Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2008 Georges Bank Cod Fixed Gear Sector Operations Plan and Agreement, and Allocation of Georges Bank Cod Total Allowable Catch, 12941-12945 [E8-4803]
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redundancy that is important to the
conservation of the species. In North
America, wolverines occur within a
wide variety of arctic, sub-arctic and
alpine habitats, primarily boreal forests,
tundra, and western mountains
throughout Alaska and Canada, with
two small peninsulas of habitat
extending into the North Cascades and
the Northern Rocky Mountains in the
contiguous United States. The portion of
the range that extends into the
contiguous United States is small in
relation to the entire range of the
subspecies. Additionally, the actual area
amount of habitat in the contiguous
United States is more fragmented in
nature than habitat found elsewhere
throughout the range, which results in
a smaller proportion of actual habitat in
the contiguous U.S. portion than what is
generally indicated on ‘‘range’’ maps
(see ‘‘Habitat Availability and
Connectivity’’ section above). Finally, a
small proportion of the total wolverine
population occurs in the contiguous
United States. Assuming 8,333
wolverine occur in Alaska (as described
in the control of exploitation section
above), 15,089 wolverine occur in
Canada, and 500 wolverine occur in the
contiguous United States, the
contiguous United States portion
accounts for only 2 percent of the entire
G. g. luscus population. Thus, we
determined that the contiguous U.S.
wolverine population does not
significantly contribute to the
redundancy of G. g. luscus.
In determining whether the
contiguous U.S. wolverine population
contributed to representation, we
evaluated whether it contributes to the
genetic diversity of the species.
Adequate representation ensures that
the species’ adaptive capabilities are
conserved. Wolverines in the
contiguous United States contain a
subset of the genetic haplotypes found
in the Canadian populations, and
therefore do not represent a unique
population. Thus, the species does not
meaningfully contribute to
representation of Gulo gulo luscus. The
populations in Canada and Alaska are
relatively large and contiguous, and are
not dependent on connectivity to the
contiguous U.S. population.
Based on the discussion above, we
determined that the contiguous United
States portion of the current range of the
North American wolverine is not
significant to the Gulo gulo luscus
subspecies, and therefore does not
warrant further consideration to
determine if it is a significant portion of
the range that is threatened or
endangered. In addition, we find that
historical habitat in the contiguous
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United States that is no longer occupied
would not raise the status of this portion
of the range as being significant to the
subspecies.
DEPARTMENT OF COMMERCE
Finding
50 CFR Parts 223 and 224
We have carefully assessed the best
scientific and commercial information
available regarding threats to the
contiguous United States population of
the wolverine. We reviewed the
petition, and available published and
unpublished scientific and commercial
information. This 12-month finding
reflects and incorporates information
that we received during the public
comment period or that we obtained
through consultation, literature
research, and field visits.
On the basis of this review, we have
determined that the contiguous United
States population of the North American
wolverine does not constitute a distinct
population segment (DPS) under the Act
and therefore a listable entity unto itself.
We also find that the contiguous United
States population of the North American
wolverine is not a significant portion of
the range of the North American
subspecies and does not warrant further
consideration under the Act. Therefore,
we find that the petition to list the
North American wolverine that occurs
in the contiguous United States is not
warranted for listing.
12941
RIN 0648–XF03
References Cited
A complete list of all references cited
is available upon request from the
Supervisor, at the U.S. Fish and Wildlife
Service, Montana Field Office (see
ADDRESSES).
Listing Endangered and Threatened
Wildlife and Designating Critical
Habitat; 90-day Finding for a Petition to
Reclassify the Loggerhead Turtle in
the Western North Atlantic Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: 90-day petition finding; request
for information and comments;
correction.
AGENCY:
SUMMARY: This document corrects the
fax number in the ADDRESSES section of
a proposed rule published in the
Federal Register of March 5, 2008.
FOR FURTHER INFORMATION CONTACT:
Marta Nammack at 301–713–1401.
SUPPLEMENTARY INFORMATION:
Correction
In proposed rule FR Doc. E8–4231,
beginning on page 11849 in the issue of
March 5, 2008, make the following
correction, in the Preamble. On page
11849, column two, line 8 of the
ADDRESSES section, replace ‘‘978–281–
9394’’ with ‘‘301–713–0376’’.
Dated: March 6, 2008.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 08–1000 Filed 3–6–08; 2:54 pm]
BILLING CODE 3510–22–S
Author
The primary author of this document
is staff of the Mountain-Prairie Region of
the U.S. Fish and Wildlife Service, 134
Union Blvd., Ste. 145, Lakewood,
Colorado 80228 (also see ADDRESSES).
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
Authority
The authority for this action is section
4 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Dated: February 28, 2008.
H. Dale Hall,
Director, U.S. Fish and Wildlife Service.
