Magnuson-Stevens Fishery Conservation and Management 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, 26563-26566 [07-2302]
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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations
reporting, system administrator certification,
and security training; and
(iii) Utilize the NASA Public Key
Infrastructure (PKI) for all encrypted
communication or non-repudiation
requirements within NASA when secure
email capability is required.
(c) Physical and Logical Access
Requirements.
(1) Contractor personnel requiring access to
IT systems operated by the Contractor for
NASA or interconnected to a NASA network
shall be screened at an appropriate level in
accordance with NPR 2810 and Chapter 4,
NPR 1600.1, NASA Security Program
Procedural Requirements. NASA shall
provide screening, appropriate to the highest
risk level, of the IT systems and information
accessed, using, as a minimum, National
Agency Check with Inquiries (NACI). The
Contractor shall submit the required forms to
the NASA Center Chief of Security (CCS)
within fourteen (14) days after contract
award or assignment of an individual to a
position requiring screening. The forms may
be obtained from the CCS. At the option of
NASA, interim access may be granted
pending completion of the required
investigation and final access determination.
For Contractors who will reside on a NASA
Center or installation, the security screening
required for all required access (e.g.,
installation, facility, IT, information, etc.) is
consolidated to ensure only one investigation
is conducted based on the highest risk level.
Contractors not residing on a NASA
installation will be screened based on their
IT access risk level determination only. See
NPR 1600.1, Chapter 4.
(2) Guidance for selecting the appropriate
level of screening is based on the risk of
adverse impact to NASA missions. NASA
defines three levels of risk for which
screening is required (IT–1 has the highest
level of risk).
(i) IT–1—Individuals having privileged
access or limited privileged access to systems
whose misuse can cause very serious adverse
impact to NASA missions. These systems
include, for example, those that can transmit
commands directly modifying the behavior of
spacecraft, satellites or aircraft.
(ii) IT–2—Individuals having privileged
access or limited privileged access to systems
whose misuse can cause serious adverse
impact to NASA missions. These systems
include, for example, those that can transmit
commands directly modifying the behavior of
payloads on spacecraft, satellites or aircraft;
and those that contain the primary copy of
‘‘level 1’’ information whose cost to replace
exceeds one million dollars.
(iii) IT–3—Individuals having privileged
access or limited privileged access to systems
whose misuse can cause significant adverse
impact to NASA missions. These systems
include, for example, those that interconnect
with a NASA network in a way that exceeds
access by the general public, such as
bypassing firewalls; and systems operated by
the Contractor for NASA whose function or
information has substantial cost to replace,
even if these systems are not interconnected
with a NASA network.
(3) Screening for individuals shall employ
forms appropriate for the level of risk as
established in Chapter 4, NPR 1600.1.
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(4) The Contractor may conduct its own
screening of individuals requiring privileged
access or limited privileged access provided
the Contractor can demonstrate to the
Contracting Officer that the procedures used
by the Contractor are equivalent to NASA’s
personnel screening procedures for the risk
level assigned for the IT position.
(5) Subject to approval of the Contracting
Officer, the Contractor may forgo screening of
Contractor personnel for those individuals
who have proof of a—
(i) Current or recent national security
clearances (within last three years);
(ii) Screening conducted by NASA within
the last three years that meets or exceeds the
screening requirements of the IT position; or
(iii) Screening conducted by the
Contractor, within the last three years, that is
equivalent to the NASA personnel screening
procedures as approved by the Contracting
Officer and concurred on by the CCS.
(d) The Contracting Officer may waive the
requirements of paragraphs (b) and (c)(1)
through (c)(3) upon request of the Contractor.
The Contractor shall provide all relevant
information requested by the Contracting
Officer to support the waiver request.
(e) The Contractor shall contact the
Contracting Officer for any documents,
information, or forms necessary to comply
with the requirements of this clause.
(f) At the completion of the contract, the
contractor shall return all NASA information
and IT resources provided to the contractor
during the performance of the contract and
certify that all NASA information has been
purged from contractor-owned systems used
in the performance of the contract.
(g) The Contractor shall insert this clause,
including this paragraph (g), in all
subcontracts:
(1) Have physical or electronic access to
NASA’s computer systems, networks, or IT
infrastructure; or
(2) Use information systems to generate,
store, process, or exchange data with NASA
or on behalf of NASA, regardless of whether
the data resides on a NASA or a contractor’s
information system.
