[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Proposed Rules]
[Pages 35435-35436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15059]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100513223-0254-01]
RIN 0648-AY88
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-
season Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: In May 2010, NMFS finalized 2010 specifications for the
Atlantic deep-sea red crab fishery, including a target total allowable
catch (TAC) and a fleet-wide days-at-sea (DAS) allocation. However, the
implementing regulations for the Atlantic Deep-Sea Red Crab Fishery
Management Plan (FMP) allow NMFS to make an in-season adjustment to the
specifications, after consulting with the New England Fishery
Management Council (Council). The intent of this rulemaking is to
adjust the target TAC and corresponding fleet DAS allocation equivalent
to the revised recommendation by Council's Scientific and Statistical
Committee (SSC).
DATES: Written comments must be received no later than 5 p.m. eastern
standard time, on July 7, 2010.
ADDRESSES: You may submit comments, identified by 0648-AY88, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Fax: (978) 281-9135, Attn: Regional Administrator.
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope: ``Comments on 2010 Red Crab
In-season Adjustment.''
Instructions: No comments will be posted for public viewing until
after the comment period has closed. 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). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Copies of the specifications document, including the Supplemental
Environmental Assessment and Supplemental Regulatory Flexibility
Analysis and other supporting documents for the in-season adjustment,
are available from Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
Background
For fishing year (FY) 2010, the Council was required to establish
specifications for the red crab fishery consistent with the best
available scientific information. In September 2009, the Council's SSC
recommended a maximum sustainable yield (MSY) for red crab within the
range 3.75 4.19 million lb (1,700-1,900 mt), which was consistent with
the most recent stock assessment (conducted by the Northeast Fisheries
Science Center's 2008 Data Poor Stocks Working Group), and recommended
that the interim acceptable biological catch (ABC) be set commensurate
with recent catch. At the time, the SSC determined recent catch to be
the amount of red crab landed in FY 2007, which was 2.83 million lb
(1,284 mt). The landings in FY 2007 were the lowest since the
implementation of the FMP in 2002. During the Council's review of the
SSC's recommendation at its September and November 2009 meetings, the
Council requested the SSC reconsider its recommendations, and
recommended that the FY 2010 specifications for red crab be set equal
to those implemented under the 2009 red crab emergency action
implemented by NMFS (74 FR 9770, March 6, 2009), i.e., a target TAC of
3.56 million lb (1,615 mt) and 582 fleet DAS.
[[Page 35436]]
In response to the request from the Council to reconsider its
recommendation, the SSC met on March 16-17, 2010, and determined that
the interim ABC for red crab should be revised. The SSC has determined
that the model results from the December 2008 Data Poor Stocks Working
Group are an underestimate of MSY, but could not determine by how much,
and did not recommend an estimate of MSY. The SSC now recommends that
the ABC for red crab be set equal to long-term (1974-2008) average
landings (3.91 million lb; 1,775 mt). The SSC considers this level of
landings to be sustainable and comfortably below the actual, but
undetermined, MSY level.
Because NMFS does not have the regulatory authority to establish a
target TAC greater than that recommended by the Council in the May 14,
2010 final rule implementing the FY 2010 red crab specifications (75 FR
27219), that rule set the specifications equal to the Council's
November 2009 recommendation for a target TAC of 3.56 million lb (1,615
mt) and a corresponding allocation of 582 fleet DAS. However, the
regulations for red crab do allow for an in-season adjustment of the
specifications, as set forth in Sec. 648.260(a)(3), after consultation
with the Council and an opportunity for additional public comment. The
Council met on April 28, 2010, and has recommended adjusting the red
crab specifications in accordance with the SSC's revised recommended
catch level of 3.91 million lbs, or 1,775 mt. With the Council's new
recommendation of a target TAC for red crab of 3.91 million lbs (1,775
mt), NFMS now proposes an in-season adjustment.
Proposed Specifications
NMFS is proposing to implement the SSC's revised recommended catch
level as the adjusted target TAC for the FY 2010 red crab fishery. This
would result in a target TAC of 3.91 million lb (1,775 mt). Using the
most recent calculation of average landings-per-DAS charged (5,882 lb/
DAS (2,668 kg/DAS) charged from FY 2005-2009), the corresponding fleet
DAS allocation would be 665 DAS.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has preliminarily determined that this
proposed rule is consistent with the Atlantic Deep-Sea Red Crab FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA has been prepared, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA consists of relevant
portions of this preamble and the environmental assessment for this
action. The IRFA describes the economic impact this proposed rule, if
adopted, would have on small entities. A description of the action, why
it is being considered, and the legal basis for this action are
contained at the beginning of this preamble and in the SUMMARY. A
summary of the analysis follows. A copy of this analysis is available
from the Regional Administrator (see ADDRESSES).
There are no large entities, as defined in section 601 of the RFA,
that participate in this fishery; therefore, there are no
disproportionate effects on small versus large entities. Information on
costs in the fishery are not readily available, and individual vessel
profitability cannot be determined directly; therefore, changes in
gross revenues were used as a proxy for profitability. In the absence
of quantitative data, qualitative analyses were conducted.
The participants in the commercial sector are the owners of vessels
issued limited access red crab vessel permits. There are five limited
access red crab vessel permits, although only three vessels
participated in the fishery in FY 2009.
The IRFA in the Supplemental EA analyzed the revised recommendation
for establishing a target TAC and fleet-wide DAS allocation for FY
2010. The revised recommended specifications would set the target TAC
equal to 3.91 million lb (1,775 mt), and the fleet DAS would be 665.
The fleet DAS would be divided by the five current limited access
permits, or less depending on the number of permits that declare out of
the fishery. One of the limited access permits has been declared out of
the fishery each year since 2004, including FY 2010. If the DAS are
allocated equally to the four vessels that have been actively fishing
this year, the DAS per vessel would be 166.
Under the Council's revised recommended specifications,
approximately $350,000 of additional potential revenue could be
available to the red crab fleet compared to NMFS' originally
implemented FY 2010 specifications. The target TAC in this proposed
rule is is greater than the average of the past 4 years' landings, 2 of
which were higher, and 2 lower. For the past 2 years, the fleet has
landed less than the target TAC recommended by the Council. Whereas a
reduced demand for red crab in recent years has been responsible for
the shortfall in landings compared to the target TAC, red crab vessel
owners have invested heavily in a new processing plant in New Bedford,
MA, and have developed new marketing outlets with hopes to increase
demand for their product. Accordingly, NMFS anticipates a greater
likelihood that red crab landings will be closer to the target TAC in
FY 2010.
Dated: June 16, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.260, paragraph (a)(1) is revised to read as
follows:
Sec. 648.260 Specifications.
(a) * * *
(1) Target total allowable catch. The target TAC for each fishing
year will be 3.910 million lb (1,775 mt), unless modified pursuant to
this paragraph.
* * * * *
3. In Sec. 648.262, paragraph (b)(2) is revised to read as
follows:
Sec. 648.262 Effort-control program for red crab limited access
vessels.
* * * * *
(b) * * *
(2) For fishing year 2010 and thereafter. Each limited access
permit holder shall be allocated 133 DAS unless one or more vessels
declares out of the fishery consistent with Sec. 648.4(a)(13)(i)(B)(2)
or the TAC is adjusted consistent with Sec. 648.260.
* * * * *
[FR Doc. 2010-15059 Filed 6-21-10; 8:45 am]
BILLING CODE 3510-22-S