Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2005 Georges Bank Cod Hook Sector Operations Plan and Agreement and Allocation of GB Cod Total Allowable Catch, 16804-16806 [E5-1469]
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16804
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices
The eastern Pamlico Sound shallow
water fishery operates from April
through December in depths typically
less than 3 feet (1.0 m). Vessels are
usually open skiffs ranging from 15 to
25 feet (4.6 to 7.6 m) in length. Each
fisherman sets 500 to 2000 yards (457 to
1,828 m) of large mesh (5.5 to 7.0 inch
(14.0 to 17.8 cm)) or small mesh (3.5 to
4.5 inch (8.90 to 11.4 cm)) gill net,
which are soaked overnight and
retrieved by hand.
In addition to the eastern Pamlico
Sound fisheries, a mainland based
flounder gill net fishery occurs in the
shallow water bays and along the
shoreline of Hyde and Pamlico
Counties. The GNRA consist of all
mainland areas within 200 yards (183
m) of shore between 76°30′W and
75°42′W. The fishery operating in this
area is similar to the Outer Banks
fishery with the effort from April
through December. Fishing depths are
typically less than 3 feet (1.0 m), and
each fisherman sets 500 to 2000 yards
(457 to 1,828 m) of large mesh (5.5 to
7.0 inch (14.0 to 17.8 cm)), which are
soaked overnight and retrieved by hand.
This fishery did not operate during the
2001 fishing season due to the 2001
closure of Pamlico Sound (66 FR 50350,
October 3, 2001).
Management measures identified in
the Conservation Plan include tending
requirements for small mesh gillnets;
restrictions on the maximum net length
per fishing operation; and prohibitions
of large mesh gillnets in areas around
the inlets. NCDMF will monitor sea
turtle interactions through reports from
fishery observers, fishermen, and
NCDMF Marine Patrol.
The annual anticipated lethal and
nonlethal incidental take of sea turtles
is anticipated to be 100 and 320,
respectively. Specifically, the
anticipated lethal and nonlethal take by
species is 25 and 80 Kemp’s ridley, 50
and 160 green, and 25 and 80
loggerhead turtles. NCDMF is proposing
to limit the commercial fall gill net
fishery for flounder such that the
incidental impacts on ESA-listed sea
turtles will be minimized. NCDMF
would use a variety of adaptive fishery
management measures and restrictions
through their state proclamation
authority to reduce sea turtle mortality
in the fall gill net fishery by 50 percent,
compared to the mortality level
indicated by strandings in 1999.
NCDMF considered and rejected one
other alternative, not applying for a
permit and closing the fishery, when
developing their conservation plan.
This notice is provided pursuant to
section 10(c) of the ESA and the
National Environmental Policy Act
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(NEPA) regulations (40 CFR 1506.6).
NMFS will evaluate the application,
associated documents, and comments
submitted thereon to determine whether
the application meets the requirements
of the NEPA regulations and section
10(a) of the ESA. If it is determined that
the requirements are met, a permit will
be issued for incidental takes of ESAlisted sea turtles under the jurisdiction
of NMFS. The final NEPA and permit
determinations will not be completed
until after the end of the 30–day
comment period and will fully consider
all public comments received during the
comment period. NMFS will publish a
record of its final action in the Federal
Register.
Dated: March 28, 2005.
P. Michael Payne,
Chief, Marine Mammal and Turtle Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 05–6506 Filed 3–31–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 031005A]
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2005 Georges Bank Cod Hook
Sector Operations Plan and Agreement
and Allocation of GB Cod Total
Allowable Catch
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: Amendment 13 to the
Northeast (NE) Multispecies Fishery
Management Plan (FMP) (Amendment
13) authorized allocation of up to 20
percent of the annual Georges Bank (GB)
cod total allowable catch (TAC) to the
GB Cod Hook Sector (Sector). Pursuant
to that authorization, the Sector has
submitted an Operations Plan and
Sector Contract entitled, ‘‘Amendment 1
to Georges Bank Cod Hook Sector
Operations Plan and Agreement’’
(together referred to as the Sector
Agreement), and a Supplemental
Environmental Assessment (EA), and
has requested an allocation of GB cod,
consistent with regulations
implementing Amendment 13. This
notice provides interested parties an
opportunity to comment on the
proposed Sector Agreement prior to
final approval or disapproval of the
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Sector Operations Plan and allocation of
GB cod TAC to the Sector for the 2005
fishing year.
