Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2008 Georges Bank Cod Hook Sector Operations Plan and Agreement and Allocation of Georges Bank Cod Total Allowable Catch, 11376-11380 [E8-4039]
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Proposed Rules
held at U.S. government facilities,
everyone planning to attend the hearing
should be prepared to show valid
picture identification to the security
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meeting room. In addition, you will
need to obtain a property pass for any
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Upon leaving the building, you will be
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demonstrations will not be allowed on
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FOR FURTHER INFORMATION CONTACT: If
you would like to speak at the public
hearing or have questions concerning
the public hearing, please contact Ms.
Pamela Long, U.S. Environmental
Protection Agency, OAQPS, Air Quality
Planning Division (C504–03), Research
Triangle Park, NC 27711, telephone
(919) 541–0641, fax number (919) 541–
5509, e-mail address long.pam@epa.gov.
Questions concerning the January 8,
2008, proposed rule should be
addressed to Mr. Tom Coda, U.S. EPA,
Office of Air Quality Planning and
Standards, Air Quality Policy Division,
(C504–03), Research Triangle Park, NC
27711, telephone number (919) 541–
3307, e-mail at coda.tom@epa.gov.
SUPPLEMENTARY INFORMATION: The
January 8, 2008, proposed rule proposes
to revise its regulations relating to the
Clean Air Act (CAA) requirement that
Federal actions conform to the
appropriate State, Tribal or Federal
implementation plan for attaining clean
air (‘‘general conformity’’). EPA has only
revised the General Conformity
Regulations once since they were
promulgated in 1993 to include de
minimis emission levels for fine
particulate matter and its precursors
(July 17, 2006). Over this period, States,
EPA and other Federal agencies have
gained experience with the
implementation of the existing
regulations and have identified several
issues with their implementation. In
addition, in 2004, EPA issued
regulations to implement the revised
ozone standard and in 2007, issued
regulations to implement the new fine
particulate matter standard. These
regulations affect the timing and process
for general conformity determinations.
State and other air quality agencies are
in the process of developing revised
plans to attain the new standards and
the proposed revisions to the General
Conformity Regulations will be helpful
to the State, Tribe, and local agencies as
well as the Federal agencies in
developing and commenting on the
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proposed SIP revisions. This proposed
rule revision provides for a streamline
process for Federal agencies and States
and Tribes to collaborate and ensure
Federal activities are incorporated in
these State implementation plans.
Where that is not possible, it provides
an efficient and effective process for
Federal agencies to ensure their actions
do not cause or contribute to a violation
of the national ambient air quality
standards (NAAQS) or interfere with the
purpose of a State, Tribal or Federal
implementation plan to attain or
maintain the NAAQS.
Public hearing: The proposal for
which EPA is holding the public
hearing was published in the Federal
Register on January 8, 2008, (73 FR
1402) and is available at: https://
www.epa.gov/oar/genconform/regs.htm.
The public hearing will provide
interested parties the opportunity to
present data, views, or arguments
concerning the supplemental rule
proposal. The EPA may ask clarifying
questions during the oral presentations,
but will not respond to the
presentations at that time. Written
statements and supporting information
submitted during the comment period
will be considered with the same weight
as any oral comments and supporting
information presented at the public
hearing. Written comments on the
proposed rule were requested to be
postmarked by March 10, 2008, which
is the closing date for the comment
period, as specified in the proposal for
the rule. However, the record will
remain open until April 14, 2008, to
allow 30 days after the public hearing
for submittal of additional information.
Commenters should notify Ms. Long if
they will need specific equipment, or if
there are other special needs related to
providing comments at the hearing. The
EPA will provide equipment for
commenters to show overhead slides or
make computerized slide presentations
if we receive special requests in
advance. Oral testimony will be limited
to 5 minutes for each commenter. The
EPA encourages commenters to provide
EPA with a copy of their oral testimony
electronically (via e-mail or CD) or in
hard copy form.
The hearing schedule, including lists
of speakers, will be posted on EPA’s
Web site https://www.epa.gov/oar/
genconform/regs.htm. Verbatim
transcripts of the hearing and written
statements will be included in the
docket for the rulemaking.
