Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2007 Georges Bank Cod Fixed Gear Sector Operations Plan and Agreement and Allocation of Georges Bank Cod Total Allowable Catch, 18937-18940 [07-1882]
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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
Technical Standards
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 33 CFR 1.05–1(g),
6.04–1, 6.04–6, and 160.5; Pub. L. 107–295,
116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
cprice-sewell on PROD1PC66 with PROPOSALS
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.1D and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have made a preliminary
determination that there are no factors
in this case that would limit the use of
a categorical exclusion under 2.B.2 of
the Instruction. Therefore, we believe
that this rule is categorically excluded,
under figure 2–1, paragraph (34)(g) of
the Instruction, from further
environmental documentation. This rule
fits the category selected from paragraph
(34) (g), as it would establish a safety
zone. A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether this rule
should be categorically excluded from
further environmental review.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
2. Add temporary § 165.T01–002 to
read as follows:
§ 165.T01–002 Safety Zone: Town of
Weymouth Fourth of July Celebration
Fireworks—Weymouth, Massachusetts.
(a) Location. The following area is a
safety zone: All navigable waters of the
Weymouth Fore River within a 500 yard
radius of the fireworks launch barge
located at approximate position 42° 15.2
N, 070° 56.7 W.
(b) Effective Date. This section is
effective from 8:30 p.m. EDT on June 30,
2007 until 11:15 p.m. EDT on June 30,
2007, with a rain date of July 1, 2007.
(c) Definitions. (1) As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP).
(2) [Reserved]
(d) Regulations. (1) In accordance
with the general regulations in section
165.23 of this part, entry into or
movement within this zone is
prohibited unless authorized by the
Captain of the Port Boston or the
designated representative.
(2) All vessel operators shall comply
with the instructions of the COTP or the
designated representative.
Dated: April 5, 2007.
J.L. McDonald,
Captain, U.S. Coast Guard, Captain of the
Port, Boston, Massachusetts.
[FR Doc. E7–7189 Filed 4–13–07; 8:45 am]
BILLING CODE 4910–15–P
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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18937
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070321063–7063–01; I.D.
031607E]
RIN 0648–AV22
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2007 Georges Bank Cod Fixed
Gear 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: Proposed rule; request for
comments.
AGENCY:
SUMMARY: Framework Adjustment (FW)
42 to the Northeast (NE) Multispecies
Fishery Management Plan (FMP) created
the Georges Bank (GB) Cod Fixed Gear
Sector (Fixed Gear Sector) and
authorized allocation of up to 20
percent of the annual GB cod total
allowable catch (TAC) to the Fixed Gear
Sector. Pursuant to that authorization, a
representative of the Fixed Gear Sector
has submitted an Operations Plan,
Sector Agreement (Contract) and
requested an allocation of GB cod to the
Fixed Gear Sector for fishing year 2007
(FY 2007). A Supplemental
Environmental Assessment (EA) has
also been prepared. This document
provides interested parties an
opportunity to comment on the
proposed Sector Operations Plan and
EA prior to final approval or
disapproval of the Sector Operations
Plan and allocation of GB cod TAC to
the Fixed Gear Sector for FY 2007.
DATES: Written comments must be
received on or before May 1, 2007.
ADDRESSES: You may submit written
comments by any of the following
methods:
• Mail: Paper, disk, or CD-ROM
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 Fixed Gear Sector 2007
Operations Plan.’’
• Fax: (978) 281–9135.
• E-mail:
2007FixedGearSector@NOAA.gov.
• Federal e-Rulemaking Portal: https://
www.regulations.gov.
Copies of the Sector Agreement and
the EA are available from the NE
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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules
Regional Office at the mailing address
specified above. Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
the proposed rule may be submitted to
the address above or by e-mail to DavidRostker@omb.eop.gov, or fax to (202)
395–7285.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Fishery Management
Specialist, phone (978) 281–9145, fax
(978) 281–9135, e-mail
Mark.Grant@NOAA.gov.