(End of clause)
[FR Doc. E7–9057 Filed 5–9–07; 8:45 am]
BILLING CODE 7510–01–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070321063–7098–02; I.D.
031607E]
RIN 0648–AV22
Magnuson-Stevens Fishery
Conservation and Management 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: Final rule.
AGENCY:
SUMMARY: NMFS announces approval of
an Operations Plan and Sector Contract
for the Georges Bank (GB) Cod Fixed
Gear Sector (Fixed Gear Sector) entitled:
‘‘GB Cod Fixed Gear Sector Operations
Plan and Agreement’’ (together referred
to as the Sector Operations Plan), and
the associated allocation of GB cod for
fishing year (FY) 2007. The intent of this
action is to allow regulated harvest of
Northeast (NE) multispecies by the
Fixed Gear Sector, consistent with the
Operations Plan and objectives of the
NE Multispecies Fishery Management
Plan (FMP).
DATES: Effective May 4, 2007, through
April 30, 2008.
ADDRESSES: Copies of the Fixed Gear
Sector Operations Plan and the
Environmental Assessment (EA) are
available upon request from the NE
Regional Office at the following mailing
address: George H. Darcy, Assistant
Regional Administrator for Sustainable
Fisheries, NMFS, Northeast Regional
Office, 1 Blackburn Drive, Gloucester,
MA 01930. These documents may also
be requested by calling (978) 281–9315.
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:
Framework Adjustment (FW) 42 (71 FR
62156, October 23, 2006) authorized the
Fixed Gear Sector and authorized the
Regional Administrator to allocate a GB
cod total allowable catch (TAC) to the
Fixed Gear Sector and exempt members
from FMP restrictions on an annual
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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations
basis. In order for GB cod to be allocated
to the Fixed Gear Sector, and for the
Fixed Gear Sector to be authorized to
fish for each fishing year, the Fixed Gear
Sector must submit an Operations Plan
and Sector Contract to the Regional
Administrator annually for approval.
In accordance with the regulations,
the Fixed Gear Sector submitted an
initial version of the Operations Plan
and Sector Contract, including a
supplemental environmental assessment
(EA) to NMFS on January 22, 2007. The
Fixed Gear Sector subsequently
submitted additional iterations of the
Operations Plan and EA to clarify the
Operations Plan and refine the analyses,
with a final submission date of March
7, 2007. The Fixed Gear Sector will be
overseen by a Board of Directors and a
Sector Manager. The Sector Contract
specifies, in accordance with
Amendment 13 to the FMP, that the
Sector’s GB cod TAC will be based upon
the number of Fixed Gear Sector
members and their qualifying historic
landings of GB cod. The GB cod TAC is
a ‘‘hard’’ quota, meaning that, once the
TAC is reached, Fixed Gear Sector
vessels will be prohibited from fishing
under a NE multispecies day-at-sea
(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) for the
remainder of FY 2007.
Each Fixed Gear Sector member will
be required to fish with jigs, demersal
longline, handgear or gillnets; remain in
the Fixed Gear Sector for the entire
fishing year; and be confined to fishing
in the Sector Area, which is that portion
of the GB cod stock area north of 39°00′
N. lat. and east of 71°40′ W. long. Fixed
Gear Sector members will be required to
comply with all pertinent Federal
fishing regulations, unless specifically
exempted by a Letter of Authorization
(LOA), and with the provisions of the
approved Operations Plan. Based on
approval of the Operations Plan, Fixed
Gear Sector members will be exempted
from the following restrictions of the
FMP: GB cod trip limit; the GB Seasonal
Closure Area (when fishing with hook
gear); and the 3,600–hook limit and
2,000–hook limit for vessels fishing
with longline gear in the GB), Gulf of
Maine (GOM) and Southern New
England (SNE) Regulated Mesh Areas
(RMAs), respectively. In addition, the
Operations Plan allows Fixed Gear
Sector members to fish in the ‘‘common
pool,’’ subject to all of the restrictions of
the FMP, prior to approval of the
Operations Plan. If Fixed Gear Sector
members fish during FY 2007 under
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‘‘common pool’’ rules, prior to fishing in
the approved Sector, all cod caught will
count towards the Fixed Gear Sector’s
GB cod TAC. This flexibility was
requested so that Fixed Gear Sector
members will be able to fish
immediately at the beginning of the
fishing year, and not be required to wait
until approval of the Operations Plan.
