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Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Deep- Sea Red Crab Fishery
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 8, 2001 (Volume 66, Number 89)]
[Rules and Regulations]
[Page 23182-23185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my01-18]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 010413094-1094-01; I.D. 032101A]
RIN 0648-AP10
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic Deep-
Sea Red Crab Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; request for comments.
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SUMMARY: NMFS issues this emergency interim rule to govern fishing in
the Atlantic deep-sea red crab (Chaceon quinquedens) (red crab)
fishery. This rule implements a total allowable catch (TAC) of 2.5
million lb (1,134 mt) of red crab; a possession limit of 65,000 lb
(29.5 mt) of whole red crab or its equivalent; a trap/pot limit of 600
pots; and an incidental catch of 100 lb (45.4 kg) of whole red crab per
fishing trip. This rule also establishes the requirements for a letter
of authorization (LOA), for vessel reporting via an interactive voice
response (IVR) system, and for submission of vessel trip reports (VTR)
for the red crab fishery. The intended effect of this rule is to
prevent or eliminate overfishing and provide immediate protection of
the red crab stock in the previously unregulated Atlantic deep-sea red
crab fishery in the Northeast region until a Federal fishery management
plan (FMP) is implemented.
DATES: This emergency interim rule is effective from May 18, 2001,
through November 14, 2001.
Written comments must be received no later than 5 p.m. local time
on June 7, 2001.
ADDRESSES: Written comments should be sent to, and copies of the
Environmental Assessment/Regulatory Impact Review supporting this
action may be obtained from, Patricia A. Kurkul, Regional
Administrator, National Marine Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930.
Comments regarding the collection-of-information requirements
contained in this emergency interim rule should be sent to the Regional
Administrator and to the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Washington, DC 20503 (Attn: NOAA
Desk Officer).
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION:
Background
Deep-sea red crabs are typically slow growing, and major
recruitment events are believed to occur rarely, leaving this resource
particularly vulnerable to overfishing. Prior to March 1, 2000 (the
``control date'' that may be used for establishing eligibility criteria
for determining levels of access to the red crab fishery, should access
be regulated in the future), the largest reported vessel in the red
crab fishery was 120 ft (36.6 m) in length overall and the average hold
capacity of vessels in the fleet was between 60,000 and 65,000 lb (27.2
mt and 29.5 mt) of whole crab product. As of the control date, no
vessel reportedly fished more than 600 pots, and none had the ability
to process completely crabs on board. (``Process completely'' means
that the harvested crabs are picked, cleaned, cooked, and frozen.) All
but one of the five vessels in the fishery prior to the control date
land their crabs whole and alive. The remaining vessel reportedly
butchers the crabs on board, which means the crab is cut in half and
the carapace removed (with a recovery rate of about 58 percent, by
weight, of the whole crab). The principal method of fishing for these
vessels is to steam to the fishing grounds, set and haul baited traps,
and return to port quickly in order to ensure fresh product. Trips are
limited in length primarily by the hold capacity of the vessel and by
the need to keep the product fresh and, for most vessels, alive.
In late 2000, two additional vessels reportedly entered the red
crab fishery. Both of these vessels are larger than the rest of the
fleet, reportedly on the order of 150 ft (45.7 m) in length overall,
and are catcher-processor vessels with the capability of extensive
processing (picking, cleaning, cooking and freezing) of crab product on
board while at sea. The hold capacity of these vessels is also larger
than that of the other vessels in the fleet--one vessel reportedly has
a hold capacity of up to 300,000 lb (136.1 mt) and the other up to
185,000 lb (84 mt). Each of these vessels is reported to be fishing
similar numbers of traps/pots as the other vessels in the fleet.
Further, in early 2001, a third new vessel reportedly entered the red
crab fishery, and more vessels may be considering entering this
fishery.
The most recent information available on deep-sea red crabs and the
red crab fishery, which is based on a 1977 assessment, indicates that
there is a maximum sustainable yield (MSY) of approximately 5.5 million
lb (2,495 mt) and that four to six vessels fishing at historical levels
of capacity represent the maximum amount of harvesting effort that can
be sustained by the resource in order not to exceed the MSY. The
addition of up to three new vessels, with a potential for more,
threatens not only the resource but also the viability of the existing
fishery unless restrictive measures are put into place. While the non-
processor vessels fill their holds with whole and, in most cases, live
crabs, the catcher-processor vessels have the capability to fill their
holds with processed frozen crab meat and thus land an equivalent live
weight product of 5 to 30 times higher than the non-processor vessels
(depending on hold capacity and processing recovery rate).