SUPPLEMENTARY INFORMATION: The
Regional Administrator has made a
preliminary determination that the
Fixed Gear Sector Contract and
Operations Plan is consistent with the
goals of the FMP and 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 specific
groundfish species (or days-at-sea
(DAS)), implemented restrictions that
apply to all sectors, and authorized the
first sector of the FMP (GB Cod Hook
Sector).
FW 42 (71 FR 62156, October 23,
2006) established the Fixed Gear Sector.
The FW 42 regulations that apply to the
Fixed Gear Sector specify that: (1) all
vessels with a valid limited access NE
multispecies DAS permit are eligible to
participate in the Fixed Gear Sector,
provided they have documented
landings of GB cod through valid dealer
reports submitted to NMFS during FY
1996 through 2001 (regardless of gear
fished); (2) membership in the Fixed
Gear Sector is voluntary, and each
member must remain in the Fixed Gear
Sector for the entire fishing year and
may not fish outside the NE
multispecies DAS program during the
fishing year, unless certain conditions
are met; (3) vessels fishing in the Fixed
Gear Sector (participating vessels) are
confined to fishing in the GB Cod Hook
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 must comply with
all pertinent Federal fishing regulations,
unless specifically exempted by a Letter
of Authorization, and the provisions of
an approved Operations Plan.
Although FW 42 established the Fixed
Gear Sector, in order for GB cod to be
allocated to the Fixed Gear Sector and
the Fixed Gear Sector authorized to fish,
the Fixed Gear Sector must submit an
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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 Fixed Gear Sector participants and a
plan containing the management rules
that the Fixed Gear Sector participants
agree to abide by in order to avoid
exceeding the allocated TAC. An
additional analysis of the impacts of the
Fixed Gear 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 Fixed Gear Sector submitted an
initial version of the Operations Plan
and Sector Contract to NMFS on January
22, 2007. The Fixed Gear Sector
subsequently submitted additional
iterations of the Operations Plan to
clarify the Operations Plan and refine
the analyses, with a final submission
date of March 7, 2007. A Supplemental
Environmental Assessment was also
prepared.
The Fixed Gear Sector would be
overseen by a Board of Directors and a
Sector Manager. The Sector Contract
specifies, in accordance with
Amendment 13, that the Sector’s GB cod
TAC would be based upon the number
of Fixed Gear Sector members and their
historic landings of GB cod. The GB cod
TAC is a ‘‘hard’’ TAC, meaning that,
once the TAC is reached, Fixed Gear
Sector vessels could not fish under a NE
multispecies 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).
The proposed 2007 Operations Plan
proposes exemption from the following
restrictions of the FMP: GB cod trip
limit, the GB Seasonal Closure Area
(when fishing with hook gear), the
3,600–hook limit for longline gear in the
GB Regulated Mesh Area (RMA), and
the 2,000–hook limit in the Gulf of
Maine (GOM) and Southern New
England (SNE) RMAs. Justification for
the proposed exemptions and analysis
of the potential impacts of the
Operations Plan are contained in the
EA. A Regulatory Impact Review/Initial
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Regulatory Flexibility Analysis (IRFA) is
summarized in the Classification section
of this proposed rule.
As of March 7, 2007, 19 prospective
Fixed Gear Sector members had signed
the 2007 Sector Contract. The GB cod
TAC calculation is based upon the
historic GB cod landings of the
participating vessels, using all gear. The
allocation percentage is calculated by
dividing the sum of total landings of GB
cod by Sector members for 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 (12,119,410 lb
(5,497 mt)/113,278,842 lb (51,382.4
mt)). The resulting number is 900 mt, or
10.70 percent of the proposed fisherywide GB cod target TAC of 8,416 mt. If
prospective members of the Fixed Gear
Sector change their minds about
participating in the Fixed Gear Sector
after the publication of this proposed
rule 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, but no additional members may
join the Fixed Gear Sector for FY 2007
fishing year.