Justification for the proposed
exemptions and analysis of the potential
impacts of the Operations Plan are
contained in the EA. A Final Regulatory
Flexibility Analysis (FRFA) is contained
in the Classification section of this final
rule. On April 16, 2007, a proposed rule
was published in the Federal Register
(72 FR 18937) that requested comments
on the Operations Plan and EA. The
comment period closed on May 1, 2007.
Sixteen Fixed Gear Sector members
have signed the 2007 Sector Contract.
The GB cod TAC calculation is based
upon the qualifying historic cod
landings of the participating Fixed Gear
Sector vessels, using all gear. The
allocation percentage is calculated by
dividing the sum of total landings of GB
cod by Fixed Gear 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 (10,379,065 lb
(4,708 mt)/ 113,278,842 lb (51,382.4
mt)). The resulting number is 9.16
percent. Based upon the 16 Fixed Gear
Sector members, the Fixed Gear Sector
TAC of GB cod is 771.1 mt (9.16 percent
of the U.S. portion of the fishery-wide
GB cod target TAC of 8,416 mt) for FY
2007.
Comments and Responses
One comment was received on this
action from a member of the general
public during the public comment
period.
Comment 1: The commenter did not
specifically address either the
Operations Plan or EA, but suggested
that the Sector Area should be closed to
all fishing, asserting that the Sector Area
is overfished.
Response: Amendment 13 to the FMP
implemented a rebuilding plan for all
overfished stocks managed under the
FMP. As part of this rebuilding plan,
Amendment 13 established the process
by which a group of individuals may
form a sector. The Fixed Gear Sector is
a group of self-selecting fishermen that
have come together voluntarily and
cooperatively for the purposes of
efficiently harvesting GB cod under a
hard TAC to meet the overfishing
mandates of the Sustainable Fisheries
Act amendments to the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
PO 00000
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Act). The EA prepared for the Fixed
Gear Sector operations concludes that
the biological impacts will be positive
because the hard TAC for GB cod will
ensure that the Fixed Gear Sector
members will not contribute to the
overfishing of GB cod, and because the
elimination of the possession limit for
GB cod will result in more efficient
harvest of the cod TAC and, therefore,
a reduction in the amount of time gear
is in the water and available to interact
with protected resources. In addition,
the EA concludes that this action will
have a positive impact on Essential Fish
Habitat (EFH), given that vessels fishing
in this sector will be confined to gear
types that have less impact on EFH than
most other groundfish gears. Further, by
continuing to fish under their allocated
NE multispecies DAS as a method to
account for other regulated species
caught, the Fixed Gear Sector complies
with the rebuilding plan for all NE
multispecies stocks. The Sector Area
does not need to be closed to all fishing
because there are regulatory restrictions
in place design to protect and rebuild
fish stocks in accordance with
applicable laws.
LOAs will be issued to members of
the Fixed Gear Sector exempting them,
conditional upon their compliance with
the Sector Operations Plan, 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
NMFS has determined that this final
rule is consistent with the FMP, the
Magnuson-Stevens Act, and other
applicable laws.
Pursuant to 5 U.S.C. 553(d)(1), the
Assistant Administrator for Fisheries,
NOAA, (Assistant Administrator) finds
justification to waive the delay in
effectiveness of this action, because it
provides the basis for NMFS to
immediately grant sector members the
following exemptions from the
regulations implementing the FMP:
1. GB cod trip limit;
2. GB Seasonal Closure; and
3. GOM, GB and SNE limit on number
of hooks fished.
These regulations will remain
applicable to ‘‘common pool’’ vessels.
Because the Fixed Gear Sector will be
fishing under a hard TAC for GB cod,
effort controls (i.e., exemptions 1–3
above) are not necessary to constrain the
impact of the Fixed Gear Sector on the
GB cod stock. Should the Fixed Gear
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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations
Sector’s allocated GB cod TAC be
harvested, participating vessels would
no longer be allowed to fish under a NE
multispecies 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 charter/party
regulations). Fixed Gear Sector members
will be required to fish under their
current NE multispecies DAS allocation
to account for any other regulated NE
multispecies that they may catch while
fishing for GB cod and are restricted to
using hook gear only.
