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, 18940-18943 [07-1883]
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18940
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.
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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
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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules
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, 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 is required to remain in the
Sector for the entire fishing year and
cannot fish outside the NE multispecies
DAS program during the fishing year,
unless certain conditions are met; (3)
vessels fishing in the Sector
(participating vessels) are confined to
fishing in the Sector Area, which is that
portion of the GB cod stock area north
of 39° 00′ N. lat. and east of 71° 40′ W.
long; and (4) participating vessels are
required to comply with all pertinent
Federal fishing regulations, unless
specifically exempted by a Letter of
Authorization issued by the Regional
Administrator, 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 also 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.
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15:22 Apr 13, 2007
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The Sector was authorized for FY
2006 and, based upon the GB cod
landings history of its 37 members, was
allocated 615 mt of cod, which is 10.03
percent of the total FY 2006 GB cod
TAC.
On January 22, 2007, the Sector
Manager submitted to NMFS the
Georges Bank Cod Hook Sector Fishing
Year 2007–2008 Operations Plan and
Agreement. A supplemental EA entitled
‘‘Approval of the Georges Bank Cod
Hook Sector Operations Plan,’’ which
analyzes the impacts of the proposed
Sector Agreement, was also prepared.
The proposed 2007 Sector Agreement
and Operations Plan contains the same
elements as the 2006 Sector Agreement.
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). Should the
hard TAC be exceeded, the Sector’s
allocation would be reduced by the
overharvest in the following year.
The proposed 2007 Operations Plan
proposes an exemption from the
following restrictions of the FMP: The
GB cod trip limit; the GB and Southern
New England (SNE) limit on the number
of hooks fished; the GB seasonal
closure; the DAS Leasing Program vessel
size restrictions; Differential DAS in the
Gulf of Maine Differential DAS Area and
in the SNE Differential DAS Area (those
portions of the differential areas which
overlap the Sector Area); and the
Western U.S./Canada Area 72–hr
observer program notification.
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 February 1, 2007, 35 prospective
Sector members had signed the 2007
Sector Contract. The GB cod TAC
calculation is based upon the historic
cod landings of the participating Sector
vessels, regardless of gear used. The
allocation percentage is calculated by
dividing the sum of total landings of GB
cod landed by Sector members in FY
1996 through 2001, by the sum of the
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18941
total accumulated landings of GB cod
landed by all NE multispecies vessels
for the same time period (10,738,834 lb
(4,871.1 mt)/113,278,842 lb (51,382.42
mt)). Based upon the 35 prospective
Sector members, the Sector TAC of GB
cod would be 798 mt (9.48 percent
times the fishery-wide GB cod target
TAC of 8,416 mt). The fishery-wide GB
cod target TAC of 8,416 mt is less than
the total GB cod target TAC proposed
for FY 2007 (9,822 mt) because the
9,822 mt includes Canadian catch. If
prospective members of the Sector
determine that they no longer want to
participate in the sector after the
publication of this document 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
differ 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 hr 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
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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules
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. All legalsized 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. NE multispecies DAS used
by participating vessels while
conducting fishery research under an
Exempted Fishing Permit during the FY
2007 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 and Harwichport, MA,
communities, which are more
dependent upon groundfish revenues
than other communities. 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, positive
impact on habitat, and a positive social
and economic impact. In contrast, the
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Jkt 211001
cumulative impact of the no action
alternative is estimated to be neutral,
with negative social and economic
impacts.
Should the Regional Administrator
approve the Sector Agreement as
proposed, a Letter of Authorization
would be issued to each member of the
Sector exempting them, conditional
upon their compliance with the Sector
Agreement, from the GB cod possession
restrictions, the GB Seasonal Closure
Area, the Western U.S./Canada Area 72–
hr observer notification requirement, the
DAS Leasing Program vessel size
restrictions, differential DAS, and the
limits on the number of hooks
requirements as specified in
§§ 648.86(b)(2), 648.81(g),
648.85(a)(3)(ii)(C), 648.82(k)(4)(ix),
648.82 (e)(2), 648.80(a)(4)(v), and
648.80(b)(2)(v), 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 Initial Regulatory Flexibility
Analysis (IRFA) was prepared as
required by section 603 of the
Regulatory Flexibility Act (RFA). Below
is a summary of the IRFA, which
describes the economic impacts 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 the EA prepared
for this action. The Small Business
Administration (SBA) size standard for
small commercial fishing entities is $ 4
million in average annual receipts. All
permitted and participating vessels in
the groundfish fishery, including
prospective Sector members, are
considered to be small entities because
average annual receipts by any one
entity (vessel) do not exceed this
threshold, and, therefore there is no
disproportionate impact between large
and small entities. The number of
prospective participants in the Sector is
35, substantially less than the total
number of active vessels in the
groundfish fishery. Only these 35
vessels would be subject to the
regulatory exemptions and operational
restrictions proposed for the Sector for
FY 2007.
