Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Framework Adjustment (44)
Federal Register: February 1, 2010 (Volume 75, Number 20)
Proposed Rules
Page 5016-5032
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr01fe10-14
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 648
Docket No. 0910051338-0034-01
RIN 0648-AY29
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 44
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comment.
SUMMARY: NMFS proposes regulations to implement measures in Framework
Adjustment 44 (FW 44) to the Northeast Multispecies Fishery Management
Plan (FMP), and specifications for the FMP for fishing years (FY) 2010- 2012. FW 44 measures and specifications, if approved, would be implemented in conjunction with approved measures in Amendment 16 to the FMP, as well as with approved sector operations plans authorized under the FMP. Specifically, FW 44 would modify the Gulf of Maine (GOM) cod and pollock trip limits proposed in Amendment 16; provide the
Regional Administrator (RA) authority to implement inseason trip limits and/or differential day-at-sea (DAS) counting for any groundfish stock in order to prevent catch from exceeding the Annual Catch Limit (ACL); and specify Overfishing Levels (OFLs), Acceptable Biological Catch levels (ABCs), and ACLs for all 20 groundfish stocks in the FMP for fishing years 2010 through 2012, as well as the Total Allowable Catches
(TACs) for transboundary Georges Bank (GB) stocks. NMFS also proposes in this rule, pursuant to current Regional Administratory authority under the FMP, to allocate zero trips to the Closed Area II Yellowtail
Flounder Special Access Program (SAP); limit the Eastern U.S./Canada
Haddock SAP to the use of Category A DAS for common pool vessels; delay the opening of the Eastern U.S./Canada Management Area for trawl vessels; and implement a GB yellowtail flounder trip limit of 2,500 lb
(1,125 kg). Finally, this rule would make technical corrections to proposed Amendment 16 regulations.
DATES: Comments must be received by March 1, 2010.
ADDRESSES: You may submit comments, identified by 0648-AY29, 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 FW 44 Proposed Rule.''
Fax: (978) 281-9135, Attn: Tom Warren
Instructions: No comments will be posted for public viewing until after the comment period has closed. 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). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), which is contained in the Classification section of this proposed rule.
Copies of the Environmental Assessment (EA) prepared for this rule may be found at the following internet address: http://www.nero.noaa.gov/ nero/regs/frdoc/10/10MultiFW44EA.pdf.
FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst,
(978) 281-9347, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Pursuant to the biennial adjustment process of the FMP, the New England Fishery Management Council (Council) developed Amendment 16 to implement a wide range of revisions to management measures based on the results of the most recent stock assessment (Groundfish Assessment Review Meeting; GARM III; August 2008). A notice of availability for Amendment 16, including the Final
Environmental Impact Statement, as submitted by the Council for review by
Page 5017
the Secretary of Commerce (Secretary), was published in the Federal
Register on October 23, 2009 (74 FR 54773). A proposed rule for
Amendment 16 was published on December 31, 2009 (74 FR 69382). Based on
GARM III estimates of fishing mortality and stock size (biomass) in 2007, and subsequent estimates of fishing mortality, Amendment 16 proposes a suite of management measures to continue the rebuilding of groundfish stocks; an expanded sector management program; and a process for biennial specification of OFLs, ABCs, and ACLs. The analysis accompanying Amendment 16 indicates that the proposed management measures would achieve these objectives.
However, notwithstanding the Amendment 16 analysis, NMFS, based upon industry concerns regarding the effectiveness of Amendment 16 common pool measures, requested that the Council reconsider these measures at its September 2009 meeting. Specifically, industry expressed concern that assumptions inherent in Amendment 16 may be invalid, and therefore the Amendment 16 proposed measures may not be restrictive enough to prevent the ACLs from being exceeded
(particularly for GOM cod and pollock). In particular, industry members noted that fishery participants may modify their effort behavior, for example by dropping out of sectors prior to the start of the fishing year and deciding to fish instead in the common pool, if there is the perception that common pool measures provide better fishing opportunities than sectors. Industry members also raised the possibility that Amendment 16 trip limit levels may result in over- harvest of ACLs for these stocks. For example, based on preliminary information, a relatively large number of DAS may be allocated to the common pool (3,601 DAS), compared to the relatively low proposed GOM cod ACL for the common pool (337 mt; 742,937 lb). Moreover, the
Amendment 16 trip limits for GOM cod are relatively high, at 2,000 lb
(907.2 kg)/DAS, up to 12,000 lb (5,443.2 kg)/trip for GOM cod. As a result of these allocations, it may be possible for GOM cod ACL to be exceeded by the common pool participants. Based upon this concern, and because it is not possible to determine with certainty in advance whether the analytical assumptions in Amendment 16 will be determined to be valid, the Council developed more restrictive management measures in FW 44 at its November 2009 meeting.