This final rule has been determined to
be not significant for purposes of
Executive Order (E.O.) 12866. This final
rule does not contain policies with
federalism or ‘‘takings’’ implications as
those terms are defined in E.O. 13132
and E.O. 12630, respectively. There are
no Federal rules that duplicate, overlap,
or conflict with this final rule.
An EA has been prepared for this final
rule in compliance with the National
Environmental Policy Act. A copy of
this EA may be obtained (see
ADDRESSES).
NMFS, pursuant to section 604 of the
RFA, prepared this FRFA in support of
the 2007 GB Cod Fixed Gear Sector
Operations Plan and allocation of GB
cod TAC. The FRFA incorporates the
economic impacts identified in the
Initial Regulatory Flexibility Analysis,
which was summarized in the preamble
of the proposed rule and the
corresponding analysis in the EA
prepared for this action. A description
of why this action was considered,
along with the objectives of, and the
legal basis for, this rule are contained in
the preamble to the proposed rule and
are not repeated here.
cprice-sewell on PRODPC61 with RULES
Summary of the Issues Raised by Public
Comments in Response to the IRFA. A
Summary of the Assessment of the
Agency of Such Issues, and a Statement
of Any Changes Made from the
Proposed Rule as a Result of Such
Comments
No comments pertaining to the IRFA
or the economic impacts of the rule
were received during the comment
period for this action.
Description of and Estimate of the
Number of Small Entities to Which the
Final Rule Would Apply
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
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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
according to this standard and,
therefore, there is no differential impact
between large and small entities. The
number of participants in the Fixed
Gear Sector is 16, substantially less than
the total number of active vessels in the
groundfish fishery (nearly 1,000). Only
these 16 vessels would be subject to the
regulatory exemptions and operational
restrictions proposed for the Fixed Gear
Sector for FY 2007.
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Final Rule
This final rule contains a collectionof-information requirement subject to
the Paperwork Reduction Act (PRA) and
which has been approved by Office of
Management and Budget (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.
Notwithstanding 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.
Description of Steps the Agency Has
Taken to Minimize the Significant
Economic Impact on Small Entities
Consistent with the Stated Objectives of
Applicable Statues
Because this action is limited to
reviewing and approving or
disapproving the 2007 Fixed Gear
Sector Operations Plan submitted by the
Fixed Gear Sector, only two alternatives
were considered regarding the
Operations Plan and allocation of GB
cod TAC: The no-action alternative and
the proposed alternative. Under the noaction alternative, all Fixed Gear Sector
vessels would remain in the common
pool of vessels and be subject to all of
the regulations implemented by
Amendment 13 and subsequent
PO 00000
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Fmt 4700
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26565
adjustments to the FMP, and would not
be allocated any portion of the GB cod
target TAC. The proposed alternative
implemented by this action enables
vessels to fish under the restrictions of
the Operations Plan summarized above
and allocates a portion of the GB cod
target TAC to Fixed Gear Sector vessels.
The fixed gear fishermen and the
Chatham and Harwichport, MA,
communities (homeports for all Fixed
Gear Sector vessels) 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. 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 that
disruption to the Chatham/Harwichport
communities would occur under the noaction alternative. In contrast, the
proposed alternative would positively
impact the 16 vessels that have
voluntarily joined the Fixed Gear
Sector, who are relatively dependent
upon cod revenue compared to other
participants in the groundfish fishery.
Approval of the Operations Plan
enables Fixed Gear Sector members to
fish under a set of rules crafted by
members in order to adapt to current
economic and fishing conditions. The
2007 Sector Operations Plan includes a
number of provisions that would allow
Fixed Gear Sector vessels to remain
economically viable, minimize vessel
expenses, and maximize consistent
revenue streams throughout the fishing
year compared to the no-action
alternative, without compromising
conservation objectives of the FMP.