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Economic Impacts of the Proposed
Action
The proposed alternative would
allocate a GB cod TAC of 798 mt to the
GB Cod Hook Sector. Once the GB cod
TAC is harvested, participating vessels
would not be allowed to fish under a
DAS, possess or land GB cod, or other
regulated species managed under the
FMP, or use gear capable of catching
groundfish (unless fishing under
recreational or party/charter
regulations). Vessels intending to fish in
the Sector during FY 2007 may not fish
for NE multispecies under a NE
Multispecies DAS during FY 2007 until
the Sector Operations Plan is approved,
and Sector vessels may only fish with
jigs, non-automated demersel longline,
or handgear. 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 proposed alternative would
positively impact the members of the
Sector (35 vessels or less) that have
voluntarily joined the Sector, who are
relatively dependent upon groundfish
revenue compared to other participants
in the groundfish fishery. The proposed
Alternative would indirectly benefit the
communities of Chatham and
Harwichport (Massachusetts), and to a
lesser extent other Cape Cod
communities involved in the groundfish
fishery. During FY 2005, members of the
Sector landed 275,743 lb (125,054 kg) of
cod and 1,114,401 lb (505,397 kg) of
haddock, generating approximately $
402,000, and $ 1,314,000 in revenue,
respectively (assuming a dock-side price
of $ 1.46 and $1.18 per lb, respectively).
Sector members also landed various
other species, which contributed
slightly more to their revenue. In
general, the operation of the Sector
would continue to mitigate the negative
economic impacts that result from the
current suite of regulations that apply to
the groundfish fishery (most recently
Framework Adjustment 42)(October 23,
2006; 71 FR 62156). The 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, 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) due to the exemption from trip
limits and hook numbers. For some
vessel owners in the Sector,
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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules
participation in the Sector enables their
businesses to remain economically
viable.
cprice-sewell on PROD1PC66 with PROPOSALS
Economic Impacts of Alternatives to the
Proposed Action
Under the No Action alternative, all
Sector members would remain in the
common pool of vessels and fish under
all the rules implemented by
Amendment 13 and subsequent
Framework Adjustments. Under the
regulatory scenario of the No Action
alternative, Sector members would
likely face increased economic
uncertainty, a loss of efficiency, and
revenue loss. Because cod usually
represents a high proportion of total
fishing income for hook gear vessels,
revenues for Sector members are
sensitive to regulations that impact how
and when they can fish for cod, such as
trip limits and hook gear restrictions.
Sector members would be unnecessarily
impacted by regulations designed to
affect the catch of species of which hook
gear catches very little (e.g., yellowtail
flounder, because hook gear is more
selective than other gear types). For
example, under the No Action
alternative, Sector members would be
affected by the differential DAS
counting requirement, one of the
objectives of which is to protect
yellowtail flounder.
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Proposed Action
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
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
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Jkt 211001
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. 07–1883 Filed 4–12–07; 10:41 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060511126–7082–04; I.D.
050306E]
RIN 0648–AT71
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS issues this proposed
rule for the Central Gulf of Alaska
(GOA) rockfish fisheries to revise
monitoring and enforcement (M&E)
provisions related to catcher/processor
vessels harvesting under the opt-out
fishery, and to make changes to
regulations governing the rockfish
fisheries. This action is necessary to
clarify procedures and to correct
discrepancies in a November 20, 2006,
final rule. This proposed rule is
intended to promote the goals and
objectives of the Fishery Management
Plan for groundfish of the Gulf of Alaska
(FMP), the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), and other
applicable law.
DATES: Comments must be received by
April 30, 2007.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. Comments may be
submitted by any of the following
methods:
Frm 00022
Fmt 4702
• Mail: to P.O. Box 21668, Juneau, AK
99802;
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK 99802;
• Fax: (907) 586–7557;
• E-mail: 0648–AT71–
GOA68PR@noaa.gov. Include in the
subject line of the email the following
identifier: Rockfish Program correction
0648–AT71. E-mail comments, with or
without attachments, are limited to five
megabytes; or
• Webform at the Federal eRulemaking Portal: https://
www.regulations.gov.