Since there were only five vessels in the fishery at the time of
the control date, and given the evidence that harvesting capacity on
that date was sufficient to utilize fully the available resource,
additional harvesting capacity after the control date threatens the
fishery. Concerns for overharvesting are increased if vessels entering
the fishery after the control date are significantly larger in hold
capacity and/or are capable of processing red crab at sea.
Given an MSY for the Northeast region of 5.5 million lb (2,495 mt)
and a hold capacity of approximately 65,000 lb (29.5 mt) of whole crab,
each of the five vessels fishing in the red crab fishery prior to the
March 1, 2000, control date could take a maximum of 1.3 percent of the
MSY per trip. A catcher-processor vessel, with a hold capacity of
300,000 lb (136.1 mt) of finished product, could take approximately 16
to 30 percent of the MSY per trip (depending on processing recovery
rate). Given the recent red crab landings by vessels that fished for
red crab prior to the control date, incremental effort by those vessels
and effort by new vessels could result in overfishing.
In fact, even without new entrants, overfishing may be occurring.
Preliminary reports from the industry suggest that existing vessels
harvested approximately 7 million lb (3,175.2 mt) of red crab in 2000,
roughly 125 percent of the MSY estimate.
At its January 23, 2001, meeting, the New England Fishery
Management Council (Council) approved a motion to request that the
Secretary of Commerce (Secretary) use his authority under
[[Page 23183]]
section 305(c) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) to promulgate emergency
regulations to address the potential for a rapid increase in the
harvesting of red crab and to halt or prevent overfishing, while
providing immediate protection to the red crab resource as the Council
develops an FMP for red crab.
Section 305(c) of the Magnuson-Stevens Act authorizes the Secretary
to implement emergency regulations or interim measures, if necessary,
to address an emergency or overfishing, regardless of whether an FMP
exists for such fishery. These emergency regulations may remain in
effect for no more than 180 calendar days after the date of publication
in the Federal Register, with a possible 180-day extension, provided
the public has an opportunity to comment on the measures. In the case
where emergency regulations are implemented at the request of the
Council, an extension is justified only if the Council is actively
preparing an FMP (or an FMP amendment or other regulations) to address
the emergency or overfishing on a permanent basis.
For the reasons stated above, NMFS concurs with the Council's
determination that the current exploitation of the red crab resource,
combined with the likelihood of immediate, significant increases in
total exploitation, constitutes an emergency situation that presents
significant conservation problems. Although the precise level of
harvest is unknown, recently reported landings have been at or in
excess of the historical MSY. With the arrival of new harvesting
capacity and the probability that total capacity could increase
several-fold in the next few months, there is strong justification for
the Secretary's intervention in preventing overfishing.
This emergency rule contains measures that, NMFS believes, will
prevent or eliminate overfishing of the red crab stock in the short
term in the EEZ from Cape Hatteras Light, NC, northward to the U.S.-
Canada border. This area was chosen for regulation because it
encompasses, based on available information, the portions of the red
crab stock currently being harvested. The measures include a TAC of 2.5
million lb (1,134 mt) of red crab for the 180-day period of
effectiveness for this emergency rule, which is based on an annual TAC
of 5.0 million lb (2,268 mt); a possession limit of 65,000 lb (29.5 mt)
of whole red crab or its equivalent; a trap/pot limit of 600 pots; and
an incidental catch of 100 lb (45.4 kg) of whole red crab per trip.
This rule also establishes the requirements for a LOA, for vessel
reporting via an IVR system, and for submission of VTRs for the red
crab fishery.
As mentioned previously, a region-wide MSY estimate of red crab is
approximately 5.5 million lb (2,495 mt). The 1977 red crab assessment,
which was based on a 1974 survey conducted prior to the establishment
of the Hague Line, included portions of Georges Bank that are now in
Canadian waters. Since 92.4 percent of the total exploitable biomass
abundance was in U.S. waters, an appropriate annual TAC for the area
chosen for regulation is approximately 5 million lb (2,268 mt).
The establishment of a 2.5-million lb (1,134-mt) TAC sets an upper
limit on the amount of red crab available to be harvested during the
180-day effectiveness period of these emergency regulations. When NMFS
determines that total landings of red crab are projected to have
reached the TAC, the directed red crab fishery will be closed and
fishing for, and landings of, red crab in amounts greater than the
incidental catch limit will be prohibited. NMFS has set the TAC at a
level that will ensure, to the extent possible, that overfishing does
not occur.
