A recent assessment of the amount of cod found in the GOM was finalized in January 2012. The results are substantially different from those from a similar examination conducted in 2008. The new assessment concludes that GOM cod are ``overfished,'' meaning there is a lower amount of fish than necessary to sustain the population over the long term. It also concludes that GOM cod are subject to ``overfishing,'' meaning fishing activities are removing too many fish from the sea to sustain the population. The required population and fishing-related removal levels are set for GOM cod under a fishery management plan developed by the New England Fishery Management Council (Council) in collaboration with NMFS. This plan is designed to satisfy requirements of the primary law governing U.S. fisheries--the Magnuson-Stevens Fishery Conservation and Management Act.
The new assessment indicates that increasing GOM cod to the rebuilding stock size target is not possible by 2014, even if no cod are harvested by fisheries between now and then. Based on the information in the new assessment, NMFS has determined that the GOM cod rebuilding program is not making adequate progress toward building the stock to the required size. NMFS has notified the Council of this finding. Based on this notification and in accordance with Magnuson-Stevens Act requirements, the Council must revisit the GOM cod rebuilding plan and revise it within the next two years so that the recovery effort is back on track. NMFS also advised the Council that there is some limited flexibility the agency may use to reduce, rather than end, overfishing on GOM cod for up to one year. The Council had originally intended to use the new assessment information and recommend measures for fishing year 2012 (May 1, 2012-April 30, 2013). However, the Council elected not to do so, based on concerns about the new assessment. Instead, the Council has asked NMFS to implement interim measures for the fishing year, under its authorization to do so provided by section 305(c) of the Magnuson-Stevens Act.
In response to the Council's request, NMFS has decided that it is necessary and appropriate to implement this interim action to address overfishing of GOM cod using NMFS' authority in the Magnuson-Stevens Act (see Justification for Interim Action section later in this preamble for additional detail). In anticipation of implementing an interim rule, NMFS held several meetings with the Council, stakeholders, and interested parties. The objective of these meetings was to help identify fishing measures for the 2012 fishing year that will reduce overfishing. The measures implemented by this interim rule reduce GOM cod catch levels available to fishermen by approximately 17 percent from 2010 catch levels and 22 percent from 2011 catch levels, reduce the rate of fishing mortality by approximately 23 percent from the 2010 rate and approximately 4 percent from the 2011 rate, and therefore are consistent with Magnuson-Stevens Act requirements. These measures are based, in part, on the input from the meetings and are intended to reduce the magnitude of negative economic impact to fishery participants, fishery-dependent businesses, and coastal communities in New Enland in comparison to taking a more strict action to achieve reductions from 2010 catch levels by 84 percent and from 2011 catch levels by 85 percent that would be necessary to end overfishing.
This action implements catch levels and recreational management measures designed to reduce rather than end overfishing on the GOM cod stock in fishing year 2012. The Council intends to revisit the stock's rebuilding plan over the next two years and to develop measures to end overfishing on GOM cod starting in fishing year 2013 (May 1, 2013-April 30, 2014).
This interim rule implements a total GOM cod total annual catch limit (ACL) of 6,700 mt and divides this catch limit among the fishery as follows: Sectors, 3,618 mt, with an additional 471 mt as carryover; Common Pool, 81 mt; Recreational, 2,215 mt; State Waters, 253 mt; and Other Sub-component, 62 mt. This rule also implements a 19-inch (48.26-cm) minimum fish size for recreationally caught GOM cod and a recreational possession limit of 9 fish per angler. This rule is effective for 180 days.
NMFS is requesting comment on these interim measures in anticipation of extending the measures this fall to ensure measures are in place for the entire 2012 fishing year. Further, in response to public input, additional analysis is planned during 2012 to re-examine some components of the recent stock assessment. NMFS cannot predict how this additional analysis may influence what is known about the size and condition of the GOM cod population. It is possible that changes to measures may be necessary to respond to comments or new information when catch and management measures are extended this fall.
Additional detail is provided in the remainder of the preamble to this rule.