Such provisions include the
establishment of a hard TAC for GB cod
landed by Fixed Gear Sector vessels, the
even distribution of the allocated GB
cod TAC throughout the fishing year, an
exemption from cod possession limits,
an exemption from the GB Seasonal
Closure Area for hook gear vessels, and
exemptions from the maximum number
of hooks that may be fished. By
facilitating the continued supply of
groundfish, the preferred alternative
allows Fixed Gear Sector vessels to
maximize revenues from available
fishing opportunities and, therefore,
minimizes adverse economic impacts on
small entities compared to the no-action
alternative.
Authority: 16 U.S.C. 1801 et seq.
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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations
Dated: May 4, 2007.
William T. Hogarth
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 07–2302 Filed 5–4–07; 2:47 pm]
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]]>Agencies
[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Rules and Regulations]
[Pages 26563-26566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2302]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070321063-7098-02; I.D. 031607E]
RIN 0648-AV22
Magnuson-Stevens Fishery Conservation and Management 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces approval of an Operations Plan and Sector
Contract for the Georges Bank (GB) Cod Fixed Gear Sector (Fixed Gear
Sector) entitled: ``GB Cod Fixed Gear Sector Operations Plan and
Agreement'' (together referred to as the Sector Operations Plan), and
the associated allocation of GB cod for fishing year (FY) 2007. The
intent of this action is to allow regulated harvest of Northeast (NE)
multispecies by the Fixed Gear Sector, consistent with the Operations
Plan and objectives of the NE Multispecies Fishery Management Plan
(FMP).
DATES: Effective May 4, 2007, through April 30, 2008.
ADDRESSES: Copies of the Fixed Gear Sector Operations Plan and the
Environmental Assessment (EA) are available upon request from the NE
Regional Office at the following mailing address: George H. Darcy,
Assistant Regional Administrator for Sustainable Fisheries, NMFS,
Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930.
These documents may also be requested by calling (978) 281-9315.
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: Framework Adjustment (FW) 42 (71 FR 62156,
October 23, 2006) authorized the Fixed Gear Sector and authorized the
Regional Administrator to allocate a GB cod total allowable catch (TAC)
to the Fixed Gear Sector and exempt members from FMP restrictions on an
annual
[[Page 26564]]
basis. In order for GB cod to be allocated to the Fixed Gear Sector,
and for the Fixed Gear Sector to be authorized to fish for each fishing
year, the Fixed Gear Sector must submit an Operations Plan and Sector
Contract to the Regional Administrator annually for approval.
In accordance with the regulations, the Fixed Gear Sector submitted
an initial version of the Operations Plan and Sector Contract,
including a supplemental environmental assessment (EA) to NMFS on
January 22, 2007. The Fixed Gear Sector subsequently submitted
additional iterations of the Operations Plan and EA to clarify the
Operations Plan and refine the analyses, with a final submission date
of March 7, 2007. The Fixed Gear Sector will be overseen by a Board of
Directors and a Sector Manager. The Sector Contract specifies, in
accordance with Amendment 13 to the FMP, that the Sector's GB cod TAC
will be based upon the number of Fixed Gear Sector members and their
qualifying historic landings of GB cod. The GB cod TAC is a ``hard''
quota, meaning that, once the TAC is reached, Fixed Gear Sector vessels
will be prohibited from fishing under a NE multispecies day-at-sea
(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) for
the remainder of FY 2007.
Each Fixed Gear Sector member will be required to fish with jigs,
demersal longline, handgear or gillnets; remain in the Fixed Gear
Sector for the entire fishing year; and be confined to fishing in the
Sector Area, which is that portion of the GB cod stock area north of
39[deg]00' N. lat. and east of 71[deg]40' W. long. Fixed Gear Sector
members will be required to comply with all pertinent Federal fishing
regulations, unless specifically exempted by a Letter of Authorization
(LOA), and with the provisions of the approved Operations Plan. Based
on approval of the Operations Plan, Fixed Gear Sector members will be
exempted from the following restrictions of the FMP: GB cod trip limit;
the GB Seasonal Closure Area (when fishing with hook gear); and the
3,600-hook limit and 2,000-hook limit for vessels fishing with longline
gear in the GB), Gulf of Maine (GOM) and Southern New England (SNE)
Regulated Mesh Areas (RMAs), respectively. In addition, the Operations
Plan allows Fixed Gear Sector members to fish in the ``common pool,''
subject to all of the restrictions of the FMP, prior to approval of the
Operations Plan. If Fixed Gear Sector members fish during FY 2007 under
``common pool'' rules, prior to fishing in the approved Sector, all cod
caught will count towards the Fixed Gear Sector's GB cod TAC. This
flexibility was requested so that Fixed Gear Sector members will be
able to fish immediately at the beginning of the fishing year, and not
be required to wait until approval of the Operations Plan.