This action establishes a 65,000-lb (29.5-mt) possession limit,
which is the average hold capacity of the non-processing red crab
vessels that fished historically, at least 1 year prior to and
including the control date of March 1, 2000. The possession limit
applies to landings of whole or processed red crabs equivalent to
65,000 lb (29.5 mt) of whole crabs. The ratio of whole crab weight to
finished product weight for crab parts, other than whole crabs or meat
only, is 1.72 to 1. The ratio of whole crab weight to finished product
weight for crabs that have been picked, cleaned, cooked, and frozen
(that is, meat only) is 4 to 1. Vessels that land whole crabs and that
have hold capacities of approximately 65,000 lb (29.5 mt) should be
able to continue fishing at or near their historical levels. Vessels
with significantly larger hold capacities than 65,000 lb (29.5 mt) will
be able to participate in the fishery but will likely be constrained in
their ability to fish efficiently for red crab. Setting the trip limit
at 65,000 lb (29.5 mt) is intended to help prevent a derby-type fishery
and is intended to allow the greatest number of vessels with a recent
history in the fishery to continue to fish in a safer, more economical
manner, while not expressly precluding red crab fishing by any vessel
that chooses to fish under the emergency provisions. The transferring
of red crab at sea, either whole or processed, is prohibited pursuant
to Sec. 648.265(b). Purchasing, possessing or receiving for a
commercial purpose, more than 100 lb (45.4 kg) of whole red crab, or
its equivalent as specified at Sec. 648.265(a), caught by a vessel in
the EEZ that has not been issued a valid LOA under this subpart, is
also prohibited pursuant to Sec. 648.265(c).
This action also establishes a trap/pot limit of 600 pots. No
vessel reportedly fished more than 600 pots as of the control date and
this pot limit is not expected to be a restriction for vessels
currently fishing for red crab, including the newly entered vessels.
This pot limit could, however, serve to prevent any vessel from
increasing the number of pots it fishes, in the face of trip limits.
Therefore, with a vessel spreading its effort out and catching its trip
limit over several days, rather than sooner, the fishery is prevented
from being converted into a derby-type fishery.
For non-red crab directed trips, data from 1998 and 1999 show that
the median catch was 115 lb (52.2 kg) per trip. An incidental catch
limit of 100 lb (45.4 kg) of whole red crab per fishing trip, or its
equivalent as discussed above, is established by this emergency action
for vessels fishing without a LOA in order to allow historical
incidental catches to continue. While NMFS' databases show a total
incidental catch of red crab of 13,594 lb (6,166 kg) in 1998 and of
10,852 lb (4,922.5 kg) in 1999, this is very likely to be an
underestimate, given the uncertainty in the data. Nevertheless, the
total allowed incidental catch, which is not counted against the TAC,
is expected to be insignificant and should not undermine the benefits
of having a TAC.
In conjunction with the aforementioned measures, vessels intending
to fish for or land more than the allowed incidental catch limit for
red crab are required to obtain an LOA issued by the Administrator,
Northeast Region, NMFS, by requesting one, in writing, from the
Northeast Region Permit Office (see ADDRESSES) or by calling the Permit
Office at 978-281-9370.
To allow for monitoring of the TAC, vessels that obtain an LOA are
required to report their red crab catch landings via an IVR system (the
IVR reporting system used to monitor harvest levels for certain species
in the fisheries of the Northeast) upon returning to port for each trip
until the expiration of these emergency regulations or until such time
that the TAC has been reached and the fishery closed, whichever comes
first.
To enable the gathering of data for the fishery that are necessary
for the
[[Page 23184]]
development of a Red Crab FMP, vessels that obtain an LOA are required
to file a VTR, consistent with these emergency regulations, for the
duration of these emergency regulations or until such time that the TAC
has been reached and the fishery closed, whichever comes first.
The red crab fishery falls under the Marine Mammal Protection Act
Category I Lobster Trap/Pot fishery. Therefore, vessels in this fishery
are required to comply with the applicable gear restrictions for that
fishery, including a required weak link at the buoy that breaks away
knotless at 3,780 lb (1,714.6 kg) and a requirement for marking of gear
as specified at Sec. 229.32. Also, red crab fishing gear, fished in 200
fathoms (365.8 m) or less by a vessel issued a limited access lobster
permit under Sec. 697.4(a), must comply with the trap tagging
requirements specified at Sec. 697.19.
