[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Rules and Regulations]
[Pages 64955-64956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26504]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XZ44
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Correction to Cod Landing Limit for Handgear A
Vessels in the Common Pool Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of landing limit.
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SUMMARY: This action addresses an oversight in a previous inseason
action and decreases the landing limit for cod to 50 lb (22.7 kg) per
trip for NE multispecies limited access Handgear A (HA) permitted
vessels fishing in the common pool fishery for the remainder of 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 is required
by the regulations implementing Amendment 13, Amendment 16, and
Framework Adjustment 44 (FW 44) to the NE Multispecies Fishery
Management Plan (FMP).
DATES: Effective October 21, 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 HA vessels fishing under common pool regulations at Sec.
648.82(b)(6) state that ``The [300 lb (136.1 kg)] cod trip limit shall
be adjusted proportionally to the trip limit for [Gulf of Maine (GOM)]
cod (rounded up to the nearest 50 lb (22.7 kg)), as specified in Sec.
648.86(b)). An inseason action published in the Federal Register on
September 27, 2010 (75 FR 59154), reduced the GOM cod trip limit for NE
multispecies common pool vessels fishing under a day-at-sea (DAS) to
100 lb (45.4 kg) per DAS up to 1,000 lb (453.6 kg) per trip, from the
original 800 lb (362.9 kg) per DAS up to 4,000 lb (1,814.4 kg) per trip
limit, a 87.5 percent reduction. Therefore, the HA cod trip limit
should have been reduced 87.5 percent from 300 lb (136.1 kg) to 37.5 lb
(17.0 kg), and rounded up to 50 lb (22.7 kg)). The HA cod limit applies
to both the GOM and Georges Bank (GB) stocks of cod. Additional details
regarding the need to reduce the common pool GOM cod in order to
decrease the likelihood of harvest exceeding the subcomponent of the
annual catch limit (ACL) allocated to the common pool, and the
authority of the Administrator, Northeast (NE) Region, NMFS (Regional
Administrator) to take such action, are stated in the action published
on September 27, 2010 (75 FR 59154), and are not repeated here.
This action therefore, reduces the common pool cod trip limit for
HA vessels to 50 lb (22.7 kg) from 100 lb (45.4 kg). Catch will be
closely monitored through dealer-reported landings, vessel monitoring
system (VMS) catch reports, and other available information. Further
inseason adjustments to decrease the trip limit, or to increase
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,
[[Page 64956]]
such as increasing 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 at Sec. Sec. 648.82(b)(6) require
that the HA cod trip limit be adjusted proportionally to the trip limit
for GOM cod. By an administrative error, the inseason action published
on September 27, 2010, reduced the GOM cod trip limit but failed to
address the required proper reduction to the HA cod trip limit. This
action would correct this oversight by reducing the cod trip limit for
NE multispieces HA vessels in the common pool fishery from 100 lb/trip
to 50 lb/trip.
It is important to take this action immediately due to the
oversight in not effecting this trip limit reduction earlier and the
concern that any delay in effectiveness would further disadvantage
vessels subject to the lower trip limits implemented on September 27,
2010. Providing for prior notice and comment for this action are
unnecessary because the action is non-discretionary and NMFS could not
adjust the measure based on comments received. The time necessary to
provide delayed effectiveness would prevent NMFS from implementing the
reduced trip limit in a timely manner and would increase the likelihood
of exceeding the common pool sub-ACL. Attainment of any of the common
pool sub-ACLs prior to the end of the FY on April 30, 2011, would
result in accountability measures 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 15, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-26504 Filed 10-18-10; 4:15 pm]
BILLING CODE 3510-22-P