DATES: Written comments must be
received on or before April 18, 2005.
ADDRESSES: Written comments should
be sent to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 1 Blackburn Drive,
Gloucester, MA 01930. Mark the outside
of the envelope ‘‘Comments on GB Cod
Hook Sector Operations Plan.’’
Comments may also be sent via fax to
(978) 281–9135, or submitted via e-mail
to: codsector@NOAA.gov.
Copies of the Sector Agreement and
the EA are available from the NE
Regional Office at the mailing address
specified above.
FOR FURTHER INFORMATION CONTACT:
Thomas Warren, Fishery Policy Analyst,
phone (978) 281–9347, fax (978) 281–
9135, e-mail
Thomas.Warren@NOAA.gov.
SUPPLEMENTARY INFORMATION: NMFS
announces that the Administrator,
Northeast Region, NMFS (Regional
Administrator), has made a preliminary
determination that the Sector
Agreement, which contains the Sector
Contract and Operations Plan, is
consistent with the goals of the NE
multispecies FMP and other applicable
law and is in compliance with the
regulations governing the development
and operation of a sector as specified
under 50 CFR 648.87. The final rule
implementing Amendment 13 (69 FR
22906, April 27, 2004) specified a
process for the formation of sectors
within the NE multispecies fishery and
the allocation of TAC for a specific
groundfish species (or Days-at-Sea
(DAS)), implemented restrictions that
apply to all sectors, authorized the GB
Cod Hook Sector, established the GB
Cod Hook Sector Area (Sector Area),
and specified a formula for the
allocation of GB cod TAC to the Sector.
The principal Amendment 13
regulations applying to the Sector
specify that: (1) All vessels with a valid
limited access NE multispecies DAS
permit are eligible to participate in the
Sector, provided they have documented
landings of GB cod through valid dealer
reports submitted to NMFS of GB cod
during the fishing years 1996 to 2001
when fishing with hook gear (i.e., jigs,
demersel longline, or handgear); (2)
Membership in the Sector is voluntary,
and each member would be required to
remain in the Sector for the entire
fishing year and could not fish outside
the NE multispecies DAS program
during the fishing year, unless certain
conditions are met; (3) Vessels fishing in
the Sector (participating vessels) would
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices
be confined to fishing in the Sector
Area, which is that portion of the GB
cod stock area north of 39°00′ N. lat. and
east of 71°40′ W. long; and (4)
Participating vessels would be required
to comply with all pertinent Federal
fishing regulations, unless specifically
exempted by a Letter of Authorization,
and the provisions of an approved
Operations Plan.
While Amendment 13 authorized the
Sector, in order for GB cod to be
allocated to the Sector and the Sector
authorized to fish, the Sector must
submit an Operations Plan and Sector
Contract to the Regional Administrator
annually for approval. The Operations
Plan and Sector Contract must contain
certain elements, including a contract
signed by all Sector participants and a
plan containing the management rules
that the Sector participants agree to
abide by in order to avoid exceeding the
allocated TAC. An additional analysis of
the impacts of the Sector’s proposed
operations may be required in order to
comply with the National
Environmental Policy Act. Further, the
public must be provided an opportunity
to comment on the proposed Operations
Plan and Sector Contract. The
regulations require that, upon
completion of the public comment
period, the Regional Administrator will
make a determination regarding
approval of the Sector Contract and
Operations Plan. If approved by the
Regional Administrator, participating
vessels would be authorized to fish
under the terms of the Operations Plan
and Sector Contract.