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How Can I Get Copies of This
Document and Other Related
Information?
The EPA has established the official
public docket for the supplemental
proposed rule entitled ‘‘Revisions to the
General Conformity’’ under Docket ID
No. EPA–HQ–OAR–2006–0669. In the
January 8, 2008, 73 FR 1402, Revisions
to the General Conformity Regulations:
Proposed Rule, there was an error made
in citing the docket number. The
appropriate docket number for the
January 8, 2008 proposed rulemaking is
EPA–HQ–OAR–2006–0669. Please
submit all comments to docket number
EPA–HQ–OAR–2006–0669 when
commenting on the January 8, 2008
proposed rule.
As stated previously, the proposed
rule was published in the Federal
Register on January 8, 2008 (73 FR
1402) and is available at https://
www.epa.gov/oar/genconform/regs.htm.
Dated: February 22, 2008.
Jenny N. Edmonds,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. E8–4031 Filed 2–29–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071017599–7600–01]
RIN 0648–AW16
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2008 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: The Georges Bank (GB) Cod
Hook Sector (Hook Sector) has
submitted an Operations Plan and
Sector Contract entitled, ‘‘Georges Bank
Cod Hook Sector Fishing Year 2008–
2009 Operations Plan and Agreement’’
(together referred to as the Sector
Agreement), and an Environmental
Assessment (EA), and has requested an
allocation of GB cod, consistent with the
Northeast (NE) Multispecies Fishery
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Proposed Rules
Management Plan (FMP). This rule
proposes to modify the eligibility
criteria for membership in both the
Hook Sector and the GB Cod Fixed Gear
Sector (Fixed Gear Sector). This
proposed rule provides interested
parties an opportunity to comment on
the proposed Hook Gear Sector
Agreement prior to final approval or
disapproval of the Hook Sector
Operations Plan and allocation of GB
cod Total Allowable Catch (TAC) to the
Hook Sector for the 2008 fishing year
(FY).
Written comments must be
received on or before March 18, 2008.
ADDRESSES: You may submit comments,
identified by 0648–AW16, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-rulemaking portal: https://
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope,
‘‘Comments on the U.S./Canada TACs.’’
• Fax: (978) 281–9135.
Instructions: All comments received
are part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publically accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF formats only.
Copies of the Sector Agreement and
the EA are available from the NE
Regional Office at the mailing address
specified above.
FOR FURTHER INFORMATION CONTACT:
Thomas Warren, Fishery Policy Analyst,
phone (978) 281–9347, fax (978) 281–
9135, e-mail
Thomas.Warren@NOAA.gov.
DATES:
NMFS
announces that the Administrator,
Northeast Region, NMFS (Regional
Administrator), has made a preliminary
determination that the Hook Sector
Agreement, which contains the Sector
Contract and Operations Plan, is
consistent with the goals of the FMP
and other applicable law and is in
compliance with the regulations
governing the development and
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SUPPLEMENTARY INFORMATION:
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operation of a sector as specified under
§ 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 (or days-at-sea (DAS)) for a
specific groundfish species,
implemented restrictions that apply to
all sectors, authorized the Hook Sector,
established the GB Cod Hook Sector
Area (Sector Area), and specified a
formula for the allocation of GB cod
TAC to the Hook Sector.
The principal Amendment 13
regulations applying to the Hook Sector
specify that: (1) All vessels with a valid
limited access NE multispecies DAS
permit are eligible to participate in the
Hook 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 Hook Sector is
voluntary, and each member is required
to remain in the Hook 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 Hook Sector (participating
vessels) are confined to fishing in the
Hook Sector Area, which is that portion
of the GB cod stock area north of 39° 00′
N. lat. and east of 79° 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
Hook Sector, in order for GB cod to be
allocated to the Hook Sector and the
Hook Sector authorized to fish, the
Hook 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 Hook
Sector participants and a plan
containing the management rules that
the Hook Sector participants agree to
abide by in order to avoid exceeding the
allocated TAC. An additional analysis of
the impacts of the Hook 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
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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 Hook Sector was authorized to
fish in FYs 2004, 2005, 2006, and 2007,
and, based upon the GB cod landings
history of its members, was allocated
12.60, 11.70, 10.03, and 8.02 percent,
respectively, of the annual GB cod TAC.