The measures in and authority for FW 44 are based in large part on
Amendment 16 being implemented. In addition, FW 44 would modify proposed Amendment 16 measures. For that reason, if it is approved, FW 44 cannot be implemented until Amendment 16 (if approved) becomes effective. Moreover, FW 44 measures also affect fishing activities of the many new sector operations being proposed in concurrent actions. If approved, FW 44 will become effective at the same time and in conjunction with Amendment 16, and therefore would be in place when new sector fishing operations begin on May 1, 2010. FW 44 proposes the following management measures and specifications:
Management Measures 1. Regional Administrator Authority
Under FW 44, the NMFS RA, Northeast Region, would be given the authority to modify landing limits for any Northeast (NE) multispecies stock and/or DAS counting rates at any time during the FY to reduce the likelihood that ACLs of allocated NE multispecies stocks would be exceeded, or to facilitate the harvesting of ACLs. For example, if, based on available information regarding catch of a particular stock,
NMFS projects that the ACL will be exceeded prior to the end of the fishing year, the RA may implement a more restrictive landing limit for that stock that would be effective for the remainder of the fishing year, unless further modified. Alternatively, for the same stock, the
RA could instead decide to implement a more restrictive DAS counting rate in the geographic area that pertains to the stock (or implement a change to both a possession limit and DAS counting rate). A modification to the DAS counting rate, under this example, would apply to one or more of the differential DAS counting areas proposed in
Amendment 16 that correspond to the pertinent stock(s) (e.g., Inshore
GOM Differential DAS Area; Offshore GOM Differential DAS Area; Inshore
GB Differential DAS Area; Offshore GB Differential DAS Area; and
Southern New England/Mid-Atlantic (SNE/MA) Differential DAS Area). This inseason adjustment could be implemented by the RA even on the first day of the fishing year. Thus, beginning in FY 2011, the RA could adjust the inseason DAS counting rate, in addition to the adjustment to the DAS counting rate that would be triggered under Amendment 16 as an accountability measure (AM), in response to exceeding an ACL during the previous FY.
Although NMFS is not proposing the RA use this new authority at the beginning of FY 2010, NMFS is nonetheless concerned that the ACLs for certain stocks may be exceeded in FY 2010, which would trigger accountability measures in FY 2011. To address the concern for stocks such as GOM winter flounder and GB cod (stocks for which the proposed
ACLs are substantially less than recent catch levels), NMFS will monitor catch rates closely and be prepared to implement effort restrictions early in FY 2010, if necessary. 2. Modification to Amendment 16 Proposed Possession Limits
FW 44 would modify the proposed Amendment 16 GOM cod trip limit and replace it with the current, status quo trip limit for GOM cod.
Specifically, for limited access DAS vessels, FW 44 would replace the proposed Amendment 16 GOM cod limit of 2,000 lb (907.2 kg) up to 12,000 lb (5,443.2 kg)/trip, with the status quo GOM cod trip limit of 800 lb
(362.9 kg)/DAS, up to 4,000 lb (1,818.4 kg)/trip. For vessels with a limited access Handgear A or open access Handgear B permit, FW 44 would also replace the proposed Amendment 16 cod limits of 750 lb (340.2 kg) and 200 lb (90.7 kg), respectively, with the status quo trip limits of 300 lb (136.1 kg) and 75 lb (34 kg) per trip. In addition, FW 44 would implement a new trip limit for pollock of 1,000 lb (453.6 kg)/DAS, up to 10,000 lb (4,536.0 kg)/trip. Currently there is no trip limit for pollock, nor is there one proposed in Amendment 16. The proposed FW 44 trip limits are intended to reduce the likelihood of exceeding the GOM cod and pollock ACLs. 3. Requirement for Limited Access Scallop Vessels To Land Yellowtail
Flounder
In conjunction with the allocations of yellowtail flounder to the scallop fishery (described below under ``specifications''), vessels with a Federal limited access scallop permit are required to land all legal-sized yellowtail flounder to reduce discarding. This provision may also provide an incentive for scallop vessels to minimize the catch of yellowtail flounder, if landing yellowtail flounder is not cost- effective.
Specifications
The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1361-1423h, requires ACLs to be implemented in FY 2010 for stocks determined to be subject to overfishing, and in FY 2011 for all other stocks. Amendment 16 proposes a biennial
Page 5018
process for specification of ACLs (and OFLs and ABCs) for all stocks as of FY 2010. Pursuant to the Amendment 16 proposed process, for FY 2010- 2012 FW 44 would specify OFLs, ABCs, and ACLs, as well as incidental catch TACs for all stocks covered by the Northeast Multispecies FMP. In addition, pursuant to current FMP requirements, the Council, in this rule, recommends annual specifications of U.S./Canada Management Area
TACs. Therefore, as described in further detail below, FW 44 proposes to specify U.S./Canada TACs; delay the opening of the Eastern U.S./
Canada Management Area for trawl vessels for FY 2010; allocate zero trips for the CA II Yellowtail Flounder SAP, limit the Eastern U.S./
Canada Haddock SAP to the use of Category A DAS for common pool vessels, and implement a GB yellowtail flounder trip limit of 2,500 lb
(1,125 kg). The Regional Administrator has authority to modify management measures for the U.S./Canada Management Area, as well as modify certain SAP regulations.
FW 44 proposes the following specifications: 1. OFLs and ABCs
Table 1 contains FW 44 proposed OFLs and ABCs for FY 2010-2012, based on GARM III stock assessments (2008), for all stocks with the exception of GB yellowtail flounder, for which the ABC is based on the
Transboundary Resource Assessment Committee stock assessment of 2009.
It is anticipated that the FY 2011 and 2012 values of the GB yellowtail flounder ABC will be revised during 2010 and 2011, respectively, based on new transboundary stock assessments. The OFLs and ABCs for FY 2012 will likely be revised during the next biennial adjustment process
(during 2011), but are being specified at this time in the event that the next biennial adjustment process does not result in the timely implementation of revised 2012 catch specifications.
The OFL value for a stock is calculated using the estimated stock size for a particular year, and represents the amount of catch associated with Fmsy, i.e., the fishing mortality rate that, if applied over the long term, would result in maximum sustainable yield (MSY).
The ABCs are those recommended by the Council's Scientific and
Statistical Committee (SSC), and are lower than the OFLs in order to take into account scientific uncertainty in setting catch limits. The
ABC value for a stock is calculated using the estimated stock size for a particular year, and for all stocks, with the exception of SNE/MA winter flounder, represents the amount of catch associated with 75 percent of Fmsy, or the F rate required to rebuild the stock within the defined rebuilding time period (Frebuild), whichever is lower. For SNE/
MA winter flounder, the ABC was calculated using the F expected to result from management measures designed to achieve an F as close to zero as practicable. This ABC is consistent with the SSC recommendation that for stocks that cannot rebuild to Bmsy in the specified rebuilding period, even with no fishing, the ABC should be based on incidental bycatch, including a reduction in bycatch rate (i.e., the proportion of the stock caught as bycatch).