The Sector was authorized for fishing
year (FY) 2004 and, based upon the
hook gear landings history of its 58
members, was allocated 371 mt of cod,
which is 12.587 percent of the total
2004 GB cod TAC.
On March 3, 2005, the Sector Manager
submitted to NMFS, Amendment 1 to
the 2004 Sector Agreement and a
supplemental EA entitled ‘‘The Georges
Bank Cod Hook Sector Operations Plan’’
which analyzes the impacts of the
proposed Sector Agreement.
With three substantive exceptions, the
proposed 2005 Sector Agreement
contains the same elements as the 2004
Sector Agreement. The first substantive
modification to the 2004 Sector
Agreement is the eligibility criteria for
membership. The 2004 eligibility
criteria for membership in the Sector
specified issuance of a limited access
NE multispecies DAS permit, and
documented landings of GB cod by hook
gear, during the qualifying period.
Framework Adjustment 40–B, which is
currently under review by NMFS,
proposes to modify the eligibility
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criteria for the Sector and the basis upon
which the TAC allocation is
determined. If Framework 40–B is
approved, the eligibility criteria will be
expanded to include landings of GB cod
by all gears (beginning in 2005), and the
TAC allocated to the Sector would be
based on the members’ landings of GB
cod using any gear rather than being
based only on historic landings of GB
cod by hook gear.
The second substantive modification
proposed in the 2005 Sector Agreement
is a change to the Penalty Schedule,
which proposes more severe penalties
for violations of the time or area
restrictions. The third modification
proposed is the removal of the current
gear requirement limiting the number of
bundles of hooks in set in the Sector’s
inshore gear restriction area (the
maximum number of 4,500 hooks is the
same).
The Sector Agreement would be
overseen by a Board of Directors and a
Sector Manager. The Sector Agreement
specifies, in accordance with
Amendment 13, that the Sector’s GB cod
TAC would be based upon the number
of Sector members and their historic
landings of GB cod. The GB cod TAC is
a ‘‘hard’’ TAC, meaning that, once the
TAC is reached, Sector vessels could not
fish under a DAS, possess or land GB
cod or other regulated species managed
under the FMP (regulated species), or
use gear capable of catching groundfish
(unless fishing under charter/party or
recreational regulations).
As of March 18, 2005, 52 prospective
Sector members had signed the 2005
Sector Contract. Because a new method
of TAC calculation could be
implemented under Framework 40–B,
two GB cod TAC allocations were
calculated: One based upon historic cod
landings by hook gear only (i.e., when
fishing with jigs, demersal longline, or
handgear), and a second allocation
based upon landings by all gear. The
allocation percentages were calculated
by dividing the sum of total landings of
GB cod by Sector members for the
fishing years 1996 through 2001, by the
sum of the total accumulated landings
of GB cod harvested by all NE
multispecies vessels for the same time
period (113,278,842 lb). The resulting
numbers are 11.32 percent and 11.65
percent, for hook gear and all gear,
respectively. Based upon these 52
prospective Sector members, the Sector
TACs of GB cod would be either 463 mt
or 477 mt (11.32 or 11.65 percent times
the fishery-wide GB cod target TAC of
4,090 mt, respectively). The fisherywide GB cod target TAC of 4,090 mt is
less than the GB cod target TAC
specified in Amendment 13 (4,830 mt)
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16805
because the 4,830 mt included Canadian
catch. That is, the fishery-wide GB cod
target TAC of 4,090 mt was calculated
by subtracting the GB cod TAC specified
for Canada under the U.S./Canada
Resource Sharing Understanding for the
2005 fishing year (740 mt), from the
overall GB cod target TAC of 4,830 mt
specified in Amendment 13. If
prospective members of the Sector
change their minds after the publication
of this notice and prior to a final
decision by the Regional Administrator,
it is possible that the total number of
participants in the Sector and the TAC
for the Sector may be slightly reduced
from the numbers above.