On September 28, 2007, the Hook
Sector submitted a FY 2008 Operations
Plan and Sector Agreement and an
Environmental Assessment (EA) to
NMFS. The proposed 2008 Hook Sector
Agreement and Operations Plan
contains the same elements and
proposed exemptions as the 2007 Hook
Sector Agreement. The Hook Sector
Agreement would be overseen by a
Board of Directors and a Hook Sector
Manager. The Hook Sector Agreement
specifies, in accordance with
Amendment 13, that the Hook Sector’s
GB cod TAC would be based upon the
number of Hook Sector members and
their historic landings of GB cod. The
GB cod TAC is a ‘‘hard’’ TAC, meaning
that, once the TAC is reached, Hook
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 Hook
Sector’s allocation would be reduced by
the overharvest in the following year.
The proposed 2008 Operations Plan
proposes the same exemptions, as in
2007, 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 Area; 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
Hook 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 summary of the Initial Regulatory
Flexibility Analysis (IRFA) is in the
Classification section of this proposed
rule.
Nineteen prospective Hook Sector
members signed the 2008 Hook Sector
Contract. The GB cod TAC calculation
is based upon the historic cod landings
of the participating Hook Sector vessels,
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regardless of gear used. The allocation
percentage is calculated by dividing the
sum of total landings of GB cod landed
by prospective Hook 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. Based
upon the 19 prospective Hook Sector
members (and their associated GB cod
history), the Hook Sector’s share of the
overall U.S. portion of the GB cod TAC
would be 6.01 percent, or 1,354,393 lb
(614 mt) (6.01 percent times the fisherywide GB cod target TAC of 22,535,656
lb (10,222 mt)). If prospective members
of the Hook Sector decide to not
participate in the Hook Sector after the
publication of this document and prior
to a final decision by the Regional
Administrator, the total number of
participants in the Hook Sector and the
Hook Sector TAC would be reduced
from the numbers stated above.
The Hook Sector Agreement contains
procedures for the enforcement of the
Hook Sector rules and a schedule of
penalties, and provides the authority to
the Hook Sector Manager to issue stop
fishing orders to members of the Hook
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 Hook Sector
Manager with a copy of the dealer report
on a weekly basis. On a monthly basis,
the Hook Sector Manager would
transmit to NMFS a copy of the VTRs
and the aggregate catch information
from these reports. After 90 percent of
the Hook Sector’s allocation has been
harvested, the Hook Sector Manager
would be required to provide NMFS
with aggregate reports on a weekly
basis. A total of 1/12 of the Hook
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, Hook 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
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rules would not preclude vessels from
fishing under the charter/party or
recreational regulations, provided the
vessel fishes under the applicable
charter/party and recreational rules on
separate trips. For each fishing trip,
participating vessels would be required
to fish under the NE multispecies DAS
program to account for any incidental
groundfish species that they may catch
while fishing for GB cod. In addition,
participating vessels would be required
to call the Hook Sector Manager prior to
leaving port. All legal-sized cod caught
would be retained and landed and
counted against the Hook 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
2008 would be deducted from that Hook
Sector member’s individual DAS
allocation. Similarly, all GB cod landed
by a participating vessel while
conducting research would count
toward the Hook 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 Hook Sector
operations concludes that the biological
impacts of the Hook 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 Hook Sector. Implementation of
the Hook 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 Hook Sector concludes that Hook
Sector members would realize higher
economic returns if the Hook Sector
were implemented. The EA asserts that
fishing in accordance with the Hook
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 Hook Sector
would accrue to Hook Sector members,
as well as the Chatham/Harwichport,
MA, community, which is highly
dependent upon groundfish revenues.
The EA concludes that the selfgoverning nature of the Hook Sector and
the development of rules by the Hook
Sector enables stewardship of the cod
resource by Hook Sector members. The
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cumulative impacts of the Hook Sector
are expected to be positive due to a
positive biological impact, neutral
impact on habitat, and a positive social
and economic impact. In contrast, the
cumulative impact of the no action
alternative is estimated to be neutral,
with negative social and economic
impacts.