According to FW 44, for all stocks, with the exception of those with index-based stock assessments (where no information was provided), the probability that the ABC catch would result in overfishing (F>Fmsy) is less than 20 percent. The highest probability of overfishing is associated with GB winter flounder (0.184, 0.191, and 0.199 for 2010, 2011, and 2012, respectively). The ABC values for GB cod and GB haddock for FY 2011 and 2012 are maximum values, because no Canadian catch has been deducted from the overall ABC, and therefore will likely be specified again in conjunction with the 2011 and 2012 U.S./Canada TACs.
The FY 2011 and 2012 U.S. ABCs for GB cod and GB haddock will therefore be lower than the values in Table 1 in order to take into account
Canadian catch. For example, for FY 2010, the amount of reduction to the overall ABC for GB cod and GB haddock was 1,012 mt and 17,612 mt, respectively, which represent the Canadian portion of the shared TACs
(Table 7).
Table 1--Overfishing Levels and Acceptable Biological Catches for 2010-2012
OFL
U.S. ABC
** Stock
----------------------------------------------------------------------------- 2010
2011
2012
2010
2011
2012
GB cod............................
6,272
7,311
8,090
3,800
* 5,616
* 6,214
GOM cod...........................
11,089
11,715
11,742
8,530
9,012
9,018
GB hadk...........................
80,007
59,948
51,150
44,903
* 46,784
* 39,846
GOM hadk..........................
1,617
1,536
1,296
1,265
1,206
1,013
GB ytail..........................
5,148
6,083
7,094
1,200
1,081
1,226
SNE ytail.........................
1,553
2,174
3,166
493
687
1,003
CC ytail..........................
1,124
1,355
1,508
863
1,041
1,159
Plaice............................
4,110
4,483
4,727
3,156
3,444
3,632
Witch.............................
1,239
1,792
2,141
994
1,369
1,639
GB winter.........................
2,660
2,886
3,297
2,052
2,224
2,543
GOM winter........................
441
570
685
238
238
238
SNE winter........................
1,568
2,117
2,830
644
897
1,198
Redfish...........................
9,899
10,903
12,036
7,586
8,356
9,224
White hake........................
4,130
4,805
5,306
2,832
3,295
3,638
Pollock...........................
5,085
5,085
5,085
3,293
3,293
3,293
N. window.........................
225
225
225
169
169
169
S. window.........................
317
317
317
237
237
237
Ocean pout........................
361
361
361
271
271
271
Halibut...........................
119
130
143
71
78
85
Wolffish..........................
92
92
92
83
83
83
** GB = Georges Bank; GOM = Gulf of Maine; hadk = haddock; ytail = yellowtail flounder; SNE = Southern New
England/Mid-Atlantic; CC = Cape Cod/GOM; plaice = American plaice; witch = witch flounder; winter = winter flounder; N = north; S = south; window = windowpane flounder.
* Preliminary.
Page 5019
2. ACLs
Pursuant to Magnuson-Stevens Act requirements and Amendment 16, the
Council recommended ACLs that are lower than the ABCs, in order to account for management uncertainty. The total ACL for a stock represents the catch limit for a particular year, considering both biological and management uncertainty, and the limit includes all sources of catch (landed and discards) and all fisheries (commercial and recreational groundfish fishery, state-waters catch, and non- groundfish fisheries). The division of a single ABC value for each stock (for a particular FY) into sub-ACLs, and ACL-subcomponents, accomplishes three objectives: (1) The ABC is sub-divided to account for all components of the fishery and sources of fishing mortality; (2) allocations are made for certain fisheries; and (3) management uncertainty is taken into account.
For FW 44 the ABC was sub-divided into fishery components on a stock-specific manner, prior to the consideration of management uncertainty. The following components of the fishery are reflected in the total ABC: Canadian share/allowance (expected Canadian catch); U.S.
ABC (available to the U.S. fishery after accounting for Canadian catch); state waters (portion of ABC expected to be caught from state waters outside Federal management); other sub-components (expected catch by other non-groundfish fisheries); scallop fishery; mid-water trawl fishery; commercial groundfish fishery; and recreational groundfish fishery. The commercial groundfish sub-ACL is further divided into the non-sector (common pool vessels) sub-ACL and the sector sub-ACL, based on the total vessel enrollment in all sectors as of September 1, 2009, and the cumulative Potential Sector Contributions
(PSCs) associated with those sectors, as explained in Amendment 16 and the proposed rule for sector operations in FY 2010.
As indicated in the proposed rule for sector operations for FY 2010
(74 FR 68015, December 22, 2009), sector rosters will not be finalized until May 1, 2010, because sectors have until April 30, 2010, to drop out of a sector and fish in the common pool. Therefore, it is likely that the FY 2010 sector sub-ACL, which is comprised of the cumulative
PSCs of all enrolled sector members, will be reduced and the common pool sub-ACL will increase after publication of the final rule specifying ACLs.
Despite such changes, the groundfish sub-ACL (common pool sub-ACL plus the sector sub-ACL) would not change. Based on the final rosters,
NMFS intends to publish a rule in early May 2010 to modify these sub-
ACLs, and notify the public if these numbers change. It is almost certain that all of the FY 2011 and 2012 sub-ACLs for the common pool and sectors will change and be re-specified prior to FY 2011 and 2012 due to likely annual changes to the sector rosters. Furthermore, due to the need to re-specify the U.S. ABCs for GB cod and GB haddock as described above, all sub-components of the ABCs for GB cod and GB haddock will be re-specified for FY 2011 and 2012, when information on the Canadian TACs is available.