The Sector Agreement contains
procedures for the enforcement of the
Sector rules, a schedule of penalties,
and provides the authority to the Sector
Manager to issue stop fishing orders to
members of the Sector. Participating
vessels would be required to land fish
only in designated landing ports and
would be required to provide the Sector
Manager with a copy of the Vessel Trip
Report (VTR) within 48 hours of
offloading. Dealers purchasing fish from
participating vessels would be required
to provide the Sector Manager with a
copy of the dealer report on a weekly
basis. On a monthly basis, the Sector
Manager would transmit to NMFS a
copy of the VTRs and the aggregate
catch information from these reports.
After 90 percent of the Sector’s
allocation has been harvested, the
Sector Manager would be required to
provide NMFS with aggregate reports on
a weekly basis. A total of 1/12 of the
Sector’s GB cod TAC, minus a reserve,
would be allocated to each month of the
fishing year. GB cod quota that is not
landed during a given month would be
rolled over into the following month.
Once the aggregate monthly quota of GB
cod is reached, for the remainder of the
month, participating vessels could not
fish under a NE multispecies DAS,
possess or land GB cod or other
regulated species, or use gear capable of
catching regulated NE multispecies.
Once the annual TAC of GB cod is
reached, Sector members could not fish
under a NE multispecies DAS, possess
or land GB cod or other regulated
species, or use gear capable of catching
regulated NE multispecies for the rest of
the fishing year. The harvest rules
would not preclude vessels from fishing
under the charter/party or recreational
regulations, provided the vessel fishes
under the applicable charter/party and
recreational rules on separate trips. For
each fishing trip, participating vessels
would be required to fish under the NE
multispecies DAS program to account
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16806
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices
for any incidental groundfish species
that they may catch while fishing for GB
cod. In addition, participating vessels
would be required to call the Sector
Manager prior to leaving port. There
would be no trip limit for GB cod for
participating vessels. All legal-sized cod
caught would be retained and landed
and counted against the Sector’s
aggregate allocation. Participating
vessels would not be allowed to fish
with or have on board gear other than
jigs, non-automated demersal longline,
or handgear. Participating vessels would
be limited to using 4,500 hooks within
the inshore gear restriction area, but
may use an unlimited number of hooks
in the rest of the Sector Area. NE
multispecies DAS used by participating
vessels while conducting fishery
research under an Exempted Fishing
Permit during the 2005 fishing year
would be deducted from that Sector
member’s individual DAS allocation.
Similarly, all GB cod landed by a
participating vessel while conducting
research would count toward the
Sector’s allocation of GB cod TAC.
Participating vessels would be exempt
from the GB Seasonal Closure Area
during the month of May.
The EA prepared for the Sector
operations concludes that the biological
impacts of the Sector will be positive
because the hard TAC and the use of
DAS will provide two means of
restricting both the landings and effort
of the Sector. Implementation of the
Sector would have a positive impact on
essential fish habitat and bycatch by
allowing a maximum number of hook
vessels to remain active in the hook
fishery, rather than converting to (or
leasing DAS to) other gear types that
have greater environmental impacts.
The analysis of economic impacts of the
Sector concludes that Sector members
would realize higher economic returns
if the Sector were implemented. The EA
asserts that fishing in accordance with
the Sector Agreement rules enables
more efficient harvesting of GB cod with
hook gear than would be possible if the
vessels were fishing in accordance with
the common pool (non-Sector) rules.
The social benefits of the Sector would
accrue to both Sector members as well
as the Chatham/Harwichport, MA,
community, which is highly dependent
upon groundfish revenues and is likely
to be negatively affected by the reduced
cod trip limit that was implemented
under Amendment 13. The EA
concludes that the self-governing nature
of the Sector and the development of
rules by the Sector enables stewardship
of the cod resource by Sector members.
