[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49420-49422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20077]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100513223-0289-02]
RIN 0648-AY88
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications In-
season Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This rule adjusts the target total allowable catch (TAC) and
corresponding fleet days-at-sea (DAS) allocation for the Atlantic deep-
sea red crab fishery that were implemented in May 2010. This adjustment
is consistent with the most recent recommendation by the New England
Fishery Management Council's (Council) Scientific and Statistical
Committee (SSC) and the implementing regulations for the Atlantic Deep-
Sea Red Crab Fishery Management Plan (FMP) allowing NMFS to make an in-
season adjustment to the specifications, after consulting with the
Council. In May 2010, NMFS finalized the fishing year (FY) 2010
specifications for the red crab fishery, including a target TAC and a
fleet-wide DAS allocation.
DATES: This rule is effective on September 13, 2010.
ADDRESSES: Copies of the specifications document, including the
Supplemental Environmental Assessment and Supplemental Regulatory
Flexibility Analysis and other supporting documents for the in-season
adjustment, are available from Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
Background
For FY 2010, the Council was required by the FMP to establish
specifications for the red crab fishery consistent with the best
available scientific information. In September 2009, the Council's SSC
recommended a maximum sustainable yield (MSY) for red crab within the
range 3.75-4.19 million lb (1,700-1,900 mt), which was consistent with
the most recent stock assessment (conducted by the Northeast Fisheries
Science Center's 2008 Data Poor Stocks Working Group), and recommended
that the interim acceptable biological catch (ABC) be set commensurate
with recent catch. At the time, the SSC determined recent catch to be
the amount of red crab landed in FY 2007, which was 2.83 million lb
(1,284 mt). However, the landings in FY 2007 were the lowest since the
implementation of the FMP in 2002, and so, during the Council's review
of the
[[Page 49421]]
SSC's recommendation at its September and November 2009 meetings, the
Council requested the SSC reconsider its recommendations.
The SSC met on March 16-17, 2010, and determined that the interim
ABC for red crab should be revised. The SSC has determined that the
model results from the December 2008 Data Poor Stocks Working Group are
an underestimate of MSY, but could not determine by how much, and did
not recommend an estimate of MSY. The SSC now recommends that the ABC
for red crab be set equal to long-term average landings (3.91 million
lb; 1,775 mt, based on data for 1974-2008). The SSC considers this
level of landings to be sustainable and comfortably below the actual,
but undetermined, MSY level.
Because NMFS does not have the regulatory authority to establish a
target TAC greater than that recommended by the Council, the initial
final rule (75 FR 27219, May 14, 2010) set the specifications equal to
the Council's November 2009 recommendation for a target TAC of 3.56
million lb (1,615 mt) and a corresponding allocation of 582 fleet DAS.
However, the regulations for red crab allow for an in-season adjustment
of the specifications, as set forth in Sec. 648.260(a)(3), after
consultation with the Council and an opportunity for additional public
comment. The Council met on April 28, 2010, and recommended adjusting
the red crab specifications in accordance with the SSC's revised
recommended catch level of 3.91 million lb (1,775 mt). A proposed rule
was published on June 22, 2010 (75 FR 35435), requesting public comment
on the revised recommended catch level.
Comments and Responses
No comments on the proposed rule were received during the comment
period.
Final Specifications
This final rule adopts the SSC's revised recommended catch level as
the adjusted target TAC for the FY 2010 red crab fishery. This would
result in a target TAC of 3.91 million lb (1,775 mt). Using the most
recent calculation of average landings-per-DAS charged (5,882 lb/DAS
(2,668 kg/DAS) charged from FY 2005-2009), the corresponding fleet DAS
allocation is 665 DAS.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the Atlantic Deep-Sea Red Crab FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Included in this final rule is the FRFA prepared pursuant to 5
U.S.C. 604(a). The FRFA incorporates the IRFA, a summary of the
significant issues raised by the public comments in response to the
IRFA, and NMFS's responses to those comments, and a summary of the
analyses completed to support the action. A copy of the EA/Regulatory
Impact Review/IRFA is available from the Regional Administrator (see
ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for these specifications are
explained in the preambles to the proposed rule and this final rule and
are not repeated here.
Summary of Significant Issues Raised in Public Comments
No public comments were received on the IFRA or the economic
impacts of the rule more generally during the comment period on the
proposed rule.
Description and Estimated of Number of Small Entities to Which the Rule
will Apply
There are no large entities that participate in this fishery, as
defined in section 601 of the RFA; therefore, there are no
disproportionate effects on small versus large entities. Information on
costs in the fishery are not readily available, and individual vessel
profitability cannot be determined directly; therefore, changes in
gross revenues were used as a proxy for profitability. In the absence
of quantitative data, qualitative analyses were conducted.
The participants in the commercial sector are the owners of vessels
issued limited access red crab vessel permits. There are five limited
access red crab vessel permits, although only three vessels
participated in the fishery in FY 2009.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken to Minimize Economic Impact on Small
Entities
Specification of the target TAC and corresponding fleet DAS
allocation is constrained by the conservation objectives of the FMP,
under the authority of the Magnuson-Stevens Act. The target TAC
contained in this final rule is equal to the long-term average landings
of the fleet, and roughly 25 percent higher than the FY 2009 commercial
red crab landings. Whereas a limited market has been responsible for
the recent shortfall in landings compared to the target TAC, red crab
vessel owners have invested heavily in a new processing plant in New
Bedford, MA, and have developed new marketing outlets with hopes to
increase demand for their product. Further, this rule implements a
target TAC and DAS allocation that is consistent with both the FMP and
the best available science.
The impacts on revenues associated with the target TAC were
analyzed and are expected to be minimal. Because the 2010 target TAC
being implemented in this final rule is greater than the FY 2009 target
TAC, and the target TAC originally recommended by the Council, no
negative economic impacts are expected as a result of this final rule.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide will be sent
to all holders of Federal permits issued for the Atlantic red crab
fishery. In addition, copies of this final rule and guide (i.e., permit
holder letter) are available from NMFS (see ADDRESSES) and at the
following website: http://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons stated in the preamble, 50 CFR part 648 is amended as
follows:
[[Page 49422]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.260, paragraph (a)(1) is revised to read as follows:
Sec. 648.260 Specifications.
(a) * * *
(1) Target total allowable catch. The target TAC for each fishing
year will be 3.910 million lb (1,775 mt), unless modified pursuant to
this paragraph.
* * * * *
0
3. In Sec. 648.262, paragraph (b)(2) is revised to read as follows:
Sec. 648.262 Effort-control program for red crab limited access
vessels.
* * * * *
(b) * * *
(2) For fishing year 2010 and thereafter. Each limited access
permit holder shall be allocated 133 DAS unless one or more vessels
declares out of the fishery consistent with Sec. 648.4(a)(13)(i)(B)(2)
or the TAC is adjusted consistent with Sec. 648.260.
* * * * *
[FR Doc. 2010-20077 Filed 8-12-10; 8:45 am]
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