The numbers in this proposed rule are based on the sector rosters submitted to NMFS as of September 1, 2009, as indicated in the EA. In contrast, the proposed Annual Catch Entitlements (ACE) for sectors are based on rosters as of November 30, 2009. The average difference in the common pool sub-ACLs between this proposed rule and the sector proposed rule is 36 percent. The common pool sub-ACLs in the sector proposed rule are lower than in this proposed rule due to an increase in sector members between September 1 and November 30, 2009.
The concept of management uncertainty for the purpose of developing
ACLs in Amendment 16, was characterized as the likelihood that management measures will result in a level of catch that is greater than the catch objective. In FW 44, management uncertainty was evaluated for each stock, considering the following elements of the fishery and the FMP: enforceability; monitoring adequacy; precision of management tools; latent effort; and catch of groundfish in non- groundfish fisheries. For most stocks and components of the fishery
(ABC components), the default adjustment (reduction) to the catch level for a fishery component was 5 percent. For stocks with less management uncertainty, the adjustment was 3 percent, and for those stocks or components with more management uncertainty, the adjustment was 7 percent.
For example, the 2010 pollock ABC set by the SSC was 3,813 mt.
Excluding the estimated Canadian pollock catch of 520 mt, the U.S. ABC in 2010 for pollock amounts to 3,293 mt (Table 1). Approximately 6 percent of the U.S. ABC is used to account for anticipated state-waters catch (200 mt), 6 percent accounts for anticipated pollock catch by non-groundfish fisheries (other sub-components), and the remaining 2,893 mt is allocated to the groundfish fishery (3,293 - 200 - 200 = 2,893 mt). To account for management uncertainty, this amount was reduced by 5 percent (144 mt) from 2,893 mt,, resulting in a groundfish sub-ACL of 2,748 mt (2,893 - 144 = 2,748 mt) (Table 3).
Several components of the FW 44 ABCs are notable, because they are atypical. For example, an allocation of yellowtail flounder to the scallop fishery is proposed in recognition of the importance of yellowtail flounder to the prosecution of the scallop fishery. For FY 2010, the scallop fishery would be allocated 100 percent of the estimated yellowtail flounder (for GB and CC/GOM stocks) that is associated with the projected scallop catch in FY 2010, although this allocation is not a ``hard'' TAC. For FY 2011 and 2012, NMFS proposes in FW 44 to allocate to the scallop fishery 90 percent of the yellowtail flounder the scallop fishery is projected to catch (Table 2). Allocating to the scallop fishery only 90 percent of the yellowtail flounder that the fishery is expected to catch is intended to incentivize the scallop fishermen to reduce its bycatch of yellowtail flounder.
At the January 27, 2010 Council meeting, the Council is expected to review and possibly reconsider Framework Adjustment 21 (FW 21) to the
Atlantic Sea Scallop FMP (FW 21), which includes measures that determine the amount of scallops that would be caught during FY 2010.
Because the FW 44 yellowtail flounder allocation to the scallop fishery is based on the amount of projected scallop harvest, a modification to
FW 21 could affect the proposed FW 44 allocation of yellowtail flounder to both the scallop and the NE multispecies fisheries. The outcome of the Council's January 2010, review of FW 21 is unknown at the time this document was going to publication. However, even if the yellowtail flounder allocations are not changed in FW 44, a modification of the scallop management program could change the impacts of the yellowtail flounder allocations, such that they are different than analyzed in the
FW 44 EA.
The FW 44 EA contains a brief discussion of the potential effects on the environment, including the human environment, of modifying the scallop management program. If necessary, the FW 44 EA will be revised by including supplemental analyses, and the FW 44 final rule would reflect the revised specifications. For FY 2010, a change in the
Scallop FMP that would allow additional scallop effort, and a recommendation for a larger allocation of yellowtail flounder, would result in increased revenue to the scallop fishery
Page 5020
due to the additional yellowtail landed by scallop vessels. Conversely, with respect to the groundfish fishery, allocating additional yellowtail flounder to the scallop fleet would result in lost revenue for the NE multispecies fishery. Based on FW 21 information, the total amount of GB and SNE/MA yellowtail flounder allocated to the scallop fishery could be up to 146 mt and 135 mt, respectively. These amounts would increase, by 36 mt and 24 mt for GB and SNE/MA yellowtail, respectively the currently proposed allocations to the scallop fishery.
The EA estimates that the value of each metric ton of yellowtail flounder to the NE multispecies fishery ranges from a low of $3,296 to a high of $41,176. Further, the specified allocations of yellowtail flounder for the scallop fishery may be revised for FY 2011 or 2012, based on updated scallop and yellowtail flounder stock information, or on future scallop fishery access area measures.
No specific allocation of CC/GOM yellowtail flounder would be made to the scallop fishery because the incidental catches of this stock by the scallop fishery are relatively low. Catches of this stock will be considered part of the ``other sub-component'' of the ACL.
The FY 2010 yellowtail flounder allocations to the scallop fishery are characterized as ACL sub-components (no short-term associated AMs), and the FY 2011 and 2012 allocations are characterized as sub-ACLs.
Under the current Atlantic Sea Scallop FMP, if the scallop fishery harvests in excess of the yellowtail flounder sub-components specified for the fishery for FY 2010 (110 mt and 111 mt for GB and SNE/MA, respectively), no scallop management measures will be triggered. The
Council has decided to develop AMs for the Atlantic Sea Scallop FMP that would be responsive to yellowtail flounder catches in excess of the sub-ACL, beginning in FY 2011. The precise mechanism and scope of future scallop AMs, is unknown. Current regulations set a cap on the amount of yellowtail flounder that may be harvested from the scallop access areas from the SNE/MA and GB yellowtail flounder stock areas.