The cumulative impacts of the Sector
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17:15 Mar 31, 2005
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are expected to be positive due to a
positive biological impact, neutral
impact on habitat, and a positive social
and economic impact. In contrast, the
cumulative impact of the no action
alternative is estimated to be neutral,
with negative social and economic
impacts.
Should the Regional Administrator
approve the Sector Agreement as
proposed, a Letter of Authorization
would be issued to each member of the
Sector exempting them, conditional
upon their compliance with the Sector
Agreement, from the GB cod possession
restrictions and the requirements of the
Gulf of Maine trip limit exemption
program, limits on the number of hooks,
and the GB Seasonal Closure Area, as
specified in §§ 648.86(b),
648.80(a)(4)(v), and 648.81(g),
respectively.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) require publication of this
notification to provide interested parties
the opportunity to comment on
proposed TAC allocations and plans of
operation of sectors.
Dated: March 29, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E5–1469 Filed 3–31–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 031105C]
International Whaling Commission;
57th Annual Meeting; Announcement
of Public Meeting
National Marine Fisheries
Service (NMFS), NationalOceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: This notice announces the
date and location of the public meeting
being held prior to the 57th annual
International Whaling Commission
(IWC) meeting.
DATES: The public meeting will be held
May 10, 2005, at 1:30 pm.
ADDRESSES: The meeting will be held in
the NOAA Science Center Room, 1301
East West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Cheri McCarty, 301–713–2322,
Extension 114.
PO 00000
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The
Secretary of Commerce is chargedwith
the responsibility of discharging the
obligations of theUnited States under
the International Convention for the
Regulation of Whaling, 1946. The U.S.
Commissioner has primary
responsibility for the preparation and
negotiation of U.S. positions on
international issues concerning whaling
and for all matters involving the IWC.
He is staffed by the Department of
Commerce and assisted by the
Department of State, the Department of
the Interior, Marine Mammal
Commission, and by other agencies.
Once the draft agenda for the annual
IWC meeting is completed, it will be
posted on the IWC Secretariat’s website
at https://www.iwcoffice.org/meetings/
meeting2005.htm.
Each year NOAA holds a meeting
prior to the annual IWC meeting to
discuss the tentative U.S. positions for
the upcoming IWC meeting. Because the
meeting discusses U.S. positions, the
substance of the meeting must be kept
confidential. Any U.S. citizen with an
identifiable interest in U.S. whale
conservation policy may participate, but
NOAA reserves the authority to inquire
about the interests of any person who
appears at a meeting and to determine
the appropriateness of that person’s
participation.
Persons who represent foreign
interests may not attend. These stringent
measures are necessary to protect the
confidentiality of U.S. negotiating
positions and are a necessary basis for
the relatively open process of preparing
for IWC meetings.
The meeting will be held at 1:30 pm
at the NOAA Science Center Room,
1301 East West Highway, Silver Spring,
MD 20910.
SUPPLEMENTARY INFORMATION:
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to the Cheri McCarty,
301–713–2322 by May 2, 2005.
Dated: March 28, 2005.
Laurie K. Allen,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 05–6513 Filed 3–31–05; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Notices]
[Pages 16804-16806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1469]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 031005A]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2005 Georges Bank Cod
Hook Sector Operations Plan and Agreement and Allocation of GB Cod
Total Allowable Catch
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: Amendment 13 to the Northeast (NE) Multispecies Fishery
Management Plan (FMP) (Amendment 13) authorized allocation of up to 20
percent of the annual Georges Bank (GB) cod total allowable catch (TAC)
to the GB Cod Hook Sector (Sector). Pursuant to that authorization, the
Sector has submitted an Operations Plan and Sector Contract entitled,
``Amendment 1 to Georges Bank Cod Hook Sector Operations Plan and
Agreement'' (together referred to as the Sector Agreement), and a
Supplemental Environmental Assessment (EA), and has requested an
allocation of GB cod, consistent with regulations implementing
Amendment 13. This notice provides interested parties an opportunity to
comment on the proposed Sector Agreement prior to final approval or
disapproval of the Sector Operations Plan and allocation of GB cod TAC
to the Sector for the 2005 fishing year.
