[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74661-74662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30236]
[[Page 74661]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100427197-0207-01]
RIN 0648-AW86
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Emergency Rule Extension, Pollock Catch Limit
Revisions
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Temporary final rule; emergency action extension and request
for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS extends the pollock specifications implemented by a July
20, 2010, emergency rule, which is scheduled to expire on January 11,
2011. Specifically, this temporary rule maintains the new stock status
determination criteria for pollock and associated increases in pollock
catch limits under the Northeast (NE) Multispecies Fishery Management
Plan (FMP), for an additional 186 days, in order to implement pollock
catch limits through either the end of fishing year (FY) 2010 (i.e.,
through April 30, 2011) or until superseded by limits for FY 2011.
DATES: The effective date of the interim rule published July 20, 2010
(75 FR 41996), is extended through July 17, 2011, unless superseded by
another action. NMFS will accept comments through January 3, 2011.
ADDRESSES: You may submit comments, identified by 0648-AW86, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-rulemaking portal: http://www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the
outside of the envelope: ``Comments on NE Multispecies Pollock
Emergency Rule Extension.''
Fax: (978) 281-9135.
Instructions: All comments received are 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 PDF formats only.
Copies of the small entity compliance guide are available from the
Regional Administrator, NMFS, Northeast Regional Office, at the address
above. Copies of the Environmental Assessment (EA) prepared for this
rule may be found at the following Internet address: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Thomas A. Warren, Fishery Policy
Analyst, (978) 281-9347, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This temporary final rule extends the emergency rule published on
July 20, 2010 (75 FR 41996), in order to extend the time period for
which the revised pollock status determination criteria and catch
limits are in effect through the end of FY 2010 (April 30, 2011). The
July 2010 emergency final rule included detailed information on the
background and reasons for the need to revise the pollock status
determination criteria and catch limits. The public had an opportunity
to comment on that rule, but no comments were submitted. NMFS will
again accept public comment on both the appropriateness of the
emergency action to date, and its extension.
The emergency specifications extended through this final rule
include the revised pollock stock status determination and catch limits
for FY 2010, as follows: The revised biomass target parameter (SSB msy;
91,000 mt); the maximum fishing mortality rate threshold (Fmsy; 0.25);
Overfishing Levels (OFLs); Acceptable Biological Catches (ABCs); Annual
Catch Limits (ACLs); ACL components; and incidental Total Allowable
Catches (TACs) for special management programs. The ACL components
included sub-ACLs for the common pool and sectors.
The pollock status determination criteria and catch specifications
implemented by the initial emergency action were consistent with the
best scientific information available, but were not evaluated by the
New England Fishery Management Council's (Council) Scientific and
Statistical Committee (SSC). The SSC met on August 25-26, 2010,
subsequent to the July 20, 2010, publication of the emergency rule, to
discuss catch limits for FY 2011, including pollock. Although the SSC
did not discuss the FY 2010 catch specifications for pollock, it
accepted the revised assessment of pollock (SAW 50) as a basis for
revising ABC recommendations, and affirmed use of the control rule for
setting the pollock ABC (catch associated with 75 percent of Fmsy), the
method utilized in setting the FY 2010 pollock catch specifications.
The SSC characterized the risk associated with the utilization of the
pollock ABC control rule in conjunction with the SAW 50 stock
assessment as follows: ``Scenario analyses indicated that ABCs based on
75 percent Fmsy have low risk of overfishing and low risk of leading to
an overfished stock by 2015 if the domed survey selectivity estimated
by the SAW 50 assessment is true. However, if selectivity is actually
flat-topped, ABCs based on the SAW 50 assessment and 75 percent Fmsy
have high risk of overfishing (risk > 50 percent) and a moderate risk
of leading to an overfished stock by 2015 (risk between 25 percent and
50 percent).''
The pollock catch limits are contained in Tables 1 and 2 below.
Consistent with the FMP, the incidental catch TAC is divided between
the Regular B DAS Program (84 percent) and the Closed Area I Hook Gear
Haddock Special Access Program (14 percent).
Table 1--Pollock Catch Levels for FY 2010
------------------------------------------------------------------------
Pollock
Pollock catch limit specification
(mt)
------------------------------------------------------------------------
OFL of Catch.......................................... 25,200
ABC................................................... 19,800
State Waters ACL subcomponent......................... 1,188
Other ACL subcomponent................................ 1,188
Groundfish sub-ACL.................................... 16,553
Sector sub-ACL........................................ 16,178
Common Pool sub-ACL................................... 375
Incidental Catch TAC.................................. 7.5
------------------------------------------------------------------------
Table 2--Pollock ACE by Sector (mt)
------------------------------------------------------------------------
Pollock ACE
Sector (mt)
------------------------------------------------------------------------
Fixed Gear.............................................. 1,290
NCCS.................................................... 73
NEFS 2.................................................. 2,034
NEFS 3.................................................. 1,218
NEFS 4.................................................. 934
NEFS 5.................................................. 68
NEFS 6.................................................. 529
[[Page 74662]]
NEFS 7.................................................. 124
NEFS 8.................................................. 106
NEFS 9.................................................. 632
NEFS 10................................................. 239
NEFS 11................................................. 1,533
NEFS 12................................................. 9
NEFS 13................................................. 364
Port Clyde Community.................................... 707
Sustainable Harvest..................................... 6,309
Tri-State............................................... 9
---------------
Total............................................... 16,178
------------------------------------------------------------------------
All ACE values for sectors assume that each sector member has a valid
permit for FY 2010.
NCCS: Northeast Coastal Communities Sector; NEFS: Northeast Fishery
Sectors.
This action will extend the pollock catch limits through July 17,
2011, or until FW 45 (which includes FY 2011 pollock specifications,
and is currently being developed by the Council with an anticipated May
1, 2011, effective date) or other action supersedes this.
No comments were received on the initial emergency rule.
Classification
NMFS has determined that the emergency specifications extended by
this temporary final rule are necessary and are consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable law.
The interim rule that this rule extends was determined to be not
significant for purposes of E.O. 12866.
This rule is exempt from the procedures of the Regulatory
Flexibility Act to prepare a regulatory flexibility analysis because
the rule is issued without opportunity for prior public comment.
The EA prepared for the initial emergency rule analyzed the impacts
of the emergency specifications for the duration of a year (Secretarial
Emergency Action to Revise Fishing Year 2010 Catch Limits for Pollock;
Environmental Assessment; May 28, 2010). Therefore, the impacts of this
emergency action extension have been analyzed, and are within the scope
of the Finding of No Significant Impact.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-30236 Filed 11-30-10; 8:45 am]
BILLING CODE 3510-22-P