Classification
The AA finds that the need to provide immediate protection to the
Atlantic deep-sea red crab stock to protect it from overfishing
constitutes good cause to waive the requirement to provide notice and
the opportunity for public comment, pursuant to authority set forth at
5 U.S.C. 553 (b)(B), as such procedures would be contrary to the public
interest. Similarly, the need to implement these measures in a timely
manner to protect the stock from overfishing constitutes good cause,
under authority contained in 5 U.S.C. 553(d)(3), to partially waive the
30-day delay in effective date otherwise required by 5 U.S.C. 553(d).
The reason for the partial waiver is to allow vessel owners 10 days to
obtain the necessary vessel LOA and fishing logs.
This emergency rule has been determined to be not significant for
the purposes of E.O. 12866.
This rule is exempt from the analytical requirements of the
Regulatory Flexibility Act because no public comments are required
under 5 U.S.C. 553 et seq. and no other law mandates the application of
such requirements.
Notwithstanding any other provision of law, no person is required
to respond to nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) unless that collection-of-
information displays a currently valid OMB control number.
This rule contains four collection-of-information requirements
subject to the PRA. The collection of this information has been
approved by OMB, and the OMB control numbers and the estimated time for
a response are as follows:
Letters of authorization, OMB control number 0648-0202 (5 minutes/
response).
Observer deployment, OMB control number 0648-0202 (2 minutes/
response).
Vessel trip reports, OMB control number 0648-0212 (5 minutes/
response).
IVR system reports, OMB control number 0648-0212 (4 minutes/
response).
The aforementioned response estimates include the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these burden
estimates, or any other aspect of the data requirements, including
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fishing, Fisheries, Vessel permits, Reporting and recordkeeping
requirements.
Dated: May 2, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is 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. Subpart M is added to read as follows:
Subpart M--Emergency Measures for the Atlantic Deep-Sea Red Crab
Fishery
Sec.
648.260 Purpose and scope.
648.261 Definitions.
648.262 Vessel letters of authorization (LOA).
648.263 Recordkeeping and reporting requirements.
648.264 Closure.
648.265 Possession and landing limits.
648.266 Trap/pot limits.
648.267 Incidental catch.
648.268 Prohibitions.
Subpart M--Emergency Measures for the Atlantic Deep-Sea Red Crab
Fishery
Sec. 648.260 Purpose and scope.
These regulations implement emergency measures, under the authority
of the Magnuson-Stevens Act, to manage the red crab fishery in the EEZ
in U.S. waters of the western Atlantic Ocean from 35 deg.15.3' N. Lat.,
the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada
border.
Sec. 648.261 Definitions.
In addition to the definitions in the Magnuson-Stevens Act, 50 CFR
part 600, and in Sec. 648.2, the terms in this subpart have the
following meaning:
Red crab means Chaceon quinquedens.
Trap/pot means any structure or other device, other than a net,
that is placed, or designed to be placed, on the ocean bottom and is
designed for, or is capable of, catching red crabs.
Sec. 648.262 Vessel letters of authorization (LOA).
(a) Any vessel of the United States must have been issued and have
on board a valid LOA from the Northeast Regional Administrator to fish
for, catch, possess, transport, land, sell, trade, barter, or process
at sea more than 100 lb (45.4 kg) of red crab, or its equivalent as
specified at Sec. 648.265(a), per fishing trip in or from the EEZ from
35 deg.15.3' N. Lat., the latitude of Cape Hatteras Light, NC,
northward to the U.S.-Canada border.
(b) An LOA, once issued, shall be effective until the TAC has been
reached and the fishery has been closed as specified under
Sec. 648.264.
(c) An LOA, for the purposes of this subpart, may be obtained by
telephone or written request to the Northeast Region Permit Office.
Sec. 648.263 Recordkeeping and reporting requirements.
(a) The owner or operator of a vessel issued a valid LOA under this
subpart must comply with the recordkeeping and reporting requirements
prescribed in this subpart, unless the TAC has been reached and the
fishery has been closed as specified in Sec. 648.264. The owner or
operator of a vessel that has been issued a valid LOA under this
subpart must report red crab landings per fishing trip via an IVR
system within 24 hours after returning to port and offloading. The IVR
report does not exempt the owner or operator from any other applicable
reporting requirements of this part and shall include at least the
following information, and any other information required by the
Regional Administrator: Vessel identification, pounds of red crab
landed, and pounds of red crab discarded at sea, in accordance with the
conversion factor specified in Sec. 648.265(a), if applicable.