DATES: Written comments must be received on or before April 18, 2005.
ADDRESSES: Written comments should be sent to Patricia A. Kurkul,
Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn
Drive, Gloucester, MA 01930. Mark the outside of the envelope
``Comments on GB Cod Hook Sector Operations Plan.'' Comments may also
be sent via fax to (978) 281-9135, or submitted via e-mail to:
codsector@NOAA.gov.
Copies of the Sector Agreement and the EA are available from the NE
Regional Office at the mailing address specified above.
FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst,
phone (978) 281-9347, fax (978) 281-9135, e-mail
Thomas.Warren@NOAA.gov.
SUPPLEMENTARY INFORMATION: NMFS announces that the Administrator,
Northeast Region, NMFS (Regional Administrator), has made a preliminary
determination that the Sector Agreement, which contains the Sector
Contract and Operations Plan, is consistent with the goals of the NE
multispecies FMP and other applicable law and is in compliance with the
regulations governing the development and operation of a sector as
specified under 50 CFR 648.87. The final rule implementing Amendment 13
(69 FR 22906, April 27, 2004) specified a process for the formation of
sectors within the NE multispecies fishery and the allocation of TAC
for a specific groundfish species (or Days-at-Sea (DAS)), implemented
restrictions that apply to all sectors, authorized the GB Cod Hook
Sector, established the GB Cod Hook Sector Area (Sector Area), and
specified a formula for the allocation of GB cod TAC to the Sector.
The principal Amendment 13 regulations applying to the Sector
specify that: (1) All vessels with a valid limited access NE
multispecies DAS permit are eligible to participate in the Sector,
provided they have documented landings of GB cod through valid dealer
reports submitted to NMFS of GB cod during the fishing years 1996 to
2001 when fishing with hook gear (i.e., jigs, demersel longline, or
handgear); (2) Membership in the Sector is voluntary, and each member
would be required to remain in the Sector for the entire fishing year
and could not fish outside the NE multispecies DAS program during the
fishing year, unless certain conditions are met; (3) Vessels fishing in
the Sector (participating vessels) would
[[Page 16805]]
be confined to fishing in the Sector Area, which is that portion of the
GB cod stock area north of 39[deg]00' N. lat. and east of 71[deg]40' W.
long; and (4) Participating vessels would be required to comply with
all pertinent Federal fishing regulations, unless specifically exempted
by a Letter of Authorization, and the provisions of an approved
Operations Plan.
While Amendment 13 authorized the Sector, in order for GB cod to be
allocated to the Sector and the Sector authorized to fish, the Sector
must submit an Operations Plan and Sector Contract to the Regional
Administrator annually for approval. The Operations Plan and Sector
Contract must contain certain elements, including a contract signed by
all Sector participants and a plan containing the management rules that
the Sector participants agree to abide by in order to avoid exceeding
the allocated TAC. An additional analysis of the impacts of the
Sector's proposed operations may be required in order to comply with
the National Environmental Policy Act. Further, the public must be
provided an opportunity to comment on the proposed Operations Plan and
Sector Contract. The regulations require that, upon completion of the
public comment period, the Regional Administrator will make a
determination regarding approval of the Sector Contract and Operations
Plan. If approved by the Regional Administrator, participating vessels
would be authorized to fish under the terms of the Operations Plan and
Sector Contract.
The Sector was authorized for fishing year (FY) 2004 and, based
upon the hook gear landings history of its 58 members, was allocated
371 mt of cod, which is 12.587 percent of the total 2004 GB cod TAC.
On March 3, 2005, the Sector Manager submitted to NMFS, Amendment 1
to the 2004 Sector Agreement and a supplemental EA entitled ``The
Georges Bank Cod Hook Sector Operations Plan'' which analyzes the
impacts of the proposed Sector Agreement.