Copies of Amendment 68; the
Environmental Assessment/Regulatory
Impact Review/Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA)
prepared for Amendment 68; and Final
Regulatory Flexibility Analysis (FRFA)
prepared for Amendment 68 may be
obtained from the NMFS Alaska Region,
P.O. Box 21668, Juneau, AK 99802,
Attn: Ellen Sebastian, and on the NMFS
Alaska Region website at https://
www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Fisheries of the Exclusive Economic
Zone Off Alaska; Allocating Gulf of
Alaska Fishery Resources
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Sfmt 4702
Jason Anderson, 907 586 7228 or
jason.anderson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In January 2004 the U.S. Congress
amended section 313(j) of the
Magnuson-Stevens Act through the
Consolidated Appropriations Act of
2004 (Public Law 108 199, section 802).
As amended, the Magnuson-Stevens Act
authorizes the Secretary of Commerce to
establish a limited access privilege
program for the Central GOA rockfish
fisheries (Program), developed in
coordination with the North Pacific
Fishery Management Council (Council).
The Council recommended Amendment
68 to the FMP for groundfish in the
GOA on June 6, 2005, to make the
Program effective.
NMFS published a notice of
availability for Amendment 68 on May
15, 2006 (71 FR 27984). On June 7,
2006, NMFS published a proposed rule
to implement Amendment 68 and the
Program (71 FR 33040). The Secretary
approved Amendment 68 on August 11,
2006. NMFS published a final rule to
implement Amendment 68 on
November 20, 2006 (71 FR 67210).
The Program provides exclusive
harvesting and processing privileges for
a specific set of rockfish species and
associated species harvested
incidentally to those rockfish in the
Central GOA an area between 147° W.
longitude and 159° W. longitude. A
detailed overview of the Program is
E:\FR\FM\16APP1.SGM
16APP1
]]>Agencies
[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Proposed Rules]
[Pages 18940-18943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1883]
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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
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; 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,
``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-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: 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
[[Page 18941]]
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, 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 is required to
remain in the Sector for the entire fishing year and cannot fish
outside the NE multispecies DAS program during the fishing year, unless
certain conditions are met; (3) vessels fishing in the Sector
(participating vessels) are 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 are
required to comply with all pertinent Federal fishing regulations,
unless specifically exempted by a Letter of Authorization issued by the
Regional Administrator, 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 also 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 2006 and, based upon the GB cod
landings history of its 37 members, was allocated 615 mt of cod, which
is 10.03 percent of the total FY 2006 GB cod TAC.
On January 22, 2007, the Sector Manager submitted to NMFS the
Georges Bank Cod Hook Sector Fishing Year 2007-2008 Operations Plan and
Agreement. A supplemental EA entitled ``Approval of the Georges Bank
Cod Hook Sector Operations Plan,'' which analyzes the impacts of the
proposed Sector Agreement, was also prepared.
The proposed 2007 Sector Agreement and Operations Plan contains the
same elements as the 2006 Sector Agreement. 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).
Should the hard TAC be exceeded, the Sector's allocation would be
reduced by the overharvest in the following year.
The proposed 2007 Operations Plan proposes an exemption from the
following restrictions of the FMP: The GB cod trip limit; the GB and
Southern New England (SNE) limit on the number of hooks fished; the GB
seasonal closure; the DAS Leasing Program vessel size restrictions;
Differential DAS in the Gulf of Maine Differential DAS Area and in the
SNE Differential DAS Area (those portions of the differential areas
which overlap the Sector Area); and the Western U.S./Canada Area 72-hr
observer program notification. 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 February 1, 2007, 35 prospective Sector members had signed
the 2007 Sector Contract. The GB cod TAC calculation is based upon the
historic cod landings of the participating Sector vessels, regardless
of gear used. The allocation percentage is calculated by dividing the
sum of total landings of GB cod landed by Sector members in FY 1996
through 2001, by the sum of the total accumulated landings of GB cod
landed by all NE multispecies vessels for the same time period
(10,738,834 lb (4,871.1 mt)/113,278,842 lb (51,382.42 mt)). Based upon
the 35 prospective Sector members, the Sector TAC of GB cod would be
798 mt (9.48 percent times the fishery-wide GB cod target TAC of 8,416
mt). The fishery-wide GB cod target TAC of 8,416 mt is less than the
total GB cod target TAC proposed for FY 2007 (9,822 mt) because the
9,822 mt includes Canadian catch. If prospective members of the Sector
determine that they no longer want to participate in the sector after
the publication of this document 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 differ 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 hr 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