Specifically, current regulations cap yellowtail flounder harvest from scallop access areas at 10 percent of the ``total TAC'' for each of the stock areas. In light of the proposed ACL components, ``total TAC'' means ``total ACL'', i.e., 10 percent of 1,169 mt (117 mt) and 468 mt
(47 mt) for FY 2010 for GB and SNE/MA yellowtail flounder, respectively
(see Table 3).
Under this action, the mid-water trawl fishery would be allocated 0.2 percent of the U.S. ABC for GB and GOM haddock. The values for the allocations to the mid-water trawl fishery listed in Table 2 are slightly less than 0.2 percent, due to the 7 percent reduction of these allocations to account for management uncertainty for this stock. To determine the mid-water trawl fishery's allocation of GB haddock, therefore, the ABC of 44,903 mt was multiplied by 0.002, and then reduced by 6.3 mt (44,903 mt X .002 = 89.8 mt; 89.8 mt -6.3 mt = 83.5 mt). For GOM haddock, the ABC of 1,265 mt was multiplied by 0.002, and then reduced by 0.18 (1,265 mt X .002 = 2.53 mt; 2.53 mt -0.18 mt = 2.4 mt). All the haddock allocations to the mid-water trawl fishery are characterized as sub-ACLs (associated with AMs, as explained below). A percentage of the U.S. ABC for GOM haddock and GOM cod would be allocated to the recreational fishery, based on a split of ABC among commercial and recreational components of the fishery (72.5 percent and 27.5 percent for haddock; 66.3 percent and 33.7 percent for cod, respectively)(Table 2). All the recreational allocations to the groundfish fishery are characterized as sub-ACLs.
Table 2--Allocations to the Scallop Fishery, Mid-Water Trawl Fishery, and Recreational Groundfish Fishery (mt)
FY 2010
FY 2011
FY 2012
Scallop Fishery
Yellowtail flounder stock:
GB....................................................
110
197
308
SNE/MA................................................
111
80
126
Mid-Water Trawl Fishery
Haddock stock:
GB....................................................
84
87
74
GOM...................................................
2
2
2
Recreational Groundfish Fishery
GOM stock:
GOM cod...............................................
2,673
2,824
2,826
GOM haddock...........................................
324
308
259
For most stocks the percentage of the ABC deducted for anticipated catch from state waters is between 1 and 10 percent, with the exception of Atlantic halibut and GOM winter flounder, for which 50 percent and 35 percent, respectively, are deducted from the ABC.
Amendment 16 would implement a system in which a sub-ACL has an AM that would be triggered if the catch exceeds the specified amount. In contrast, an ACL-subcomponent does not have an automatic short-term AM that is triggered if the catch exceeds the specified amount, although there would be accountability through the evaluation of the catch of all sub-components during the next biennial adjustment to determine if the size of the ACL-subcomponents needs to be adjusted for subsequent fishing years. However, if the total catch exceeds the total ACL, AMs would be triggered, as explained in detail in the Amendment 16 proposed rule. Tables 3, 4, and 5 contain the total ACLs, sub-ACLs, and ACL- subcomponents for FY 2010, 2011, and 2012, respectively (with the exception of the scallop and mid-water trawl components in Table 2).
The sector sub-ACLs for five stocks are zero, because no
Page 5021
possession of these stocks is allowed for either common-pool or sector vessels.
Table 3--Total ACLs, Sub-ACLs, and ACL-Subcomponents for FY 2010 (mt) *
Preliminary
State waters
Stock
Total ACL
Groundfish sub- common-pool
Preliminary
ACL-
Other ACL-
ACL
sub-ACL
sector sub-ACL subcomponent subcomponents
GB cod..................................................
3,620
3,430
174
3,256
38
152
GOM cod.................................................
8,088
7,240
337
4,230
566
283
GB hadk.................................................
42,768
40,440
1,127
39,313
449
1,796
GOM hadk................................................
1,197
1,149
39
786
9
37
GB ytail................................................
1,169
999
65
934
0
60
SNE ytail...............................................
468
322
91
241
5
20
CC ytail................................................
822
779
52
727
9
35
Plaice..................................................
3,006
2,848
184
2,665
32
126
Witch...................................................
899
852
42
810
9
38
GB winter...............................................
1,955
1,852
55
1,797
0
103
GOM winter..............................................
230
158
26
132
60
12
SNE winter..............................................
605
520
520
0
53
32
Redfish.................................................
7,226
6,848
234
6,613
76
303
White hake..............................................
2,697
2,566
121
2,435
28
113
Pollock.................................................
3,148
2,748
118
2,630
200
200
N. window...............................................
161
110
110
0
2
49
S. window...............................................
225
154
154
0
2
69
Ocean pout..............................................
253
239
239
0
3
11
Halibut.................................................
69
30
30
0
36
4
Wolffish................................................
77
73
73
0
1
3
* See Table 2 for allocations to scallop, mid-water trawl, and recreational fisheries.
Table 4--Total ACLs, Sub-ACLs, and ACL-Subcomponents for FY 2011 (mt) *
Preliminary
State waters
Stock
Total ACL
Groundfish sub- common-pool
Preliminary
ACL-
Other ACL-
ACL
sub-ACL
sector sub-ACL subcomponent subcomponents
GB cod..................................................
5,349
5,068
257
4,812
56
225
GOM cod.................................................
8,545
7,649
356
4,469
597
299
GB hadk.................................................