NMFS is republishing a temporary rule that implements interim Gulf of Maine (GOM) Atlantic cod (cod) management measures for the 2012 fishing year. This republication is necessary to ensure the effective date for the rule's measures are consistent with NMFS's interim rule authority provided by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This rule is unchanged from the rule published on April 3, 2012, and subsequently withdrawn. The need of the interim measures is unchanged by the withdrawal and republication: To establish GOM cod Annual Catch Limits (ACLs); implement recreational management measures that will constrain catch to the recreational sub-ACL; and reduce overfishing occurring on GOM cod in anticipation of further action to end overfishing in fishing year 2013.
DATES: Effective May 1, 2012, until October 29, 2012; comments must be received by May 31, 2012.
ADDRESSES: You may submit comments on this document, identified by ``NOAA-NMFS-2012-0045,'' by any of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ``submit a comment'' icon, then enter NOAA-NMFS-2012-0045 in the keyword search. Locate the document you wish to comment on from the resulting list and click on the ``Submit a Comment'' icon on the right of that line.
Mail: Submit written comments to Daniel Morris, Acting Regional Administrator, 55 Great Republic Drive, Gloucester, MA 01930. Fax: (978) 281-9135.
Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will 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 or Excel, WordPerfect, or Adobe PDF file formats only.
Copies of the supplemental environmental assessment (EA) prepared for this action by NMFS are available from Daniel Morris, Acting Regional Administrator, 55 Great Republic Drive, Gloucester, MA 01930.
The supplemental EA is accessible via the Internet at http://www.nero.noaa.gov. A copy of the most recent stock assessment for GOM cod is also accessible via the Internet at http://www.nefsc.noaa.gov/groundfish.
FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Policy Analyst, phone: 978-281-9104.
SUPPLEMENTARY INFORMATION:
Explanation of Withdrawal and Republication of GOM Cod Interim Measures
NMFS published the information that follows in this rule's preamble, classification, and amendatory language on April 3, 2012 (77 FR 19944), in the Federal Register. The interim rule measures were issued under authority of section 305(c) of the Magnuson-Stevens Act and were designed to become effective on May 1, 2012, the first day of the 2012 GOM cod fishing year. The initially published interim rule did specify that the measures were to become effective on May 1, 2012, and were to be in effect for 180 days from the date of publication (April 3-September 30, 2012). The interim rule was published in advance of the start of the fishing year to afford advanced notice of the measures to fishery participants and the interested public.
However, the effective date specified in the April 3, 2012 published interim rule is inconsistent with NMFS's authority provided by section 305(c) of the Magnuson-Stevens Act, which specifies that interim rules cannot be effective for more than 180 days from the date the rule publishes in the Federal Register. However, the rule was intended to be effective for 180 days from May 1, 2012, not April 3, 2012. Because the language pertaining to effective dates for interim rules is specific in the Magnuson-Stevens Act, NMFS could not issue a correction notice to change the effective date and reset the 180-day effective period.
To ensure that the interim rule measures effective date (May 1, 2012) and duration (180 days) is both correct and consistent with the authority provided to NMFS by the Magnuson-Stevens Act, we withdrew the rule published on April 3, 2012 (77 FR 19944), and are now republishing the rule in the Federal Register, with minimal changes to explain the withdrawal and republication. For clarity, the language, descriptions, measures, and rules being implemented by this rule are the same as those previously published and withdrawn. The language that follows this section is unchanged from the language contained in the previously published and withdrawn rule. NMFS issued interim measures for the 2012 Gulf of Maine (GOM) Atlantic cod fishery on April 3, 2012. These measures were intended to become effective May 1, 2012; however, the authority NMFS uses to issue interim measures requires that interim measures become effective on publication in the Federal Register. The interim rule published on April 3, 2012, is being withdrawn so NMFS may re-issue the same measures on May 1, 2012, to ensure that the effective date is consistent with both NMFS' authority and the start of the 2012 GOM cod fishing year.
DATES: The interim rule published on April 3, 2012, at 77 FR 19944 is withdrawn as of May 1, 2012.
FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Policy Analyst, (978) 281-9104.