The Sector Contract contains
procedures for the enforcement of the
Operations Plan, a schedule of
penalties, and provides the authority to
the Fixed Gear Sector Manager to issue
stop fishing orders to members of the
Fixed Gear Sector. Participating vessels
would be required to land fish only in
designated landing ports and would be
required to provide the Fixed Gear
Sector Manager with a copy of the
Vessel Trip Report (VTR) within 48 hrs
of offloading. Dealers purchasing fish
from participating vessels would be
required to provide the Fixed Gear
Sector Manager with a copy of the
dealer report on a weekly basis. On a
monthly basis, the Fixed Gear Sector
Manager would transmit to NMFS
aggregate catch data from dealer slips
and aggregate discard data from the
VTRs. After 90 percent of the Fixed Gear
Sector’s allocation has been harvested,
the Fixed Gear Sector Manager would be
required to provide NMFS with
aggregate reports on a weekly basis. A
total of 1/12 of the Fixed Gear 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 may not fish under
a NE multispecies DAS, possess or land
GB cod or other regulated species, or
E:\FR\FM\16APP1.SGM
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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules
use gear capable of catching regulated
NE multispecies. 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 regulations
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. All legal-sized cod caught
would be retained and landed and
counted against the Fixed Gear 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,
handgear, or sink gillnets. Participating
Fixed Gear Sector vessels fishing with
hook gear could use an unlimited
number of hooks in the Sector Area and
would be exempt from the GB Seasonal
Closure Area during May.
The EA prepared for the Fixed Gear
Sector operations concludes that the
biological impacts of the Fixed Gear
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 Fixed Gear
Sector. Implementation would have a
positive impact of essential fish habitat
(EFH) and bycatch by allowing a
maximum number of hook and gillnet
vessels to remain active in those
fisheries, rather than converting to (or
leasing DAS to) other gear types that
have greater impacts on EFH. The
analysis of economic impacts of the
Fixed Gear Sector concludes that the
members would realize higher economic
returns if the Fixed Gear Sector is
implemented. The EA asserts that
fishing in accordance with the Sector
Contract rules enables more efficient
harvesting of GB cod with hook and
gillnet gear than would be possible if
the vessels were fishing in accordance
with the common pool (non-sector)
rules. The social benefits of the Fixed
Gear Sector would accrue to members as
well as the Chatham and Harwichport,
MA, communities, which are more
dependent upon groundfish revenues
than other communities. The
supplemental EA concludes that the
self-governing nature of the Fixed Gear
Sector and the development of rules by
the members enables stewardship of the
cod resource by the Fixed Gear Sector.
The cumulative impacts of the Fixed
Gear Sector are expected to be positive
due to a positive biological impact,
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15:22 Apr 13, 2007
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positive 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 Contract as
proposed, a Letter of Authorization
would be issued to each member of the
Fixed Gear Sector exempting them,
conditional upon their compliance with
the Sector Contract, from the GB cod
possession restrictions, the 3,600–hook
limit in the GB RMA, the 2,000–hook
limit in the GOM and SNE RMAs and
the GB Seasonal Closure Area when
using hook gear, as specified in
§§ 658.86(b)(2), 648.80(a)(4)(v),
648.80(a)(3)(v), 648.80(b)(2)(v) and
648.81(g), respectively.
Classification
This proposed rule has been
determined to be not significant for the
purposes of Executive Order (E.O.)
12866.
This proposed rule does not contain
policies with federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
An IRFA was prepared, as required by
section 603 of the Regulatory Flexibility
Act. Below is a summary of the IRFA,
which describes the economic impact
this proposed rule, if adopted, would
have on small entities. A description of
the action, why it is being considered,
and the legal basis for this action are
contained in the preamble to this
proposed rule and in sections 1.0 and
2.0 of the EA prepared for this action.
The Small Business Administration size
standard for small commercial fishing
entities is $4 million in average annual
receipts, and the size standard for small
charter/party operators is $6.5 million
in average annual receipts. While an
entity may own multiple vessels,
available data make it difficult to
determine which vessels may be
controlled by a single entity. For this
reason, each vessel is treated as a single
entity for purposes of size determination
and impact assessment. All permitted
and participating vessels in the
groundfish fishery, including
prospective Fixed Gear Sector members,
are considered to be small entities
because gross sales by any one entity
(vessel) do not exceed this threshold.
The number of prospective participants
in the Fixed Gear Sector is 19,
substantially less than the total number
of active vessels in the groundfish
fishery. Only these 19 vessels would be
subject to the regulatory exemptions and
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18939
operational restrictions proposed for the
Fixed Gear Sector for FY 2007.