With three substantive exceptions, the proposed 2005 Sector
Agreement contains the same elements as the 2004 Sector Agreement. The
first substantive modification to the 2004 Sector Agreement is the
eligibility criteria for membership. The 2004 eligibility criteria for
membership in the Sector specified issuance of a limited access NE
multispecies DAS permit, and documented landings of GB cod by hook
gear, during the qualifying period. Framework Adjustment 40-B, which is
currently under review by NMFS, proposes to modify the eligibility
criteria for the Sector and the basis upon which the TAC allocation is
determined. If Framework 40-B is approved, the eligibility criteria
will be expanded to include landings of GB cod by all gears (beginning
in 2005), and the TAC allocated to the Sector would be based on the
members' landings of GB cod using any gear rather than being based only
on historic landings of GB cod by hook gear.
The second substantive modification proposed in the 2005 Sector
Agreement is a change to the Penalty Schedule, which proposes more
severe penalties for violations of the time or area restrictions. The
third modification proposed is the removal of the current gear
requirement limiting the number of bundles of hooks in set in the
Sector's inshore gear restriction area (the maximum number of 4,500
hooks is the same).
The Sector Agreement would be overseen by a Board of Directors and
a Sector Manager. The Sector Agreement specifies, in accordance with
Amendment 13, that the Sector's GB cod TAC would be based upon the
number of Sector members and their historic landings of GB cod. The GB
cod TAC is a ``hard'' TAC, meaning that, once the TAC is reached,
Sector vessels could not fish under a DAS, possess or land GB cod or
other regulated species managed under the FMP (regulated species), or
use gear capable of catching groundfish (unless fishing under charter/
party or recreational regulations).
As of March 18, 2005, 52 prospective Sector members had signed the
2005 Sector Contract. Because a new method of TAC calculation could be
implemented under Framework 40-B, two GB cod TAC allocations were
calculated: One based upon historic cod landings by hook gear only
(i.e., when fishing with jigs, demersal longline, or handgear), and a
second allocation based upon landings by all gear. The allocation
percentages were calculated by dividing the sum of total landings of GB
cod by Sector members for the fishing years 1996 through 2001, by the
sum of the total accumulated landings of GB cod harvested by all NE
multispecies vessels for the same time period (113,278,842 lb). The
resulting numbers are 11.32 percent and 11.65 percent, for hook gear
and all gear, respectively. Based upon these 52 prospective Sector
members, the Sector TACs of GB cod would be either 463 mt or 477 mt
(11.32 or 11.65 percent times the fishery-wide GB cod target TAC of
4,090 mt, respectively). The fishery-wide GB cod target TAC of 4,090 mt
is less than the GB cod target TAC specified in Amendment 13 (4,830 mt)
because the 4,830 mt included Canadian catch. That is, the fishery-wide
GB cod target TAC of 4,090 mt was calculated by subtracting the GB cod
TAC specified for Canada under the U.S./Canada Resource Sharing
Understanding for the 2005 fishing year (740 mt), from the overall GB
cod target TAC of 4,830 mt specified in Amendment 13. If prospective
members of the Sector change their minds after the publication of this
notice and prior to a final decision by the Regional Administrator, it
is possible that the total number of participants in the Sector and the
TAC for the Sector may be slightly reduced from the numbers above.
The Sector Agreement contains procedures for the enforcement of the
Sector rules, a schedule of penalties, and provides the authority to
the Sector Manager to issue stop fishing orders to members of the
Sector. Participating vessels would be required to land fish only in
designated landing ports and would be required to provide the Sector
Manager with a copy of the Vessel Trip Report (VTR) within 48 hours of
offloading. Dealers purchasing fish from participating vessels would be
required to provide the Sector Manager with a copy of the dealer report
on a weekly basis. On a monthly basis, the Sector Manager would
transmit to NMFS a copy of the VTRs and the aggregate catch information
from these reports. After 90 percent of the Sector's allocation has
been harvested, the Sector Manager would be required to provide NMFS
with aggregate reports on a weekly basis. A total of 1/12 of the
Sector's GB cod TAC, minus a reserve, would be allocated to each month
of the fishing year. GB cod quota that is not landed during a given
month would be rolled over into the following month. Once the aggregate
monthly quota of GB cod is reached, for the remainder of the month,
participating vessels could not fish under a NE multispecies DAS,
possess or land GB cod or other regulated species, or use gear capable
of catching regulated NE multispecies. Once the annual TAC of GB cod is
reached, Sector members could not fish under a NE multispecies DAS,
possess or land GB cod or other regulated species, or use gear capable
of catching regulated NE multispecies for the rest of the fishing year.