44,560
42,134
1,174
40,959
468
1,871
GOM hadk................................................
1,141
1,095
37
749
9
35
GB ytail................................................
1,050
799
52
747
0
54
SNE ytail...............................................
641
527
144
383
7
27
CC ytail................................................
992
940
63
867
10
42
Plaice..................................................
3,280
3,108
200
2,908
34
138
Witch...................................................
1,304
1,236
61
1,174
14
55
GB winter...............................................
2,118
2,007
60
1,948
0
111
GOM winter..............................................
230
158
26
132
60
12
SNE winter..............................................
842
726
726
0
72
45
Redfish.................................................
7,959
7,541
257
7,284
84
334
White hake..............................................
3,138
2,566
141
2,833
33
132
Pollock.................................................
3,148
2,974
118
2,630
200
200
N. window...............................................
161
110
110
0
2
49
S. window...............................................
225
154
154
0
2
69
Ocean pout..............................................
253
239
239
0
3
11
Halibut.................................................
76
33
33
0
39
4
Wolffish................................................
77
73
73
0
1
3
* See Table 2 for allocations to scallop, mid-water trawl and recreational fisheries.
Table 5--Total ACLs, Sub-ACLs, and ACL-Subcomponents for FY 2012 (mt) *
Preliminary
State waters
Stock
Total ACL
Groundfish sub- common-pool
Preliminary
ACL-
Other ACL-
ACL
sub-ACL
sector sub-ACL subcomponent subcomponents
GB cod..................................................
5,919
5,608
284
5,324
62
249
GOM cod.................................................
8,551
7,654
356
4,472
598
299
GB hadk.................................................
37,952
35,885
1,000
34,885
398
1,594
GOM hadk................................................
959
920
31
630
7
29
GB ytail................................................
1,191
822
53
769
0
61
SNE ytail...............................................
936
760
208
552
10
40
CC ytail................................................
1,104
1,046
70
976
12
46
Plaice..................................................
3,459
3,278
211
3,067
36
145
Witch...................................................
1,561
1,479
73
1,406
16
66
GB winter...............................................
2,422
2,295
68
2,227
0
127
Page 5022
GOM winter..............................................
230
158
26
132
60
12
SNE winter..............................................
1,125
969
969
0
96
60
Redfish.................................................
8,786
8,325
284
8,041
92
369
White hake..............................................
3,465
3,283
156
3,128
36
146
Pollock.................................................
3,148
2,748
118
2,630
200
200
N. window...............................................
161
110
110
0
2
49
S. window...............................................
225
154
154
0
2
69
Ocean pout..............................................
253
239
239
0
3
11
Halibut.................................................
83
36
36
0
43
4
Wolffish................................................
77
73
73
0
1
3
* See Table 2 for allocations to scallop, mid-water trawl, and recreational fisheries. 3. Revisions to Incidental Catch TACs and Allocations to Special
Management Programs
This proposed rule specifies incidental catch TACs applicable to the NE multispecies Special Management Programs for FY 2010-2012, based on the proposed ACLs and the FMP. Incidental catch TACs are specified for certain stocks of concern for common pool vessels fishing in the
Special Management Programs, in order to limit the amount of catch of stocks of concern that can be caught under such programs. A stock of concern is defined as a stock that is in an overfished condition or subject to overfishing. The Incidental Catch TACs proposed below are consistent with the proposed Amendment 16 changes to the allocation of incidental catch TACs among Special Management Programs. Pursuant to
Amendment 16, new incidental catch TACs are required for GOM winter flounder and pollock, because they are now considered stocks of concern. Although American plaice is technically no longer a stock of concern, Amendment 16 retains the incidental catch TAC for this stock because the stock is far from rebuilt. The incidental catch TACs apply to catch (landings and discards) caught under Category B DAS (either
Regular or Reserve B DAS) on trips that end on a Category B DAS. The catch of stocks for which incidental catch TACs are specified on trips that start under a Category B DAS and then flip to a Category A DAS do not accrue toward such TACs. Due to the need to re-specify the U.S. ABC for GB cod, as described above, the incidental catch TAC for GB cod will be re-specified for FY 2011 and 2012, when information on the
Canadian TACs are available. The incidental catch TACs by stock based on the common pool sub-ACL are shown in Table 6 below.
Table 6--Incidental Catch TACs by Stock for FY 2010-2012 (mt)
Percentage of sub- 2010 incidental 2011 incidental 2012 incidental
Stock
ACL
catch TAC
catch TAC
catch TAC
GB cod..............................
2
3.5
5.1
5.7
GOM cod.............................
1
3.4
3.6
3.6
GB yellowtail.......................
2
1.3
1.0
1.1
CC/GOM yellowtail...................
1
0.5
0.6
0.7
SNE/MA yellowtail...................
1
0.9
1.4
2.1
Plaice..............................
5
9.2
10.0
10.6
Witch flounder......................
5
2.1
3.1
3.7
SNE/MA winter flounder..............
1
5.2
7.3
9.7
GB winter...........................
2
1.1
1.2
1.4
White hake..........................
2
2.4
2.8
3.1
Pollock.............................
2
2.4
2.4
2.4
Table 7--Allocation of Incidental Catch TACs Among Special Management Programs
Closed area I Eastern U.S./
Stock
Regular B DAS
hook gear
Canada haddock program %
haddock SAP %
SAP %
GB cod..........................................................
50
16
34
GOM cod.........................................................
100
na
na
GB yellowtail...................................................
50
na
50
CC/GOM yellowtail...............................................
100
na
na
SNE/MA yellowtail...............................................
100
na
na
Plaice..........................................................
100
na
na
Witch flounder..................................................
100
na
na
SNE/MA winter flounder..........................................
100
na
na
GB winter.......................................................