Economic Impacts of the Proposed
Action
The proposed alternative would
allocate a GB cod TAC of 900 mt to the
Fixed Gear Sector. Once the GB cod
TAC is harvested, participating vessels
would not be allowed to fish under a NE
multispecies DAS, possess or land GB
cod, or other regulated species managed
under the NE multispecies FMP, or use
gear capable of catching groundfish
(unless fishing under recreational or
charter/party regulations). Vessels
intending to fish in the Fixed Gear
Sector during the 2007 fishing year may
only fish with hook gear or gillnet gear
and may not fish for NE multispecies
under a NE multispecies DAS during
the 2007 fishing year until the Sector
Operations Plan is approved. Under the
proposed Operations Plan, members
would be exempt from several
restrictions of the FMP described in the
preamble to this proposed rule and in
the EA.
The fixed gear fishermen and the
Chatham and Harwichport, MA,
communities are dependent upon GB
cod and other groundfish. The
Amendment 13 restrictions that reduced
the GB cod trip limit had a
disproportionate affect on these fixed
gear fishermen. According to
Amendment 13, Chatham’s overall
community dependence on NE
multispecies as a percentage of total
fisheries revenues from federally
permitted vessels averaged about 71
percent and likely at least some of the
active groundfish vessels in Chatham
and Harwichport are even more than
71% dependent on the multispecies
fishery. Because the Fixed Gear Sector
was implemented late in the 2006 FY
and only one vessel participated,
quantitative data on the precise
economic impact of the Fixed Gear
Sector does not exist. However, a
qualitative assessment of the Fixed Gear
Sector is possible.
The proposed alternative would
positively impact the 19 vessels that
have voluntarily joined the Fixed Gear
Sector, who are relatively dependent
upon cod revenue compared to other
participants in the groundfish fishery.
The proposed alternative would
indirectly benefit the communities of
Chatham and Harwichport, MA, and to
a lesser extent other Cape Cod, MA,
communities involved in the groundfish
fishery. Allocation of cod TAC to a
sector and the development of
alternative fishing restrictions would
mitigate the impacts of Amendment 13.
Specifically, the proposed Operations
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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules
Plan enables Fixed Gear Sector members
to fish under a set of rules crafted by
Fixed Gear Sector members in order to
adapt to current economic and fishing
conditions. The Fixed Gear Sector, by
fishing under rules that are designed to
meet their needs (as well as the
conservation requirements of the FMP),
is afforded a larger degree of flexibility
and efficiency, which result in
economic gains. For example, Fixed
Gear Sector members are able to plan
their fishing activity and income in
advance with more certainty due to the
fact that there is a cod TAC, which is
apportioned to each month of the year.
They are able to maximize their
efficiency (revenue per trip), by
targeting seasonal aggregations of cod,
due to the exemption from trip limits
and hook numbers. Thus, this proposed
rule would enable Fixed Gear Sector
members to remain economically viable
by maximizing revenues and
minimizing expenses in the short term.
This would also help to maintain
associated shoreside job opportunities.
cprice-sewell on PROD1PC66 with PROPOSALS
Economic Impacts of Alternatives to the
Proposed Action
Under the No Action alternative, all
Fixed Gear Sector members would
remain in the common pool of vessels
and fish under all the rules
implemented by Amendment 13 and
subsequent Framework Adjustments,
and there would be no allocation of GB
cod to the Fixed Gear Sector. Because
cod usually represents a high proportion
of total fishing income for Cape Codbased gillnet and hookgear vessels,
revenues for such vessel owners are
very sensitive to regulations that impact
how and when they can fish for cod,
such as trip limits and restrictions on
the number of hooks fished. Under the
common pool rules implemented by FW
42 (e.g., differential DAS counting) and
Amendment 13 (restrictive daily trip
limits for cod), it is likely that Fixed
Gear Sector vessels would experience
revenue losses. It is more likely under
the No Action alternative that
disruption to the Chatham/Harwichport
communities would occur.