The harvest rules would not preclude vessels from fishing under the
charter/party or recreational regulations, provided the vessel fishes
under the applicable charter/party and recreational rules on separate
trips. For each fishing trip, participating vessels would be required
to fish under the NE multispecies DAS program to account
[[Page 16806]]
for any incidental groundfish species that they may catch while fishing
for GB cod. In addition, participating vessels would be required to
call the Sector Manager prior to leaving port. There would be no trip
limit for GB cod for participating vessels. All legal-sized cod caught
would be retained and landed and counted against the Sector's aggregate
allocation. Participating vessels would not be allowed to fish with or
have on board gear other than jigs, non-automated demersal longline, or
handgear. Participating vessels would be limited to using 4,500 hooks
within the inshore gear restriction area, but may use an unlimited
number of hooks in the rest of the Sector Area. NE multispecies DAS
used by participating vessels while conducting fishery research under
an Exempted Fishing Permit during the 2005 fishing year would be
deducted from that Sector member's individual DAS allocation.
Similarly, all GB cod landed by a participating vessel while conducting
research would count toward the Sector's allocation of GB cod TAC.
Participating vessels would be exempt from the GB Seasonal Closure Area
during the month of May.
The EA prepared for the Sector operations concludes that the
biological impacts of the Sector will be positive because the hard TAC
and the use of DAS will provide two means of restricting both the
landings and effort of the Sector. Implementation of the Sector would
have a positive impact on essential fish habitat and bycatch by
allowing a maximum number of hook vessels to remain active in the hook
fishery, rather than converting to (or leasing DAS to) other gear types
that have greater environmental impacts. The analysis of economic
impacts of the Sector concludes that Sector members would realize
higher economic returns if the Sector were implemented. The EA asserts
that fishing in accordance with the Sector Agreement rules enables more
efficient harvesting of GB cod with hook gear than would be possible if
the vessels were fishing in accordance with the common pool (non-
Sector) rules. The social benefits of the Sector would accrue to both
Sector members as well as the Chatham/Harwichport, MA, community, which
is highly dependent upon groundfish revenues and is likely to be
negatively affected by the reduced cod trip limit that was implemented
under Amendment 13. The EA concludes that the self-governing nature of
the Sector and the development of rules by the Sector enables
stewardship of the cod resource by Sector members. The cumulative
impacts of the Sector are expected to be positive due to a positive
biological impact, neutral impact on habitat, and a positive social and
economic impact. In contrast, the cumulative impact of the no action
alternative is estimated to be neutral, with negative social and
economic impacts.
Should the Regional Administrator approve the Sector Agreement as
proposed, a Letter of Authorization would be issued to each member of
the Sector exempting them, conditional upon their compliance with the
Sector Agreement, from the GB cod possession restrictions and the
requirements of the Gulf of Maine trip limit exemption program, limits
on the number of hooks, and the GB Seasonal Closure Area, as specified
in Sec. Sec. 648.86(b), 648.80(a)(4)(v), and 648.81(g), respectively.
Regulations under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) require publication of this
notification to provide interested parties the opportunity to comment
on proposed TAC allocations and plans of operation of sectors.
Dated: March 29, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E5-1469 Filed 3-31-05; 8:45 am]
BILLING CODE 3510-22-S
