Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2006 Georges Bank Cod Hook Sector Operations Plan and Agreement and Allocation of Georges Bank Cod Total Allowable Catch, 16122-16125 [E6-4664]
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16122
Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Notices
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effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before May 30, 2006.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Amy Sloan, (301) 713–2289
or Amy.Sloan@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Marine Mammal Protection Act
(MMPA), Fur Seal Act (FSA), and
Endangered Species Act (ESA) prohibit
certain actions affecting marine
mammals and endangered and
threatened species, with exceptions.
Permits can be obtained for scientific
research, enhancing the survival or
recovery of a species or stock,
commercial and educational
photography, and import and capture
for public display; authorizations can be
obtained for scientific research that
involves minimal disturbance. The
applicants desiring a permit or
authorization must provide certain
information in order for the National
Marine Fisheries Service to determine
whether a proposed activity is
consistent with the purposes, policies,
and requirements of these laws, and that
the activity is in the best interest of the
protected species and the public. The
permit holders and authorized
researchers must report on activities
conducted to ensure compliance with
permit conditions and protection of the
animals. Holders of captive marine
mammals must report changes to their
animal inventory.
Scientific research and enhancement
permit applications for non-salmonid
endangered and threatened species
previously submitted under OMB No.
0648–0402, will be combined with
permit applications for marine
mammals in order to streamline the
process for requesting takes of multiple
species and to accommodate an online
application system currently in
development. The regulations
implementing permit, authorization,
and inventory requirements under the
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MMPA and FSA are at 50 CFR part 216;
the regulations for permit requirements
under the ESA are at 50 CFR part 222.
The respondents will be researchers,
photographers, and other members of
the public seeking exceptions to
prohibited activities on marine
mammals and endangered and
threatened species, excluding
salmonids, through permits or
authorizations for purposes described
above; and holders of marine mammals
in captivity.
II. Method of Collection
Permit and authorization application
materials and reports are paper and in
some cases, electronic, and are written
to respond to a required format.
Inventory materials and reports are
paper forms. Methods of submittal
include mail, facsimile transmission,
and electronic submission.
III. Data
OMB Number: 0648–0084.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Individuals or
households; not-for-profit institutions;
business or other for-profit
organizations; Federal Government; and
State, Local, or Tribal Government.
Estimated Number of Respondents:
518.
Estimated Time Per Response: 32
hours for an application for a scientific
research or enhancement permit; 20
hours for an application for a public
display permit; 10 hours for an
application for a photography permit or
a General Authorization; 20 hours for a
major amendment or modification to a
permit; 3 hours for a minor amendment
or modification to a permit or for a
change to a General Authorization; 12
hours for a scientific research or
enhancement permit report; 8 hours for
a General Authorization report; 2 hours
for public display or photography
permit report; 2 hours for a request to
retain or transfer a rehabilitated marine
mammal; 2 hours for a marine mammal
inventory (1 hour for a transport
notification; 30 minutes each for a data
sheet and a person/holder/facility
sheet); and 2 hours for recordkeeping.
Estimated Total Annual Burden
Hours: 6,678.
Estimated Total Annual Cost to
Public: $1,700.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
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agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: March 24, 2006.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E6–4614 Filed 3–29–06; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 032706B]
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2006 Georges Bank Cod Hook
Sector Operations Plan and Agreement
and Allocation of Georges Bank 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 2
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
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GB cod TAC to the Sector for the 2006
fishing year (FY).
DATES: Written comments must be
received on or before April 14, 2006.
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 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 FY 1996 through 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
be confined to fishing in the Sector
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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 FY
2005 and, based upon the GB cod
landings history of its 49 members, was
allocated 455 mt of cod, which is 11.12
percent of the total FY 2005 GB cod
TAC.