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
This rule contains a collection-ofinformation requirement subject to the
Paperwork Reduction Act (PRA) and
which has been approved by OMB
under control number 0648–0202.
Public reporting burden for the
Submission of a Plan of Operation for an
Approved Sector Allocation is estimated
to average 50 hr per response, and for
the Annual Reporting Requirements for
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Sectors is estimated to average 6 hr per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. Send comments
regarding this burden estimate, or any
other aspect of this data collection,
including suggestions for reducing the
burden, to NMFS (see ADDRESSES) and
by e-mail to
DavidlRostker@omb.eop.gov, or fax to
(202) 395–7285. Nothwithstanding any
other provision of the law, no person is
required to respond to, nor shall any
person be subject to a penalty for failure
to comply with, a collection of
information subject to the requirements
of the PRA, unless that collection of
information displays a currently valid
OMB Control Number.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 11, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 07–1882 Filed 4–12–07; 10:41 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070322064–7064–01; I.D.
030607E]
RIN 0648–AV20
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2007 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: Proposed rule; request for
comments.
AGENCY:
SUMMARY: Amendment 13 to the
Northeast (NE) Multispecies Fishery
Management Plan (FMP) (Amendment
13) authorized allocation of up to 20
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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, ‘‘Georges Bank
Cod Hook Sector Fishing Year 2007–
2008 Operations Plan and Agreement’’
(together referred to as the Sector
Agreement) and has requested an
allocation of GB cod, consistent with
regulations implementing Amendment
13. A Supplemental Environmental
Assessment has also been prepared.
This document 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 2007
fishing year (FY).
DATES: Written comments must be
received on or before May 1, 2007.
ADDRESSES: You may submit written
comments by any of the following
methods:
• Mail: Paper, disk, or CD-ROM
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.’’
• Fax: (978) 281–9135.
• E-mail: gbhooksctr@noaa.gov.
• Federal e-Rulemaking Portal: https://
www.regulations.gov.
Copies of the Sector Agreement and
the EA are available from the NE
Regional Office at the mailing address
specified above. Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
the proposed rule may be submitted to
the address above or by e-mail to DavidRostker@omb.eop.gov, or fax to (202)
395–7285.
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 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
E:\FR\FM\16APP1.SGM
16APP1
]]>Agencies
[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Proposed Rules]
[Pages 18937-18940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1882]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070321063-7063-01; I.D. 031607E]
RIN 0648-AV22
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2007 Georges Bank Cod
Fixed Gear 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: Proposed rule; request for comments.
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SUMMARY: Framework Adjustment (FW) 42 to the Northeast (NE)
Multispecies Fishery Management Plan (FMP) created the Georges Bank
(GB) Cod Fixed Gear Sector (Fixed Gear Sector) and authorized
allocation of up to 20 percent of the annual GB cod total allowable
catch (TAC) to the Fixed Gear Sector. Pursuant to that authorization, a
representative of the Fixed Gear Sector has submitted an Operations
Plan, Sector Agreement (Contract) and requested an allocation of GB cod
to the Fixed Gear Sector for fishing year 2007 (FY 2007). A
Supplemental Environmental Assessment (EA) has also been prepared. This
document provides interested parties an opportunity to comment on the
proposed Sector Operations Plan and EA prior to final approval or
disapproval of the Sector Operations Plan and allocation of GB cod TAC
to the Fixed Gear Sector for FY 2007.
DATES: Written comments must be received on or before May 1, 2007.
ADDRESSES: You may submit written comments by any of the following
methods:
Mail: Paper, disk, or CD-ROM 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 Fixed Gear Sector 2007 Operations
Plan.''
Fax: (978) 281-9135.
E-mail: 2007FixedGearSector@NOAA.gov.
Federal e-Rulemaking Portal: https://www.regulations.gov.
Copies of the Sector Agreement and the EA are available from the NE
[[Page 18938]]
Regional Office at the mailing address specified above. Written
comments regarding the burden-hour estimates or other aspects of the
collection-of-information requirements contained in the proposed rule
may be submitted to the address above or by e-mail to David-
Rostker@omb.eop.gov, or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management
Specialist, phone (978) 281-9145, fax (978) 281-9135, e-mail
Mark.Grant@NOAA.gov.
