other stocks (September 2,
2010). Attainment of any of the common pool sub-ACLs prior to the end
of the FY on April 30, 2011, would result in AMs being put in place for
the common pool in FY 2011. These restrictions could result in the loss
of yield of other valuable species caught by vessels in the common
pool. The information that is the basis for this action includes recent
catch data that 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 a reduced trip limit
and additional gear restrictions in a timely manner. A resulting delay
in the curtailment of the catch rate of these three stocks could result
in less revenue for the fishing industry and be counter to the
objective of achieving optimum yield from the fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-24188 Filed 9-22-10; 4:15 pm]
BILLING CODE 3510-22-S