50
na
50
White hake......................................................
100
na
na
Pollock.........................................................
50
16
34
Page 5023
Table 8--Incidental Catch TACs for Special Management Programs by Stock for FY 2010-2012 (mt)
Stock
Regular B DAS program
Closed area I hook gear
Eastern U.S./Canada haddock
haddock SAP
SAP
2010
2011
2012
2010
2011
2012
2010
2011
2012
GB cod........................................................
1.7
2.6
2.8
0.6
0.8
0.9
1.2
1.7
1.9
GOM cod.......................................................
3.4
3.6
3.6 ........ ........ ........ ........ ........ ........
GB yellowtail.................................................
0.6
0.5
0.5 ........ ........ ........
0.6
0.5
0.5
CC/GOM yellowtail.............................................
0.5
0.6
0.7 ........ ........ ........ ........ ........ ........
SNE/MA yellowtail.............................................
0.9
1.4
2.1 ........ ........ ........ ........ ........ ........
Plaice........................................................
9.2
10.0
10.6 ........ ........ ........ ........ ........ ........
Witch flounder................................................
2.1
3.1
3.7 ........ ........ ........ ........ ........ ........
SNE/MA winter flounder........................................
1.1
1.2
1.4 ........ ........ ........ ........ ........ ........
GB winter.....................................................
1.2
1.4
1.6 ........ ........ ........
1.2
1.4
1.6
White hake....................................................
5.2
7.3
9.7 ........ ........ ........ ........ ........ ........
Pollock.......................................................
1.2
1.2
1.2
0.4
0.4
0.4
0.8
0.8
0.8
6. Annual Specifications for U.S./Canada Management Area
The FMP specifies a procedure for setting annual hard TAC levels
(i.e., the fishery or area closes when a TAC is reached) for Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder in the U.S./Canada
Management Area. The regulations governing the annual development of
TACs were authorized by Amendment 13 to the FMP in order to be consistent with the U.S./Canada Resource Sharing Understanding
(Understanding), which is an informal understanding between the
Northeast Region of NMFS and the Maritimes Region of the Department of
Fisheries and Ocean of Canada (DFO) that outlines a process for the management of the shared GB groundfish resources. The Understanding specifies an allocation of TAC for these three stocks for each country, based on a formula that considers historical catch percentages and current resource distribution.
Annual TACs are determined through a process involving the Council, the Transboundary Management Guidance Committee (TMGC), and the U.S./
Canada Transboundary Resources Steering Committee. In September 2009, the TMGC approved the 2009 Guidance Document for Eastern GB cod and
Eastern GB haddock, which included recommended U.S. TACs for these stocks. Although the TMGC also approved the Guidance Document for GB yellowtail flounder, the TMGC was not able to agree on a shared TAC for
GB yellowtail flounder.
The U.S. delegation proposed 1,500 mt for the shared GB yellowtail flounder TAC, based on the SSC recommendation. The Canadians supported a larger shared TAC of 2,700 m. Due to the Magnuson-Stevens Act and FMP rebuilding plan for GB yellowtail flounder, the United States was constrained to the lower level it proposed, and the TMGC was unable to reach a consensus on an appropriate shared catch for GB yellowtail, and acknowledged this lack of consensus.
The recommended FY 2010 TACs were based on the most recent stock assessments (TRAC Status Reports for 2009), and the fishing mortality strategy shared by NMFS, the Department of Fisheries and DFO. The shared strategy has two parts: (1) To maintain a low to neutral (less than 50-percent) risk of exceeding the F limit reference (Fref = 0.18, 0.26, and 0.25 for cod, haddock, and yellowtail flounder, respectively); and (2) when stock conditions are poor, F should be further reduced to promote rebuilding.
The TMGC concluded that the most appropriate combined U.S./Canada
TAC for Eastern GB cod for FY 2010 is 1,350 mt. A 2010 TAC of 1,350 mt corresponds to the average of the pertinent two models for a neutral
(50-percent) risk of biomass decline. This corresponds to a low risk
(less than 25-percent) or neutral risk (50-percent) of exceeding the
Fref of 0.18 (i.e., Fmsy) in FY 2010. The annual allocation shares between countries for FY 2010 are based on a combination of historical catches (10 percent weighting) and resource distribution based on trawl surveys (90 percent weighting). Combining these factors entitles the
United States to 25 percent of the shared TAC and Canada to 75-percent, resulting in a quota of 338 mt for the United States and 1,012 mt for
Canada.
For Eastern GB haddock, the TMGC concluded that the most appropriate combined U.S./Canada TAC for FY 2010 is 29,600 mt. While this technically corresponds to the risk-neutral level (of exceeding F ref of 0.26), which assumes the entire TAC will be caught in FY 2009, realistically, it represents a low to neutral risk level, because the anticipated catch in FY 2009 will likely be less than the TAC. The annual allocation share recommendations between countries for FY 2010 are based on a combination of historical catches (10-percent weighting) and resource distribution based on trawl surveys (90-percent weighting). Combining these factors results in recommended allocations of 40.5 percent of the shared TAC to the United States, and 59.5 percent to Canada, or a quota of 11,988 mt for the U.S. and 17,612 mt for Canada.
On September 23, 2009, the Council approved, consistent with the 2009 Guidance Document, the following U.S. TACs recommended by the
TMGC: 338 mt of Eastern GB cod and 11,988 mt of Eastern GB haddock. The
Council recommended a U.S. TAC of 1,200 mt for GB yellowtail, based upon the SSC recommendation of 1,500 mt, minus the anticipated Canadian catch, estimated at 300 mt. The 300 mt is approximately the 3-year average of Canadian catch (2008, 2007, 2006; 151 mt, 132 mt, 590 mt, respectively), based upon TMGC information. The FY 2010 TACs for the
U.S./Canada Management Area represent substantial decreases for cod (36 percent) and yellowtail flounder (43 percent), and an increase for haddock, compared to the FY 2009 TACs for those species. The final GB yellowtail flounder sub-ACL proposed for the groundfish fishery (999 mt; Table 3) is lower than the 1,200-mt U.S. TAC, as discussed above, due to the allocation to the scallop fishery and consideration of management uncertainty.