Should the Regional Administrator
approve the Hook Sector Agreement as
proposed, a Letter of Authorization
would be issued to each member of the
Hook Sector exempting them,
conditional upon their compliance with
the Hook 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.
NMFS also proposes to modify the
regulations that define eligibility criteria
for membership in the Hook Sector and
the Fixed Gear Sector, in order to be
consistent with the Council intent. The
eligibility criteria for membership in the
Hook Sector and Fixed Gear Sector were
implemented by Amendment 13 and
Framework Adjustment 42 (69 FR
22906, April 27, 2004; and 71 FR 62156,
October 23, 2006, respectively). Of the
several eligibility criteria for both these
sectors in the implementing regulations,
a criterion requiring documented
landings of GB cod was not explicitly
included as a criterion in the Council
documents that proposed formation of
the sectors. The implications of this
eligibility criterion (requiring landings
history of GB cod) were not apparent at
the time of implementation, but became
apparent during the evaluation of sector
Operations Plans for FY 2008. Because
the proposed roster for the Fixed Gear
Sector for 2008 contains vessels that did
not land GB cod during the period 1996
to 2001, the current regulations would
prevent such vessels without landings
from joining a sector.
During the formation of the Hook
Sector and Fixed Gear Sector, it was
assumed that only vessels with GB cod
landings would be interested in joining
the sector, and therefore the landings
criterion was not perceived as
exclusionary. However, NMFS
evaluated the pertinent information
regarding the development of this
regulation and concluded that this
eligibility criterion does not reflect
Council intent. Based on this
evaluation, NMFS is proposing a
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correction to the current regulations by
eliminating the eligibility requirement
(for landings) because it precludes
vessels without GB cod landings history
from joining either sector, and is more
restrictive than the Council intent.
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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 (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 gross sales. All
permitted and participating vessels in
the groundfish fishery, including
prospective Hook Sector members, are
considered to be small entities because
gross sales 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 Hook Sector is 19 (or less),
substantially less than the total number
of active vessels in the groundfish
fishery. These 19 vessels would be
subject to the regulatory exemptions and
operational restrictions proposed for the
Hook Sector for FY 2008.
Economic Impacts of the Proposed
Action
The proposed alternative would
allocate a GB cod TAC of 614 mt to the
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 Hook Sector during FY 2008 may
not fish for NE multispecies under a NE
multispecies DAS during FY 2008 until
the Hook Sector Operations Plan is
approved. Hook Sector vessels may only
fish with jigs, non-automated demersel
longline, or handgear. Under the
proposed Operations Plan, members
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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
Hook Sector 19 (or fewer) vessels that
have voluntarily joined the Hook Sector,
who are relatively dependant upon
groundfish 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
communities involved in the groundfish
fishery. During FY 2006, members of the
Hook Sector made 359 fishing trips,
landed 179,616 lb (81,472 kg) of cod and
258,544 lb (117,274 kg) of haddock, and
generated approximately $ 269,424, and
$ 310,253 in revenue from those species,
respectively (assuming a dock-side price
of $ 1.50 and $1.20 per lb, respectively).
Hook Sector members also landed
various other species, which
contributed additionally to their
revenue. In general, the operation of the
Hook 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 Hook 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, Hook 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 Hook Sector,
participation in the Hook Sector enables
their businesses to remain economically
viable.
Modification of the eligibility criteria
for the Hook Sector and the Fixed Gear
Sector would allow vessels without a
history of landing GB cod the
opportunity to participate in a sector
and to therefore take advantage of the
associated sector efficiencies and
financial benefits. The number of
vessels that this modification would
impact is likely very small.
Economic Impacts of Alternatives to the
Proposed Action
Under the No Action alternative, all
Hook Sector members would remain in
the common pool of vessels and fish
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11379
under all the rules implemented by
Amendment 13 and subsequent
framework adjustments. Under the
regulatory scenario of the No Action
alternative, Hook 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 hookgear vessels,
revenues for Hook Sector members are
sensitive to regulations that impact how
and when they can fish for cod, such as
trip limits and hook gear restrictions.