On March 8, 2006, the Sector Manager
submitted to NMFS Amendment 2 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 2006 Sector Agreement
contains the same elements as the 2005
Sector Agreement. The first
modification to the 2005 Sector
Agreement is an exemption from the
differential DAS requirements proposed
in both the Secretarial emergency action
(71 FR 11060, March 3, 2006) and
Framework Adjustment (FW) 42, which
has been approved by the New England
Fishery Management Council, but not
yet proposed through Federal Register
publication. If approved,
implementation of the emergency action
is expected to occur in time for the start
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16123
of the May 1, 2006, fishing year,
followed by FW 42 in mid-summer
2006. Under the Sector Agreement,
Sector vessels would be subject to the
following trip limits during FY 2006: A
100–lb (45.4–kg) trip limit for Cape Cod,
GB, and Southern New England (SNE)/
Mid-Atlantic (MA) yellowtail flounder;
a 2,000–lb (907.2–kg) GB winter
flounder trip limit; and a 1,000–lb
(453.6–kg)/DAS white hake trip limit.
These trip limits are more restrictive or,
in the case of white hake, comparable,
to the trip limits proposed under FW 42
and, therefore, substitute for differential
DAS accounting under both the
proposed Secretarial emergency action
and FW 42. The proposed FW 42
differential DAS areas within inshore
GOM and the SNE/MA Regulated Mesh
Area are proposed primarily to protect
yellowtail flounder and, in the case of
GOM, cod. Because Sector vessels are
subject to a hard cod TAC, and because
they catch very little yellowtail flounder
(a total of 7 lb (3.2 kg) of yellowtail
flounder was landed by Sector vessels
in FY 2004), an exemption from
differential DAS counting would not
compromise the FMP fishing mortality
objectives for these stocks of concern.
The second modification proposed in
the 2006 Sector Agreement is an
exemption from the 72–hr observer
notification requirement when fishing
under an A DAS in the Western U.S./
Canada Area. Vessels are currently
required to notify the Observer Program
72 hr prior to leaving the dock when
intending to fish under a NE
multispecies DAS in the U.S./Canada
Management Area. This measure was
implemented under Amendment 13 in
order to help monitor the hard TACs for
the U.S./Canada shared stocks of GB
cod, haddock, and yellowtail flounder.
All three of these stocks are shared in
the Eastern U.S./Canada Area; however,
only GB yellowtail flounder is shared in
the Western U.S./Canada Area.
Therefore, because Sector vessels catch
virtually no yellowtail flounder, the
Sector Agreement proposes to exempt
Sector vessels from the 72–hr
notification requirement in the Western
U.S./Canada Area. This exemption
would not impact the ability of NMFS
to monitor the U.S./Canada GB
yellowtail flounder TAC.
The third modification proposed in
the 2006 Sector Agreement is an
exemption from the DAS Leasing
Program vessel size restrictions. Under
the current DAS Leasing Program,
vessels may only lease DAS to a lessee
vessel with a baseline engine
horsepower rating that is no more than
20 percent greater, and a baseline length
overall (LOA) that is no more than 10
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percent greater, than the baseline engine
horsepower and the LOA, respectively,
of the lessor vessel. Under the Sector
Agreement, Sector vessels would be
allowed to lease DAS to other Sector
vessels without being subject to these
vessel size restrictions. This exemption
is not expected to increase effort within
the Sector, since the size of the vessel
is not the limiting factor with respect to
the number of hooks that can be fished
on board each vessel. Rather, the
limiting factor to the number of hooks
that can be fished is the tidal flow
velocity between tides when vessels set
and retrieve hooks. Because Sector
vessels are currently constrained to
leasing DAS only to the small pool of
vessels within the Sector (50 vessels as
indicated in the 2006 Sector
Agreement), this exemption would
provide additional flexibility while not
compromising conservation objectives.
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 8, 2005, 50 prospective
Sector members had signed the 2006
Sector Contract. The GB cod TAC
calculation is based upon the historic
cod landings of the participating Sector
vessels, using all gear. The allocation
percentage is calculated by dividing the
sum of total landings of GB cod by
Sector members for the FY 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
(51,383.9 mt)). The resulting number is
11.53 percent. Based upon these 50
prospective Sector members, the Sector
TAC of GB cod would be 707 mt (11.53
percent times the fishery-wide GB cod
target TAC of 6,132 mt, respectively).