(b) The owner or operator of a vessel issued a valid LOA under this
subpart
[[Page 23185]]
must maintain on board the vessel, and submit to the Northeast Regional
Administrator, an accurate fishing log report for each fishing trip, on
forms supplied by or approved by the Northeast Regional Administrator.
Log reports must be filled out before landing any red crab or its
equivalent. Information in log reports must be provided in accordance
with Sec. 648.7(b)(1)(i). Fishing vessel log reports, including
negative fishing reports, must be postmarked or received by the
Northeast Regional Administrator within 15 days after the end of the
reporting month. Each vessel owner will be sent forms and instructions,
including the address to which reports are to be submitted, along with
the LOA issued under this subpart. This log report does not exempt the
owner or operator from other applicable reporting requirements of this
part.
Sec. 648.264 Closure.
NMFS shall prohibit any further fishing for, catching, landing, or
processing at sea of red crab, in a fishing period for which NMFS has
established a TAC, other than incidental catch as specified at
Sec. 648.267, as of the date NMFS determines that the total landings of
red crab will reach or exceed that TAC. NMFS shall publish notification
of this prohibition in the Federal Register, without further
opportunity for public comment.
Sec. 648.265 Possession and landing limits.
(a) A vessel or operator of a vessel that has been issued a valid
LOA under this subpart may fish for, catch, possess, transport, land,
sell, trade, barter, or process at sea up to 65,000 lb (29.5 mt) of
whole red crab (including culls) or its equivalent, per fishing trip.
For red crab meat-only, the equivalent weight of whole red crab is the
weight of red crab meat multiplied by 4. For red crab parts other than
whole or meat-only, the equivalent weight of whole red crab is the
weight of red crab parts multiplied by 1.72.
(b) A vessel may not transfer at sea, either directly or
indirectly, or attempt to transfer at sea to any vessel, any red crab,
or its equivalent, taken in or from the EEZ.
(c) No person may purchase, possess, or receive for a commercial
purpose, more than 100 lb (45.4 kg) of whole red crab, or its
equivalent as specified at Sec. 648.265(a), caught in the EEZ by a
vessel that has not been issued a valid LOA under this subpart.
Sec. 648.266 Trap/pot limits.
A vessel or operator of a vessel may possess, haul, harvest red
crab from, or carry on board a vessel, up to a total of 600 traps/pots
when fishing for, catching, or landing red crab.
Sec. 648.267 Incidental catch.
Any vessel or operator of a vessel that has not been issued a valid
LOA under this subpart, or a vessel or operator of a vessel that has
been issued a valid LOA under this subpart and the prohibition
specified at Sec. 648.264 takes effect, is authorized to possess and
land no more than 100 lb (45.4 kg) of whole red crab, or its
equivalent, per trip.
Sec. 648.268 Prohibitions.
(a) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in Sec. 648.14, it is unlawful for any
person to do any of the following:
(1) Fish for, catch, possess, transport, land, sell, trade, barter
or process at sea more than 100 lb (45.4 kg) of whole red crab, or its
equivalent as specified at Sec. 648.265(a), per fishing trip, in or
from the EEZ from 35 deg.15.3' N. Lat., the latitude of Cape Hatteras
Light, NC, northward to the U.S.-Canada border, unless in possession of
a valid LOA issued by the Northeast Regional Administrator under this
subpart.
(2) Fail to comply with the recordkeeping and reporting
requirements of Sec. 648.263.
(3) Fish for, catch, possess, transport, land, sell, trade, barter
or process at sea red crab in excess of a landing limit specified in
Sec. 648.265.
(4) Possess, haul, harvest red crab from, or carry on board a
vessel, more than a total of 600 traps/pots when fishing for, catching,
or landing red crab as specified at Sec. 648.266.
(5) Transfer at sea, either directly or indirectly, or attempt to
transfer at sea to any vessel, any red crab, or its equivalent as
specified at Sec. 648.265(a), taken in or from the EEZ.
(6) Purchase, possess, or receive for a commercial purpose, more
than the incidental catch level specified in Sec. 648.267 of red crab
caught in the EEZ from 35 deg.15.3' N. Lat., the latitude of Cape
Hatteras Light, NC, northward to the U.S.-Canada border by a vessel
that has not been issued a valid LOA under this subpart.
(b) [Reserved]
[FR Doc. 01-11460 Filed 5-2-01; 4:57 pm]
BILLING CODE 3510-22-S