[[Page 18942]]
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. 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. NE multispecies DAS used by participating vessels while
conducting fishery research under an Exempted Fishing Permit during the
FY 2007 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 and Harwichport, MA, communities, which
are more dependent upon groundfish revenues than other communities. 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, 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 Agreement as
proposed, a Letter of Authorization would be issued to each member of
the Sector exempting them, conditional upon their compliance with the
Sector Agreement, from the GB cod possession restrictions, the GB
Seasonal Closure Area, the Western U.S./Canada Area 72-hr observer
notification requirement, the DAS Leasing Program vessel size
restrictions, differential DAS, and the limits on the number of hooks
requirements as specified in Sec. Sec. 648.86(b)(2), 648.81(g),
648.85(a)(3)(ii)(C), 648.82(k)(4)(ix), 648.82 (e)(2), 648.80(a)(4)(v),
and 648.80(b)(2)(v), 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 Initial Regulatory Flexibility Analysis (IRFA) was prepared as
required by section 603 of the Regulatory Flexibility Act (RFA). Below
is a summary of the IRFA, which describes the economic impacts 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 the
EA prepared for this action. The Small Business Administration (SBA)
size standard for small commercial fishing entities is $ 4 million in
average annual receipts. All permitted and participating vessels in the
groundfish fishery, including prospective Sector members, are
considered to be small entities because average annual receipts by any
one entity (vessel) do not exceed this threshold, and, therefore there
is no disproportionate impact between large and small entities. The
number of prospective participants in the Sector is 35, substantially
less than the total number of active vessels in the groundfish fishery.
Only these 35 vessels would be subject to the regulatory exemptions and
operational restrictions proposed for the Sector for FY 2007.
Economic Impacts of the Proposed Action
The proposed alternative would allocate a GB cod TAC of 798 mt to
the GB Cod Hook Sector. Once the GB cod TAC is harvested, participating
vessels would not be allowed to fish under a DAS, possess or land GB
cod, or other regulated species managed under the FMP, or use gear
capable of catching groundfish (unless fishing under recreational or
party/charter regulations). Vessels intending to fish in the Sector
during FY 2007 may not fish for NE multispecies under a NE Multispecies
DAS during FY 2007 until the Sector Operations Plan is approved, and
Sector vessels may only fish with jigs, non-automated demersel
longline, or handgear. 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 proposed alternative would positively impact the members of the
Sector (35 vessels or less) that have voluntarily joined the Sector,
who are relatively dependent upon groundfish revenue compared to other
participants in the groundfish fishery. The proposed Alternative would
indirectly benefit the communities of Chatham and Harwichport
(Massachusetts), and to a lesser extent other Cape Cod communities
involved in the groundfish fishery. During FY 2005, members of the
Sector landed 275,743 lb (125,054 kg) of cod and 1,114,401 lb (505,397
kg) of haddock, generating approximately $ 402,000, and $ 1,314,000 in
revenue, respectively (assuming a dock-side price of $ 1.46 and $1.18
per lb, respectively). Sector members also landed various other
species, which contributed slightly more to their revenue. In general,
the operation of the Sector would continue to mitigate the negative
economic impacts that result from the current suite of regulations that
apply to the groundfish fishery (most recently Framework Adjustment
42)(October 23, 2006; 71 FR 62156). The 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, 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) due to the exemption from trip limits and
hook numbers. For some vessel owners in the Sector,
[[Page 18943]]
participation in the Sector enables their businesses to remain
economically viable.
Economic Impacts of Alternatives to the Proposed Action
Under the No Action alternative, all Sector members would remain in
the common pool of vessels and fish under all the rules implemented by
Amendment 13 and subsequent Framework Adjustments. Under the regulatory
scenario of the No Action alternative, Sector members would likely face
increased economic uncertainty, a loss of efficiency, and revenue loss.
Because cod usually represents a high proportion of total fishing
income for hook gear vessels, revenues for Sector members are sensitive
to regulations that impact how and when they can fish for cod, such as
trip limits and hook gear restrictions. Sector members would be
unnecessarily impacted by regulations designed to affect the catch of
species of which hook gear catches very little (e.g., yellowtail
flounder, because hook gear is more selective than other gear types).
For example, under the No Action alternative, Sector members would be
affected by the differential DAS counting requirement, one of the
objectives of which is to protect yellowtail flounder.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Action
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. 07-1883 Filed 4-12-07; 10:41 am]
BILLING CODE 3510-22-S