SUPPLEMENTARY INFORMATION: The Regional Administrator has made a
preliminary determination that the Fixed Gear Sector Contract and
Operations Plan is consistent with the goals of the FMP and 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 specific groundfish species (or
days-at-sea (DAS)), implemented restrictions that apply to all sectors,
and authorized the first sector of the FMP (GB Cod Hook Sector).
FW 42 (71 FR 62156, October 23, 2006) established the Fixed Gear
Sector. The FW 42 regulations that apply to the Fixed Gear Sector
specify that: (1) all vessels with a valid limited access NE
multispecies DAS permit are eligible to participate in the Fixed Gear
Sector, provided they have documented landings of GB cod through valid
dealer reports submitted to NMFS during FY 1996 through 2001
(regardless of gear fished); (2) membership in the Fixed Gear Sector is
voluntary, and each member must remain in the Fixed Gear Sector for the
entire fishing year and may not fish outside the NE multispecies DAS
program during the fishing year, unless certain conditions are met; (3)
vessels fishing in the Fixed Gear Sector (participating vessels) are
confined to fishing in the GB Cod Hook 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 must comply with
all pertinent Federal fishing regulations, unless specifically exempted
by a Letter of Authorization, and the provisions of an approved
Operations Plan.
Although FW 42 established the Fixed Gear Sector, in order for GB
cod to be allocated to the Fixed Gear Sector and the Fixed Gear Sector
authorized to fish, the Fixed Gear 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 Fixed Gear Sector
participants and a plan containing the management rules that the Fixed
Gear Sector participants agree to abide by in order to avoid exceeding
the allocated TAC. An additional analysis of the impacts of the Fixed
Gear 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 Fixed Gear Sector submitted an initial version of the
Operations Plan and Sector Contract to NMFS on January 22, 2007. The
Fixed Gear Sector subsequently submitted additional iterations of the
Operations Plan to clarify the Operations Plan and refine the analyses,
with a final submission date of March 7, 2007. A Supplemental
Environmental Assessment was also prepared.
The Fixed Gear Sector would be overseen by a Board of Directors and
a Sector Manager. The Sector Contract specifies, in accordance with
Amendment 13, that the Sector's GB cod TAC would be based upon the
number of Fixed Gear Sector members and their historic landings of GB
cod. The GB cod TAC is a ``hard'' TAC, meaning that, once the TAC is
reached, Fixed Gear Sector vessels could not fish under a NE
multispecies 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).
The proposed 2007 Operations Plan proposes exemption from the
following restrictions of the FMP: GB cod trip limit, the GB Seasonal
Closure Area (when fishing with hook gear), the 3,600-hook limit for
longline gear in the GB Regulated Mesh Area (RMA), and the 2,000-hook
limit in the Gulf of Maine (GOM) and Southern New England (SNE) RMAs.
Justification for the proposed exemptions and analysis of the potential
impacts of the Operations Plan are contained in the EA. A Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (IRFA) is
summarized in the Classification section of this proposed rule.
As of March 7, 2007, 19 prospective Fixed Gear Sector members had
signed the 2007 Sector Contract. The GB cod TAC calculation is based
upon the historic GB cod landings of the participating vessels, using
all gear. The allocation percentage is calculated by dividing the sum
of total landings of GB cod by Sector members for 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 (12,119,410 lb (5,497
mt)/113,278,842 lb (51,382.4 mt)). The resulting number is 900 mt, or
10.70 percent of the proposed fishery-wide GB cod target TAC of 8,416
mt. If prospective members of the Fixed Gear Sector change their minds
about participating in the Fixed Gear Sector after the publication of
this proposed rule 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, but no additional members may join the Fixed Gear Sector for FY
2007 fishing year.