Justification for the proposed exemptions and analysis of the potential
impacts of the Operations Plan are contained in the EA. A Final
Regulatory Flexibility Analysis (FRFA) is contained in the
Classification section of this final rule. On April 16, 2007, a
proposed rule was published in the Federal Register (72 FR 18937) that
requested comments on the Operations Plan and EA. The comment period
closed on May 1, 2007.
Sixteen Fixed Gear Sector members have signed the 2007 Sector
Contract. The GB cod TAC calculation is based upon the qualifying
historic cod landings of the participating Fixed Gear Sector vessels,
using all gear. The allocation percentage is calculated by dividing the
sum of total landings of GB cod by Fixed Gear 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
(10,379,065 lb (4,708 mt)/ 113,278,842 lb (51,382.4 mt)). The resulting
number is 9.16 percent. Based upon the 16 Fixed Gear Sector members,
the Fixed Gear Sector TAC of GB cod is 771.1 mt (9.16 percent of the
U.S. portion of the fishery-wide GB cod target TAC of 8,416 mt) for FY
2007.
Comments and Responses
One comment was received on this action from a member of the
general public during the public comment period.
Comment 1: The commenter did not specifically address either the
Operations Plan or EA, but suggested that the Sector Area should be
closed to all fishing, asserting that the Sector Area is overfished.
Response: Amendment 13 to the FMP implemented a rebuilding plan for
all overfished stocks managed under the FMP. As part of this rebuilding
plan, Amendment 13 established the process by which a group of
individuals may form a sector. The Fixed Gear Sector is a group of
self-selecting fishermen that have come together voluntarily and
cooperatively for the purposes of efficiently harvesting GB cod under a
hard TAC to meet the overfishing mandates of the Sustainable Fisheries
Act amendments to the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). The EA prepared for the Fixed
Gear Sector operations concludes that the biological impacts will be
positive because the hard TAC for GB cod will ensure that the Fixed
Gear Sector members will not contribute to the overfishing of GB cod,
and because the elimination of the possession limit for GB cod will
result in more efficient harvest of the cod TAC and, therefore, a
reduction in the amount of time gear is in the water and available to
interact with protected resources. In addition, the EA concludes that
this action will have a positive impact on Essential Fish Habitat
(EFH), given that vessels fishing in this sector will be confined to
gear types that have less impact on EFH than most other groundfish
gears. Further, by continuing to fish under their allocated NE
multispecies DAS as a method to account for other regulated species
caught, the Fixed Gear Sector complies with the rebuilding plan for all
NE multispecies stocks. The Sector Area does not need to be closed to
all fishing because there are regulatory restrictions in place design
to protect and rebuild fish stocks in accordance with applicable laws.
LOAs will be issued to members of the Fixed Gear Sector exempting
them, conditional upon their compliance with the Sector Operations
Plan, 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
NMFS has determined that this final rule is consistent with the
FMP, the Magnuson-Stevens Act, and other applicable laws.
Pursuant to 5 U.S.C. 553(d)(1), the Assistant Administrator for
Fisheries, NOAA, (Assistant Administrator) finds justification to waive
the delay in effectiveness of this action, because it provides the
basis for NMFS to immediately grant sector members the following
exemptions from the regulations implementing the FMP:
1. GB cod trip limit;
2. GB Seasonal Closure; and
3. GOM, GB and SNE limit on number of hooks fished.
These regulations will remain applicable to ``common pool''
vessels. Because the Fixed Gear Sector will be fishing under a hard TAC
for GB cod, effort controls (i.e., exemptions 1-3 above) are not
necessary to constrain the impact of the Fixed Gear Sector on the GB
cod stock. Should the Fixed Gear
[[Page 26565]]
Sector's allocated GB cod TAC be harvested, participating vessels would
no longer be allowed to fish under a NE multispecies 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 charter/party regulations). Fixed Gear Sector members will be
required to fish under their current NE multispecies DAS allocation to
account for any other regulated NE multispecies that they may catch
while fishing for GB cod and are restricted to using hook gear only.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866. This final rule does not
contain policies with federalism or ``takings'' implications as those
terms are defined in E.O. 13132 and E.O. 12630, respectively. There are
no Federal rules that duplicate, overlap, or conflict with this final
rule.