Hook Sector members would be
unnecessarily impacted by regulations
designed to affect the catch of species
that hook gear catches very little of (e.g.,
yellowtail flounder, because hook gear
is more selective than other gear types).
For example, under the No Action
alternative, Hook Sector members
would be affected by the differential
DAS counting requirement, one of the
objectives of which is to protect
yellowtail flounder.
If no action is taken to modify the
sector eligibility criteria, vessels without
a history of landing GB cod would not
have an opportunity to participate in a
sector and take advantage of the
associated sector efficiencies and
financial benefits. The number of
vessels affected however, is likely very
small.
No other alternatives beyond the No
Action were considered as part of this
proposed action. The RFA requires each
IRFA to include a description of
significant alternatives that accomplish
the objectives of applicable statues (in
this case, sector provisions) and
minimize any significant economic
impact to small entities. The objectives
of sector management, as originally
developed and implemented under
Amendment 13 to the NE Multispecies
FMP, are to provide opportunities for
like-minded vessel operators to govern
themselves so that they can operate in
a more effective and efficient manner.
The GB Cod Hook Sector developed the
proposed operations plan after
consultation with prospective members.
Prospective members then signed a
binding sector contract to abide by the
measures specified in the proposed
operations plan. As described above, the
proposed operations plan minimizes
economic impacts to participating
vessels by allowing them to operate
more efficiently. Accordingly, the
proposed operations plan reflects the
management measures preferred by
vessels participating in the GB Cod
Hook Sector during FY 2008 and
represents all of the significant
alternatives that accomplish the
objectives of sector provisions and
E:\FR\FM\03MRP1.SGM
03MRP1
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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Proposed Rules
minimize economic impacts to small
entities, as required by the RFA.
Therefore, in conjunction with the
NEPA requirement to consider a
reasonable range of alternatives, no
other alternatives were considered as
part of this proposed action.
proposed TAC allocations and plans of
operation of sectors.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
record keeping requirements.
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Proposed Action
rmajette on PROD1PC64 with PROPOSALS
This proposed rule contains no
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA).
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
VerDate Aug<31>2005
14:20 Feb 29, 2008
Jkt 214001
Dated: February 26, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
2. In § 648.87, paragraphs (d)(1)(ii)
and (d)(2)(i) are revised to read as
follows:
§ 648.87
Sector allocation.
*
*
*
*
*
(d) * * *
(1) * * *
(ii) Eligibility. All vessels issued a
valid limited access NE multispecies
DAS permit are eligible to participate in
the GB Cod Hook Sector.
*
*
*
*
*
(2) * * *
(i) Eligibility. All vessels issued a
valid limited access NE multispecies
DAS permit are eligible to participate in
the GB Cod Fixed Gear Sector.
*
*
*
*
*
[FR Doc. E8–4039 Filed 2–29–08; 8:45 am]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Proposed Rules]
[Pages 11376-11380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4039]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071017599-7600-01]
RIN 0648-AW16
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2008 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.
-----------------------------------------------------------------------
SUMMARY: The Georges Bank (GB) Cod Hook Sector (Hook Sector) has
submitted an Operations Plan and Sector Contract entitled, ``Georges
Bank Cod Hook Sector Fishing Year 2008-2009 Operations Plan and
Agreement'' (together referred to as the Sector Agreement), and an
Environmental Assessment (EA), and has requested an allocation of GB
cod, consistent with the Northeast (NE) Multispecies Fishery
[[Page 11377]]
Management Plan (FMP). This rule proposes to modify the eligibility
criteria for membership in both the Hook Sector and the GB Cod Fixed
Gear Sector (Fixed Gear Sector). This proposed rule provides interested
parties an opportunity to comment on the proposed Hook Gear Sector
Agreement prior to final approval or disapproval of the Hook Sector
Operations Plan and allocation of GB cod Total Allowable Catch (TAC) to
the Hook Sector for the 2008 fishing year (FY).
DATES: Written comments must be received on or before March 18, 2008.