The Sector Contract contains procedures for the enforcement of the
Operations Plan, a schedule of penalties, and provides the authority to
the Fixed Gear Sector Manager to issue stop fishing orders to members
of the Fixed Gear Sector. Participating vessels would be required to
land fish only in designated landing ports and would be required to
provide the Fixed Gear Sector Manager with a copy of the Vessel Trip
Report (VTR) within 48 hrs of offloading. Dealers purchasing fish from
participating vessels would be required to provide the Fixed Gear
Sector Manager with a copy of the dealer report on a weekly basis. On a
monthly basis, the Fixed Gear Sector Manager would transmit to NMFS
aggregate catch data from dealer slips and aggregate discard data from
the VTRs. After 90 percent of the Fixed Gear Sector's allocation has
been harvested, the Fixed Gear Sector Manager would be required to
provide NMFS with aggregate reports on a weekly basis. A total of 1/12
of the Fixed Gear 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 may not fish under a NE
multispecies DAS, possess or land GB cod or other regulated species, or
[[Page 18939]]
use gear capable of catching regulated NE multispecies. 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 regulations 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. All legal-sized cod caught would
be retained and landed and counted against the Fixed Gear 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, handgear, or sink gillnets. Participating Fixed Gear Sector
vessels fishing with hook gear could use an unlimited number of hooks
in the Sector Area and would be exempt from the GB Seasonal Closure
Area during May.
The EA prepared for the Fixed Gear Sector operations concludes that
the biological impacts of the Fixed Gear 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 Fixed Gear Sector.
Implementation would have a positive impact of essential fish habitat
(EFH) and bycatch by allowing a maximum number of hook and gillnet
vessels to remain active in those fisheries, rather than converting to
(or leasing DAS to) other gear types that have greater impacts on EFH.
The analysis of economic impacts of the Fixed Gear Sector concludes
that the members would realize higher economic returns if the Fixed
Gear Sector is implemented. The EA asserts that fishing in accordance
with the Sector Contract rules enables more efficient harvesting of GB
cod with hook and gillnet gear than would be possible if the vessels
were fishing in accordance with the common pool (non-sector) rules. The
social benefits of the Fixed Gear Sector would accrue to members as
well as the Chatham and Harwichport, MA, communities, which are more
dependent upon groundfish revenues than other communities. The
supplemental EA concludes that the self-governing nature of the Fixed
Gear Sector and the development of rules by the members enables
stewardship of the cod resource by the Fixed Gear Sector. The
cumulative impacts of the Fixed Gear Sector are expected to be positive
due to a positive biological impact, positive 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 Contract as
proposed, a Letter of Authorization would be issued to each member of
the Fixed Gear Sector exempting them, conditional upon their compliance
with the Sector Contract, from the GB cod possession restrictions, the
3,600-hook limit in the GB RMA, the 2,000-hook limit in the GOM and SNE
RMAs and the GB Seasonal Closure Area when using hook gear, as
specified in Sec. Sec. 658.86(b)(2), 648.80(a)(4)(v), 648.80(a)(3)(v),
648.80(b)(2)(v) and 648.81(g), respectively.
Classification
This proposed rule has been determined to be not significant for
the purposes of Executive Order (E.O.) 12866.
This proposed rule does not contain policies with federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act. Below is a summary of the IRFA, which describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the legal basis for this action are contained in the preamble to this
proposed rule and in sections 1.0 and 2.0 of the EA prepared for this
action. The Small Business Administration size standard for small
commercial fishing entities is $4 million in average annual receipts,
and the size standard for small charter/party operators is $6.5 million
in average annual receipts. While an entity may own multiple vessels,
available data make it difficult to determine which vessels may be
controlled by a single entity. For this reason, each vessel is treated
as a single entity for purposes of size determination and impact
assessment. All permitted and participating vessels in the groundfish
fishery, including prospective Fixed Gear Sector members, are
considered to be small entities because gross sales by any one entity
(vessel) do not exceed this threshold. The number of prospective
participants in the Fixed Gear Sector is 19, substantially less than
the total number of active vessels in the groundfish fishery. Only
these 19 vessels would be subject to the regulatory exemptions and
operational restrictions proposed for the Fixed Gear Sector for FY
2007.