Page 5024
Table 9--2010 U.S./Canada TACs (mt) and Percentage Shares
In parentheses
Eastern GB
* GB Yellowtail
Eastern GB Cod
Haddock
Flounder
Total Shared TAC.......................................
1,350
29,600
1,500
U.S. TAC...............................................
338 (25%)
11,988 (40.5%)
1,200
Canada TAC.............................................
1,012 (75%)
17,612 (59.5%)
na
* Developed unilaterally by the Council.
The regulations related to the Understanding, promulgated by the final rule implementing Amendment 13, state that ``any overages of the
GB cod, haddock, or yellowtail flounder TACs that occur in a given fishing year will be subtracted from the respective TAC in the following fishing year.'' Therefore, if an analysis of the catch of the shared stocks by U.S. vessels indicates that an over-harvest occurred during FY 2009, the pertinent components of the ACL would be adjusted downward in order to be consistent with the FMP and Understanding
(including the scallop ACL-subcomponent for GB yellowtail flounder).
Although it is very unlikely, it is possible that a very large over- harvest could result in an adjusted TAC of zero. If an adjustment to one of the FY 2010 TACs of cod, haddock, or yellowtail flounder is necessary, it will be done consistent with the Administrative Procedure
Act and the fishing industry will also be notified. 7. U.S./Canada Management Area Initial Measures for FY 2010.
NMFS also proposes to implement, in conjunction with FW 44, and using existing authority granted to the Regional Administrator under the FMP, measures to optimize the harvest of the transboundary stocks managed under the Understanding . The regulations in 50 CFR 648.85(a)(3)(iv)(D) provide the RA the authority to implement inseason adjustments to various measures in order to prevent over-harvesting, or to facilitate achieving the TAC.
Although this measure is not included in FW 44, pursuant to the authority cited above, the Council in November 2009 voted to direct the
RA to postpone the opening of the Eastern U.S./Canada Area for both sector and non-sector vessels fishing with trawl gear in FY 2010 from
May 1, 2010 to August 1, 2010. Therefore, this action proposes such a delay. The objective of this measure is to prevent trawl fishing in the
Eastern U.S./Canada Area during the time period when cod bycatch is likely to be very high, and to prolong access to this area in order to maximize the catch of available cod, haddock, and yellowtail flounder.
To further constrain fishing mortality on GB cod, NMFS proposes that, in a manner similar to FYs 2008 and 2009, common pool vessels fishing with non-trawl gear in the Eastern U.S./Canada Area prior to August 1, 2010, be limited to a cod catch of 5 percent of the Eastern GB cod TAC, or 16.9 mt of cod. This measure was successful in FYs 2008 and 2009 in slowing the annual catch rate of cod during the early part of the year.
Second, NMFS is proposing to implement, in conjunction with FW 44, a possession limit of 2,500 lb (1,125 kg) per trip for GB yellowtail flounder for common pool vessels to prevent the common pool sub-ACL from being exceeded. Although the proposed Amendment 16 regulations would not implement any default initial possession limit for GB yellowtail flounder (i.e., unlimited at the start of the fishing year),
NMFS is proposing this initial possession limit under its existing authority, in order to moderate catch to ensure fishing limits are not exceeding allow harvesting of the sub-ACL by the common pool, and decrease the likelihood that further restrictions during the FY would be needed to slow the catch. This possession limit is based on a recommendation of the Council's Groundfish Plan Development Team for a low GB yellowtail flounder trip limit, as well as a projected catch analysis for FY 2010, using current information on vessels that will fish in the common pool in FY 2010. If necessary, NMFS may modify this proposed trip limit based upon new information regarding the vessel composition of the common pool, or revised analytical assumptions. 8. Special Management Program Status for FY 2010
The Regional Administrator has existing authority to allocate trips into the Closed Area (CA) II Yellowtail Flounder SAP and, for other special management programs (Regular B DAS Program; CA I Hook Gear
Haddock SAP; and Eastern U.S./Canada Haddock SAP), has authority to close the program if the program would undermine achieving the objectives of the FMP or the SAP.
Therefore, in conjunction with FW 44, NMFS proposes that for FY 2010, zero trips be allocated to the CA II Yellowtail Flounder Special
Access Program, based on a determination that the available TAC of GB yellowtail flounder is insufficient to support a minimum level of fishing activity within the CA II SAP. The Regional Administrator has the authority to determine the allocation of the total number of trips into the CA II SAP based on several criteria, including the GB yellowtail flounder TAC level and the amount of GB yellowtail flounder caught outside of the SAP. As implemented in 2005 by Framework
Adjustment 40B (FW 40B) (70 FR 31323, June 1, 2005), zero trips to this
SAP should be allocated if the available GB yellowtail flounder catch is insufficient to support at least 150 trips with a 15,000-lb (6,804- kg) trip limit (i.e., 150 trips of 15,000 lb/trip = 2,250,000 lb (1,021 mt) needed). This calculation takes into account the projected catch from the area outside of the SAP. Based on the proposed groundfish sub-
ACL, of 2,202,355 lb (999 mt), even if the projected catch from outside the SAP area is zero, there is still insufficient GB yellowtail flounder available to allow the SAP to proceed (i.e., 2,202,355 lb (999 mt) available