An EA has been prepared for this final rule in compliance with the
National Environmental Policy Act. A copy of this EA may be obtained
(see ADDRESSES).
NMFS, pursuant to section 604 of the RFA, prepared this FRFA in
support of the 2007 GB Cod Fixed Gear Sector Operations Plan and
allocation of GB cod TAC. The FRFA incorporates the economic impacts
identified in the Initial Regulatory Flexibility Analysis, which was
summarized in the preamble of the proposed rule and the corresponding
analysis in the EA prepared for this action. A description of why this
action was considered, along with the objectives of, and the legal
basis for, this rule are contained in the preamble to the proposed rule
and are not repeated here.
Summary of the Issues Raised by Public Comments in Response to the
IRFA. A Summary of the Assessment of the Agency of Such Issues, and a
Statement of Any Changes Made from the Proposed Rule as a Result of
Such Comments
No comments pertaining to the IRFA or the economic impacts of the
rule were received during the comment period for this action.
Description of and Estimate of the Number of Small Entities to Which
the Final Rule Would Apply
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 according to this standard and,
therefore, there is no differential impact between large and small
entities. The number of participants in the Fixed Gear Sector is 16,
substantially less than the total number of active vessels in the
groundfish fishery (nearly 1,000). Only these 16 vessels would be
subject to the regulatory exemptions and operational restrictions
proposed for the Fixed Gear Sector for FY 2007.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Final Rule
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA) and which has been
approved by Office of Management and Budget (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. Notwithstanding 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.
Description of Steps the Agency Has Taken to Minimize the Significant
Economic Impact on Small Entities Consistent with the Stated Objectives
of Applicable Statues
Because this action is limited to reviewing and approving or
disapproving the 2007 Fixed Gear Sector Operations Plan submitted by
the Fixed Gear Sector, only two alternatives were considered regarding
the Operations Plan and allocation of GB cod TAC: The no-action
alternative and the proposed alternative. Under the no-action
alternative, all Fixed Gear Sector vessels would remain in the common
pool of vessels and be subject to all of the regulations implemented by
Amendment 13 and subsequent adjustments to the FMP, and would not be
allocated any portion of the GB cod target TAC. The proposed
alternative implemented by this action enables vessels to fish under
the restrictions of the Operations Plan summarized above and allocates
a portion of the GB cod target TAC to Fixed Gear Sector vessels.
The fixed gear fishermen and the Chatham and Harwichport, MA,
communities (homeports for all Fixed Gear Sector vessels) 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. 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 that disruption to the
Chatham/Harwichport communities would occur under the no-action
alternative. In contrast, the proposed alternative would positively
impact the 16 vessels that have voluntarily joined the Fixed Gear
Sector, who are relatively dependent upon cod revenue compared to other
participants in the groundfish fishery.
Approval of the Operations Plan enables Fixed Gear Sector members
to fish under a set of rules crafted by members in order to adapt to
current economic and fishing conditions. The 2007 Sector Operations
Plan includes a number of provisions that would allow Fixed Gear Sector
vessels to remain economically viable, minimize vessel expenses, and
maximize consistent revenue streams throughout the fishing year
compared to the no-action alternative, without compromising
conservation objectives of the FMP. Such provisions include the
establishment of a hard TAC for GB cod landed by Fixed Gear Sector
vessels, the even distribution of the allocated GB cod TAC throughout
the fishing year, an exemption from cod possession limits, an exemption
from the GB Seasonal Closure Area for hook gear vessels, and exemptions
from the maximum number of hooks that may be fished. By facilitating
the continued supply of groundfish, the preferred alternative allows
Fixed Gear Sector vessels to maximize revenues from available fishing
opportunities and, therefore, minimizes adverse economic impacts on
small entities compared to the no-action alternative.
Authority: 16 U.S.C. 1801 et seq.
[[Page 26566]]
Dated: May 4, 2007.
William T. Hogarth
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 07-2302 Filed 5-4-07; 2:47 pm]
BILLING CODE 3510-22-S