ADDRESSES: You may submit comments, identified by 0648-AW16, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-rulemaking portal: https://
www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of
the envelope, ``Comments on the U.S./Canada TACs.''
Fax: (978) 281-9135.
Instructions: All comments received are part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publically
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF formats only.
Copies of the Sector Agreement and the EA are available from the NE
Regional Office at the mailing address specified above.
FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy
Analyst, phone (978) 281-9347, fax (978) 281-9135, e-mail
Thomas.Warren@NOAA.gov.
SUPPLEMENTARY INFORMATION: NMFS announces that the Administrator,
Northeast Region, NMFS (Regional Administrator), has made a preliminary
determination that the Hook Sector Agreement, which contains the Sector
Contract and Operations Plan, is consistent with the goals of the FMP
and other applicable law and is in compliance with the regulations
governing the development and operation of a sector as specified under
Sec. 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 (or days-at-sea
(DAS)) for a specific groundfish species, implemented restrictions that
apply to all sectors, authorized the Hook Sector, established the GB
Cod Hook Sector Area (Sector Area), and specified a formula for the
allocation of GB cod TAC to the Hook Sector.
The principal Amendment 13 regulations applying to the Hook Sector
specify that: (1) All vessels with a valid limited access NE
multispecies DAS permit are eligible to participate in the Hook 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 Hook Sector is voluntary, and each member is required
to remain in the Hook 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 Hook
Sector (participating vessels) are confined to fishing in the Hook
Sector Area, which is that portion of the GB cod stock area north of
39[deg] 00' N. lat. and east of 79[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 Hook Sector, in order for GB cod
to be allocated to the Hook Sector and the Hook Sector authorized to
fish, the Hook 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 Hook Sector participants and a plan
containing the management rules that the Hook Sector participants agree
to abide by in order to avoid exceeding the allocated TAC. An
additional analysis of the impacts of the Hook 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 Hook Sector was authorized to fish in FYs 2004, 2005, 2006, and
2007, and, based upon the GB cod landings history of its members, was
allocated 12.60, 11.70, 10.03, and 8.02 percent, respectively, of the
annual GB cod TAC.
On September 28, 2007, the Hook Sector submitted a FY 2008
Operations Plan and Sector Agreement and an Environmental Assessment
(EA) to NMFS. The proposed 2008 Hook Sector Agreement and Operations
Plan contains the same elements and proposed exemptions as the 2007
Hook Sector Agreement. The Hook Sector Agreement would be overseen by a
Board of Directors and a Hook Sector Manager. The Hook Sector Agreement
specifies, in accordance with Amendment 13, that the Hook Sector's GB
cod TAC would be based upon the number of Hook Sector members and their
historic landings of GB cod. The GB cod TAC is a ``hard'' TAC, meaning
that, once the TAC is reached, Hook 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 Hook Sector's allocation would be
reduced by the overharvest in the following year.
The proposed 2008 Operations Plan proposes the same exemptions, as
in 2007, 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 Area; 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 Hook 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 summary of
the Initial Regulatory Flexibility Analysis (IRFA) is in the
Classification section of this proposed rule.
Nineteen prospective Hook Sector members signed the 2008 Hook
Sector Contract. The GB cod TAC calculation is based upon the historic
cod landings of the participating Hook Sector vessels,
[[Page 11378]]
regardless of gear used. The allocation percentage is calculated by
dividing the sum of total landings of GB cod landed by prospective Hook
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. Based upon the 19 prospective Hook Sector
members (and their associated GB cod history), the Hook Sector's share
of the overall U.S. portion of the GB cod TAC would be 6.01 percent, or
1,354,393 lb (614 mt) (6.01 percent times the fishery-wide GB cod
target TAC of 22,535,656 lb (10,222 mt)). If prospective members of the
Hook Sector decide to not participate in the Hook Sector after the
publication of this document and prior to a final decision by the
Regional Administrator, the total number of participants in the Hook
Sector and the Hook Sector TAC would be reduced from the numbers stated
above.