The fishery-wide GB cod target TAC of
6,132 mt is less than the GB cod target
TAC proposed for 2006 (7,458 mt)
because the 7,458 mt includes Canadian
catch. That is, the fishery-wide GB cod
target TAC of 6,132 mt was calculated
by subtracting the GB cod TAC specified
for Canada under the U.S./Canada
Resource Sharing Understanding for FY
2006 (1,326 mt), from the overall GB cod
target TAC of 7,458 mt proposed by the
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Council for FY 2006 (71 FR 12665,
March 13, 2006). 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 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
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
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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, and could use an unlimited
number of hooks in the Sector Area. NE
multispecies DAS used by participating
vessels while conducting fishery
research under an Exempted Fishing
Permit during the FY 2006 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 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 (EFH) 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 impacts on EFH. 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 Sector members as well as the
Chatham/Harwichport, MA,
community, which is highly dependent
upon groundfish revenues. 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
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restrictions and the requirements of the
GOM trip limit exemption program,
limits on the number of hooks, the GB
Seasonal Closure Area, the 72–hr
observer notification requirement, the
DAS Leasing Program vessel size
restrictions, and proposed differential
DAS requirements as specified in
§ 648.86(b), 648.80(a)(4)(v), 648.81(g),
648.85(a)(3)(ii)(C), 648.82(k)(4)(ix), and
648.82, respectively.
Regulations under the MagnusonStevens Fishery Conservation and
Management 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 24, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–4664 Filed 3–29–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No.: 060313063–6063–01; I.D.
032206B]
Financial Assistance To Administer
NOAA’s Faculty and Student Intern
Research Program and Notice of
Availability of Funds and Solicitation
for Proposals for These Funds
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of criteria to administer
the NOAA Faculty and Student Intern
Research; notice of availability of funds;
solicitation for funding proposals.
AGENCY:
The purpose of this document
is to advise the public that NOAA’s
Office of Civil Rights is soliciting
proposals from non-profit organizations
to design and provide administrative
services for NOAA-sponsored
internship program aimed at providing
training, educational, and research
opportunities to faculty, as well as
graduate and undergraduate students
pursuing degrees related to NOAA’s
mission. NOAA is seeking applicants
with the capacity to design and
implement a program that will improve
NOAA’s outreach and recruitment
efforts of underrepresented individuals
in the scientific mission-related
occupational fields, i.e., fishery biology,
environmental law, meteorology,
cartography, oceanography, hydrology,
computer science, ecology,
environmental economics, and
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engineering. When implemented, the
program will provide both student and
faculty member participants with
stipends, housing assistance, and
limited travel expenses. Applicants to
design and implement the program must
demonstrate a focused and effective
outreach and recruitment strategy
targeting minority serving institutions
and others. It is expected that
approximately $250,000 to $300,000
annually will be available for the
project.
DATES: Proposals are due to NOAA by
5 p.m., EST, 15 days after date of
publication of this document in the
Federal Register.
ADDRESSES: It is strongly encouraged
that applications submitted in response
to this announcement are submitted
through the Grants.gov Web site.
Electronic access to the Full Funding
Opportunity Announcement for this
program is available via the Grants.gov
Web site: https://www.grants.gov.
Applicants must comply with all
requirements contained in the Full
Funding Opportunity Announcement.
Paper applications (a signed original
and two copies) may also be submitted
to the following address: NOAA Civil
Rights Office/OFA51,1305 East West
Highway, Room 12222, Silver Spring,
MD 20910. No facsimile or electronic
mail applications will be accepted.
FOR FURTHER INFORMATION CONTACT:
Victoria G. Dancy, (301) 713–0500, ext.
136.
SUPPLEMENTARY INFORMATION: NOAA is
committed to recruiting and retaining
individuals from underrepresented
communities as part of its workforce.
With such a limited pool of potential
minority employees trained in NOAArelated sciences, it is important that
NOAA seek new ways to make students
aware of the mission of the agency and
to support activities that increase
opportunities to attract highly qualified
faculty members and college students
pursuing degrees or who have obtained
degrees in NOAA-related sciences.
Since approximately 40 percent of
minority students receive their
undergraduate degrees at Minority
Serving Institutions (MSIs), targeted
recruitment efforts at MSIs are an
effective way to increase the number of
students from underrepresented
communities trained and graduated in
NOAA related sciences. For the
purposes of this announcement, MSIs
are defined as Historically Black
Colleges and Universities, Hispanic
Serving Institutions, Tribal Colleges and
Universities, Alaska Native and Native
Hawaiian Serving Institutions as
defined by the Department of Education
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16125
2004 list https://www.ed.gov/about/
offices/list/ocr/minorityinst2004.pdf.