Economic Impacts of the Proposed Action
The proposed alternative would allocate a GB cod TAC of 900 mt to
the Fixed Gear Sector. Once the GB cod TAC is harvested, participating
vessels would not be allowed to fish under a NE multispecies DAS,
possess or land GB cod, or other regulated species managed under the NE
multispecies FMP, or use gear capable of catching groundfish (unless
fishing under recreational or charter/party regulations). Vessels
intending to fish in the Fixed Gear Sector during the 2007 fishing year
may only fish with hook gear or gillnet gear and may not fish for NE
multispecies under a NE multispecies DAS during the 2007 fishing year
until the Sector Operations Plan is approved. Under the proposed
Operations Plan, members would be exempt from several restrictions of
the FMP described in the preamble to this proposed rule and in the EA.
The fixed gear fishermen and the Chatham and Harwichport, MA,
communities are dependent upon GB cod and other groundfish. The
Amendment 13 restrictions that reduced the GB cod trip limit had a
disproportionate affect on these fixed gear fishermen. According to
Amendment 13, Chatham's overall community dependence on NE multispecies
as a percentage of total fisheries revenues from federally permitted
vessels averaged about 71 percent and likely at least some of the
active groundfish vessels in Chatham and Harwichport are even more than
71% dependent on the multispecies fishery. Because the Fixed Gear
Sector was implemented late in the 2006 FY and only one vessel
participated, quantitative data on the precise economic impact of the
Fixed Gear Sector does not exist. However, a qualitative assessment of
the Fixed Gear Sector is possible.
The proposed alternative would positively impact the 19 vessels
that have voluntarily joined the Fixed Gear Sector, who are relatively
dependent upon cod revenue compared to other participants in the
groundfish fishery. The proposed alternative would indirectly benefit
the communities of Chatham and Harwichport, MA, and to a lesser extent
other Cape Cod, MA, communities involved in the groundfish fishery.
Allocation of cod TAC to a sector and the development of alternative
fishing restrictions would mitigate the impacts of Amendment 13.
Specifically, the proposed Operations
[[Page 18940]]
Plan enables Fixed Gear Sector members to fish under a set of rules
crafted by Fixed Gear Sector members in order to adapt to current
economic and fishing conditions. The Fixed Gear Sector, by fishing
under rules that are designed to meet their needs (as well as the
conservation requirements of the FMP), is afforded a larger degree of
flexibility and efficiency, which result in economic gains. For
example, Fixed Gear Sector members are able to plan their fishing
activity and income in advance with more certainty due to the fact that
there is a cod TAC, which is apportioned to each month of the year.
They are able to maximize their efficiency (revenue per trip), by
targeting seasonal aggregations of cod, due to the exemption from trip
limits and hook numbers. Thus, this proposed rule would enable Fixed
Gear Sector members to remain economically viable by maximizing
revenues and minimizing expenses in the short term. This would also
help to maintain associated shoreside job opportunities.
Economic Impacts of Alternatives to the Proposed Action
Under the No Action alternative, all Fixed Gear Sector members
would remain in the common pool of vessels and fish under all the rules
implemented by Amendment 13 and subsequent Framework Adjustments, and
there would be no allocation of GB cod to the Fixed Gear Sector.
Because cod usually represents a high proportion of total fishing
income for Cape Cod-based gillnet and hookgear vessels, revenues for
such vessel owners are very sensitive to regulations that impact how
and when they can fish for cod, such as trip limits and restrictions on
the number of hooks fished. Under the common pool rules implemented by
FW 42 (e.g., differential DAS counting) and Amendment 13 (restrictive
daily trip limits for cod), it is likely that Fixed Gear Sector vessels
would experience revenue losses. It is more likely under the No Action
alternative that disruption to the Chatham/Harwichport communities
would occur.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Rule
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) and which has been approved by OMB
under control number 0648-0202. Public reporting burden for the
Submission of a Plan of Operation for an Approved Sector Allocation is
estimated to average 50 hr per response, and for the Annual Reporting
Requirements for Sectors is estimated to average 6 hr per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this
burden estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to David--Rostker@omb.eop.gov, or fax to (202) 395-7285.
Nothwithstanding any other provision of the law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the PRA, unless that collection of information displays a currently
valid OMB Control Number.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 11, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 07-1882 Filed 4-12-07; 10:41 am]
BILLING CODE 3510-22-S