The Hook Sector Agreement contains procedures for the enforcement
of the Hook Sector rules and a schedule of penalties, and provides the
authority to the Hook Sector Manager to issue stop fishing orders to
members of the Hook 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 Hook Sector Manager with a
copy of the dealer report on a weekly basis. On a monthly basis, the
Hook Sector Manager would transmit to NMFS a copy of the VTRs and the
aggregate catch information from these reports. After 90 percent of the
Hook Sector's allocation has been harvested, the Hook Sector Manager
would be required to provide NMFS with aggregate reports on a weekly
basis. A total of 1/12 of the Hook 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, Hook Sector
members could not fish under a NE multispecies DAS, possess or land GB
cod or other regulated species, or use gear capable of catching
regulated NE multispecies for the rest of the fishing year. The harvest
rules would not preclude vessels from fishing under the charter/party
or recreational regulations, provided the vessel fishes under the
applicable charter/party and recreational rules on separate trips. For
each fishing trip, participating vessels would be required to fish
under the NE multispecies DAS program to account for any incidental
groundfish species that they may catch while fishing for GB cod. In
addition, participating vessels would be required to call the Hook
Sector Manager prior to leaving port. All legal-sized cod caught would
be retained and landed and counted against the Hook 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 2008 would be deducted from that Hook Sector member's individual DAS
allocation. Similarly, all GB cod landed by a participating vessel
while conducting research would count toward the Hook 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 Hook Sector operations concludes that the
biological impacts of the Hook 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 Hook Sector. Implementation of the Hook
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 Hook Sector concludes that Hook Sector members
would realize higher economic returns if the Hook Sector were
implemented. The EA asserts that fishing in accordance with the Hook
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 Hook Sector would accrue to Hook Sector members, as well as the
Chatham/Harwichport, MA, community, which is highly dependent upon
groundfish revenues. The EA concludes that the self-governing nature of
the Hook Sector and the development of rules by the Hook Sector enables
stewardship of the cod resource by Hook Sector members. The cumulative
impacts of the Hook Sector are expected to be positive due to a
positive biological impact, neutral impact on habitat, and a positive
social and economic impact. In contrast, the cumulative impact of the
no action alternative is estimated to be neutral, with negative social
and economic impacts.
Should the Regional Administrator approve the Hook Sector Agreement
as proposed, a Letter of Authorization would be issued to each member
of the Hook Sector exempting them, conditional upon their compliance
with the Hook 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.
NMFS also proposes to modify the regulations that define
eligibility criteria for membership in the Hook Sector and the Fixed
Gear Sector, in order to be consistent with the Council intent. The
eligibility criteria for membership in the Hook Sector and Fixed Gear
Sector were implemented by Amendment 13 and Framework Adjustment 42 (69
FR 22906, April 27, 2004; and 71 FR 62156, October 23, 2006,
respectively). Of the several eligibility criteria for both these
sectors in the implementing regulations, a criterion requiring
documented landings of GB cod was not explicitly included as a
criterion in the Council documents that proposed formation of the
sectors. The implications of this eligibility criterion (requiring
landings history of GB cod) were not apparent at the time of
implementation, but became apparent during the evaluation of sector
Operations Plans for FY 2008. Because the proposed roster for the Fixed
Gear Sector for 2008 contains vessels that did not land GB cod during
the period 1996 to 2001, the current regulations would prevent such
vessels without landings from joining a sector.
During the formation of the Hook Sector and Fixed Gear Sector, it
was assumed that only vessels with GB cod landings would be interested
in joining the sector, and therefore the landings criterion was not
perceived as exclusionary. However, NMFS evaluated the pertinent
information regarding the development of this regulation and concluded
that this eligibility criterion does not reflect Council intent. Based
on this evaluation, NMFS is proposing a
[[Page 11379]]
correction to the current regulations by eliminating the eligibility
requirement (for landings) because it precludes vessels without GB cod
landings history from joining either sector, and is more restrictive
than the Council intent.
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 (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 gross sales. All
permitted and participating vessels in the groundfish fishery,
including prospective Hook Sector members, are considered to be small
entities because gross sales 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 Hook Sector is 19 (or less), substantially less
than the total number of active vessels in the groundfish fishery.
These 19 vessels would be subject to the regulatory exemptions and
operational restrictions proposed for the Hook Sector for FY 2008.