The NOAA Faculty and Student
Intern Research Program will be a
competitive program designed to
provide opportunities to participate in
hands-on research, education, and
training activities in NOAA-related
sciences. The program must be designed
to improve NOAA’s outreach and
recruitment efforts toward
underrepresented individuals in the
scientific mission-related occupational
fields, i.e., fishery biology,
environmental law, meteorology,
cartography, oceanography, hydrology,
computer science, ecology,
environmental economics, and
engineering. The program will aim to
introduce or reintroduce these NOAArelated sciences to the universities and
colleges and integrate them into
campus-based instruction and research
programs. Program activities include
summer and academic year internships
at NOAA facilities. Faculty stipends
will be based on faculty members’
regular university salaries. NOAA
scientists will be assigned as mentors to
participants during the internship
period. Participants in the program,
both students and faculty members,
must be U.S. citizens. Faculty
participants must be full-time faculty
employed at a U.S. college or university
and must hold a degree in the life or
physical sciences or engineering.
Faculty participants must have research
interests in areas related to NOAA’s
mission. Undergraduate and graduate
participants in the program must be
enrolled in a U.S. college or university
and be pursuing a degree in a science
or engineering discipline related to
NOAA’s mission.
Electronic Access
Applicants can access, download and
submit electronic grant applications,
including the Full Funding Opportunity
Announcement, for NOAA programs at
the Grants.gov Web site: https://
www.grants.gov or by contacting the
program official identified above. The
closing date will be the same as for
paper submissions noted in this
announcement. NOAA strongly
recommends that Applicants do not
wait until the application deadline date
to begin the application process through
Grants.gov. If Internet access is
unavailable, hard copies of proposals
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E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Notices]
[Pages 16122-16125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4664]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032706B]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2006 Georges Bank Cod
Hook Sector Operations Plan and Agreement and Allocation of Georges
Bank Cod Total Allowable Catch
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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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 2 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
[[Page 16123]]
GB cod TAC to the Sector for the 2006 fishing year (FY).
DATES: Written comments must be received on or before April 14, 2006.
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 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 FY 1996 through 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 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 FY 2005 and, based upon the GB cod
landings history of its 49 members, was allocated 455 mt of cod, which
is 11.12 percent of the total FY 2005 GB cod TAC.
On March 8, 2006, the Sector Manager submitted to NMFS Amendment 2
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 2006 Sector
Agreement contains the same elements as the 2005 Sector Agreement. The
first modification to the 2005 Sector Agreement is an exemption from
the differential DAS requirements proposed in both the Secretarial
emergency action (71 FR 11060, March 3, 2006) and Framework Adjustment
(FW) 42, which has been approved by the New England Fishery Management
Council, but not yet proposed through Federal Register publication. If
approved, implementation of the emergency action is expected to occur
in time for the start of the May 1, 2006, fishing year, followed by FW
42 in mid-summer 2006. Under the Sector Agreement, Sector vessels would
be subject to the following trip limits during FY 2006: A 100-lb (45.4-
kg) trip limit for Cape Cod, GB, and Southern New England (SNE)/Mid-
Atlantic (MA) yellowtail flounder; a 2,000-lb (907.2-kg) GB winter
flounder trip limit; and a 1,000-lb (453.6-kg)/DAS white hake trip
limit. These trip limits are more restrictive or, in the case of white
hake, comparable, to the trip limits proposed under FW 42 and,
therefore, substitute for differential DAS accounting under both the
proposed Secretarial emergency action and FW 42. The proposed FW 42
differential DAS areas within inshore GOM and the SNE/MA Regulated Mesh
Area are proposed primarily to protect yellowtail flounder and, in the
case of GOM, cod. Because Sector vessels are subject to a hard cod TAC,
and because they catch very little yellowtail flounder (a total of 7 lb
(3.2 kg) of yellowtail flounder was landed by Sector vessels in FY
2004), an exemption from differential DAS counting would not compromise
the FMP fishing mortality objectives for these stocks of concern.