[FR Doc. E8–4197 Filed 3–10–08; 8:45 am]
BILLING CODE 4310–55–P
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National Oceanic and Atmospheric
Administration
[Docket No. 071017601–7812–02]
RIN 0648–AW17
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2008 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.
AGENCY:
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Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Proposed Rules
Proposed rule; request for
comments.
sroberts on PROD1PC70 with PROPOSALS
ACTION:
SUMMARY: This proposed rule provides
interested parties an opportunity to
comment on the proposed Sector
Operations Plan and Supplemental
Environmental Assessment (EA) prior to
final approval or disapproval of the
Sector Operations Plan and allocation of
Georges Bank (GB) cod total allowable
catch (TAC) to the Fixed Gear Sector for
fishing year (FY) 2008.
Framework Adjustment (FW) 42 to
the Northeast (NE) Multispecies Fishery
Management Plan (FMP) created the
Georges Bank (GB) Cod Fixed Gear
Sector (Fixed Gear Sector) and
authorized allocation of up to 20
percent of the annual GB cod TAC to the
Fixed Gear Sector. Pursuant to that
authorization, a representative of the
Fixed Gear Sector has submitted an
Operations Plan and Sector Agreement
(Contract), and requested an allocation
of GB cod to the Fixed Gear Sector for
FY 2008.
DATES: Written comments must be
received on or before March 26, 2008.
ADDRESSES: You may submit comments,
identified by 0648–AW17, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov,
• Fax: (978) 281–9135, Attn: Mark
Grant,
• Mail: One Blackburn Drive,
Gloucester, MA 01930.
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 file 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:
Mark Grant, Fishery Policy Analyst,
phone (978) 281–9145, fax (978) 281–
9135, e-mail Mark.Grant@NOAA.gov.
SUPPLEMENTARY INFORMATION: NMFS
announces that the Administrator, NE
Region, NMFS (Regional Administrator),
has made a preliminary determination
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that the Fixed Gear 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 § 648.87. The final rule
implementing Amendment 13 (69 FR
22906, April 27, 2004) specified a
process for the formation of sectors
within the NE multispecies fishery and
the allocation of TAC for specific
groundfish species (or days-at-sea
(DAS)), implemented restrictions that
apply to all sectors, and authorized the
first sector of the FMP (the GB Cod
Hook Sector).
The Fixed Gear Sector was
established by FW 42 (71 FR 62156,
October 23, 2006). The FW 42
regulations that apply to the Fixed Gear
Sector specify that: (1) All vessels with
a valid limited access NE multispecies
DAS permit are eligible to participate in
the Fixed Gear Sector, provided they
have documented landings of GB cod
through valid dealer reports submitted
to NMFS during FY 1996 through 2001
(regardless of gear fished); (2)
membership in the Fixed Gear Sector is
voluntary, and each member must
remain in the Fixed Gear Sector for the
entire fishing year and may not fish
outside the NE multispecies DAS
program during the fishing year, unless
certain conditions are met; (3) vessels
fishing in the Fixed Gear Sector
(participating vessels) are confined to
fishing in the GB Cod Hook Sector Area,
which is that portion of the GB cod
stock area north of 39° 00′ N. lat. and
east of 71° 40′ W. long; and (4)
participating vessels must comply with
all pertinent Federal fishing regulations,
unless specifically exempted by a Letter
of Authorization, and the provisions of
an approved Operations Plan.
Although FW 42 established the Fixed
Gear Sector, in order for GB cod to be
allocated to the Fixed Gear Sector and
the Fixed Gear Sector authorized to fish,
the Fixed Gear Sector must submit an
Operations Plan and Sector Contract to
the Regional Administrator annually for
approval. The Operations Plan and
Sector Contract must contain certain
elements, including a contract signed by
all Fixed Gear Sector participants and a
plan containing the management rules
that the Fixed Gear Sector participants
agree to abide by in order to avoid
exceeding the allocated TAC. An
additional analysis of the impacts of the
Fixed Gear Sector’s proposed operations
may be required in order to comply with
the National Environmental Policy Act.
Further, the public must be provided an
opportunity to comment on the
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proposed Operations Plan and Sector
Contract. The regulations require that,
upon completion of the public comment
period, the Regional Administrator will
make a determination regarding
approval of the Sector Contract and
Operations Plan. If approved by the
Regional Administrator, participating
vessels would be authorized to fish
under the terms of the Operations Plan
and Sector Contract.
The Fixed Gear Sector was authorized
to fish in FY 2006 and FY 2007, and,
based upon the GB cod landings history
of its members, was allocated <1.0 and
10.7 percent, respectively, of the annual
GB cod TAC.