Economic Impacts of the Proposed Action
The proposed alternative would allocate a GB cod TAC of 614 mt to
the 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 Hook
Sector during FY 2008 may not fish for NE multispecies under a NE
multispecies DAS during FY 2008 until the Hook Sector Operations Plan
is approved. Hook 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
Hook Sector 19 (or fewer) vessels that have voluntarily joined the Hook
Sector, who are relatively dependant upon groundfish 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 communities
involved in the groundfish fishery. During FY 2006, members of the Hook
Sector made 359 fishing trips, landed 179,616 lb (81,472 kg) of cod and
258,544 lb (117,274 kg) of haddock, and generated approximately $
269,424, and $ 310,253 in revenue from those species, respectively
(assuming a dock-side price of $ 1.50 and $1.20 per lb, respectively).
Hook Sector members also landed various other species, which
contributed additionally to their revenue. In general, the operation of
the Hook 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 Hook 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, Hook
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 Hook
Sector, participation in the Hook Sector enables their businesses to
remain economically viable.
Modification of the eligibility criteria for the Hook Sector and
the Fixed Gear Sector would allow vessels without a history of landing
GB cod the opportunity to participate in a sector and to therefore take
advantage of the associated sector efficiencies and financial benefits.
The number of vessels that this modification would impact is likely
very small.
Economic Impacts of Alternatives to the Proposed Action
Under the No Action alternative, all Hook 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, Hook 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 hookgear vessels, revenues for
Hook Sector members are sensitive to regulations that impact how and
when they can fish for cod, such as trip limits and hook gear
restrictions. Hook Sector members would be unnecessarily impacted by
regulations designed to affect the catch of species that hook gear
catches very little of (e.g., yellowtail flounder, because hook gear is
more selective than other gear types). For example, under the No Action
alternative, Hook Sector members would be affected by the differential
DAS counting requirement, one of the objectives of which is to protect
yellowtail flounder.
If no action is taken to modify the sector eligibility criteria,
vessels without a history of landing GB cod would not have an
opportunity to participate in a sector and take advantage of the
associated sector efficiencies and financial benefits. The number of
vessels affected however, is likely very small.
No other alternatives beyond the No Action were considered as part
of this proposed action. The RFA requires each IRFA to include a
description of significant alternatives that accomplish the objectives
of applicable statues (in this case, sector provisions) and minimize
any significant economic impact to small entities. The objectives of
sector management, as originally developed and implemented under
Amendment 13 to the NE Multispecies FMP, are to provide opportunities
for like-minded vessel operators to govern themselves so that they can
operate in a more effective and efficient manner. The GB Cod Hook
Sector developed the proposed operations plan after consultation with
prospective members. Prospective members then signed a binding sector
contract to abide by the measures specified in the proposed operations
plan. As described above, the proposed operations plan minimizes
economic impacts to participating vessels by allowing them to operate
more efficiently. Accordingly, the proposed operations plan reflects
the management measures preferred by vessels participating in the GB
Cod Hook Sector during FY 2008 and represents all of the significant
alternatives that accomplish the objectives of sector provisions and
[[Page 11380]]
minimize economic impacts to small entities, as required by the RFA.
Therefore, in conjunction with the NEPA requirement to consider a
reasonable range of alternatives, no other alternatives were considered
as part of this proposed action.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Action
This proposed rule contains no collection-of-information
requirement subject to the Paperwork Reduction Act (PRA).
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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and record keeping requirements.
Dated: February 26, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.87, paragraphs (d)(1)(ii) and (d)(2)(i) are revised
to read as follows:
Sec. 648.87 Sector allocation.
* * * * *
(d) * * *
(1) * * *
(ii) Eligibility. All vessels issued a valid limited access NE
multispecies DAS permit are eligible to participate in the GB Cod Hook
Sector.
* * * * *
(2) * * *
(i) Eligibility. All vessels issued a valid limited access NE
multispecies DAS permit are eligible to participate in the GB Cod Fixed
Gear Sector.
* * * * *
[FR Doc. E8-4039 Filed 2-29-08; 8:45 am]
BILLING CODE 3510-22-S