The second modification proposed in the 2006 Sector Agreement is an
exemption from the 72-hr observer notification requirement when fishing
under an A DAS in the Western U.S./Canada Area. Vessels are currently
required to notify the Observer Program 72 hr prior to leaving the dock
when intending to fish under a NE multispecies DAS in the U.S./Canada
Management Area. This measure was implemented under Amendment 13 in
order to help monitor the hard TACs for the U.S./Canada shared stocks
of GB cod, haddock, and yellowtail flounder. All three of these stocks
are shared in the Eastern U.S./Canada Area; however, only GB yellowtail
flounder is shared in the Western U.S./Canada Area. Therefore, because
Sector vessels catch virtually no yellowtail flounder, the Sector
Agreement proposes to exempt Sector vessels from the 72-hr notification
requirement in the Western U.S./Canada Area. This exemption would not
impact the ability of NMFS to monitor the U.S./Canada GB yellowtail
flounder TAC.
The third modification proposed in the 2006 Sector Agreement is an
exemption from the DAS Leasing Program vessel size restrictions. Under
the current DAS Leasing Program, vessels may only lease DAS to a lessee
vessel with a baseline engine horsepower rating that is no more than 20
percent greater, and a baseline length overall (LOA) that is no more
than 10
[[Page 16124]]
percent greater, than the baseline engine horsepower and the LOA,
respectively, of the lessor vessel. Under the Sector Agreement, Sector
vessels would be allowed to lease DAS to other Sector vessels without
being subject to these vessel size restrictions. This exemption is not
expected to increase effort within the Sector, since the size of the
vessel is not the limiting factor with respect to the number of hooks
that can be fished on board each vessel. Rather, the limiting factor to
the number of hooks that can be fished is the tidal flow velocity
between tides when vessels set and retrieve hooks. Because Sector
vessels are currently constrained to leasing DAS only to the small pool
of vessels within the Sector (50 vessels as indicated in the 2006
Sector Agreement), this exemption would provide additional flexibility
while not compromising conservation objectives.
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 8, 2005, 50 prospective Sector members had signed the
2006 Sector Contract. The GB cod TAC calculation is based upon the
historic cod landings of the participating Sector vessels, using all
gear. The allocation percentage is calculated by dividing the sum of
total landings of GB cod by Sector members for the FY 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
(51,383.9 mt)). The resulting number is 11.53 percent. Based upon these
50 prospective Sector members, the Sector TAC of GB cod would be 707 mt
(11.53 percent times the fishery-wide GB cod target TAC of 6,132 mt,
respectively). The fishery-wide GB cod target TAC of 6,132 mt is less
than the GB cod target TAC proposed for 2006 (7,458 mt) because the
7,458 mt includes Canadian catch. That is, the fishery-wide GB cod
target TAC of 6,132 mt was calculated by subtracting the GB cod TAC
specified for Canada under the U.S./Canada Resource Sharing
Understanding for FY 2006 (1,326 mt), from the overall GB cod target
TAC of 7,458 mt proposed by the Council for FY 2006 (71 FR 12665, March
13, 2006). 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 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 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, and could use an unlimited number of hooks in the Sector
Area. NE multispecies DAS used by participating vessels while
conducting fishery research under an Exempted Fishing Permit during the
FY 2006 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 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 (EFH) 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 impacts on EFH. 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 Sector members
as well as the Chatham/Harwichport, MA, community, which is highly
dependent upon groundfish revenues. 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
[[Page 16125]]
restrictions and the requirements of the GOM trip limit exemption
program, limits on the number of hooks, the GB Seasonal Closure Area,
the 72-hr observer notification requirement, the DAS Leasing Program
vessel size restrictions, and proposed differential DAS requirements as
specified in Sec. 648.86(b), 648.80(a)(4)(v), 648.81(g),
648.85(a)(3)(ii)(C), 648.82(k)(4)(ix), and 648.82, respectively.
Regulations under the Magnuson-Stevens Fishery Conservation and
Management 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 24, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-4664 Filed 3-29-06; 8:45 am]
BILLING CODE 3510-22-S