On September 28, 2007, the Fixed
Gear Sector submitted a draft FY 2008
Operations Plan and Sector Agreement
and a Supplemental EA to NMFS. The
proposed 2008 Fixed Gear Sector
Agreement and Operations Plan
contains the same elements and
proposed exemptions as the 2007 Fixed
Gear Sector Agreement and Operations
Plan. The Fixed Gear Sector Agreement
would be overseen by a Board of
Directors and a Sector Manager. The
Fixed Gear Sector Agreement specifies,
in accordance with Amendment 13, that
the Fixed Gear Sector’s GB cod TAC
would be based upon the number of
Fixed Gear Sector members and their
historic landings of GB cod. The GB cod
TAC is a ‘‘hard’’ TAC, meaning that,
once the TAC is reached, Fixed Gear
Sector vessels could not fish under a
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 Fixed Gear
Sector’s allocation would be reduced by
the overharvest in the following year.
The 2008 Operations Plan proposes
exemptions from the following
restrictions of the FMP: The GB cod trip
limit; the GB Seasonal Closure Area
(when fishing with hook gear); the
3,600–hook limit for longline gear in the
GB Regulated Mesh Area (RMA); and
the 2,000–hook limit for longline gear in
the Gulf of Maine (GOM) and Southern
New England (SNE) RMAs. Justification
for the proposed exemptions and
analysis of the potential impacts of the
Operations Plan are contained in the
EA. A Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (IRFA) is
summarized in the Classification section
of this proposed rule.
In a concurrent proposed rule NMFS
proposed to modify the regulations that
define eligibility criteria for
membership in the GB Cod Hook Sector
and the Fixed Gear Sector, in order to
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be consistent with the New England
Fishery Management Council’s
(Council’s) intent. The criterion
requiring documented landings of GB
cod to be eligible to join the GB cod
Hook and Fixed Gear Sectors was not
explicitly included in the Council
documents that proposed formation of
the two sectors, Amendment 13 and FW
42, respectively. 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. The proposed roster for the
Fixed Gear Sector for FY 2008 contains
vessels that did not land GB cod during
the period 1996 to 2001. The current
regulations would prevent such vessels
without GB cod landings from joining a
sector. In anticipation of the approval of
the proposed change to sector eligibility
requirements, the Fixed Gear Sector has
included vessels without a history of
landing GB cod in its proposed roster
for FY 2008.
Twenty-nine prospective Fixed Gear
Sector members signed the 2008 Fixed
Gear Sector Contract. The GB cod TAC
calculation is based upon the historic
GB cod landings of the participating
vessels, using all gear. The allocation
percentage is calculated by dividing the
sum of total landings of GB cod by
Sector members for FY 1996 through
2001, by the sum of the total
accumulated landings of GB cod
harvested by all NE multispecies vessels
for the same time period. Based upon
the 29 prospective members (and their
associated GB cod landings history), the
Fixed Gear Sector’s share of the overall
U.S. portion of the GB cod TAC would
be 13.99 percent, or 3,152,802 lb (1,430
mt) (13.99 percent times the fisherywide GB cod target TAC of 22,535,656
lb (10,222 mt)). If prospective members
of the Fixed Gear Sector are deemed
ineligible to, or decide not to,
participate in the Fixed Gear Sector after
the publication of this proposed rule
and prior to a final decision by the
Regional Administrator, it is possible
that the total number of participants in
the Sector and the TAC for the Sector
may be reduced from the numbers
above, but no additional members may
join the Fixed Gear Sector for FY 2008.
Also, the TAC for the Fixed Gear Sector
could be further reduced, should the
provision in the GB Cod Hook Sector
proposed rule that revises the eligibility
criterion for both sectors not be
approved.
The Sector Contract contains
procedures for the enforcement of the
Operations Plan, a schedule of
penalties, and provides the authority to
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the Fixed Gear Sector Manager to issue
stop fishing orders to members of the
Fixed Gear Sector. Participating vessels
would be required to land fish only in
designated landing ports and would be
required to provide the Fixed Gear
Sector Manager with a copy of the
Vessel Trip Report (VTR) within 48 hr
of offloading. Dealers purchasing fish
from participating vessels would be
required to provide the Fixed Gear
Sector Manager with a copy of the
dealer report on a weekly basis. On a
monthly basis, the Fixed Gear Sector
Manager would transmit to NMFS
aggregate catch data from dealer slips
and aggregate discard data from the
VTRs. After 90 percent of the Fixed Gear
Sector’s allocation has been harvested,
the Fixed Gear Sector Manager would be
required to provide NMFS with
aggregate reports on a weekly basis. A
total of 1/12 of the Fixed Gear Sector’s
GB cod TAC, minus a reserve, would be
allocated to each month of the fishing
year. GB cod quota that is not landed
during a given month would be rolled
over into the following month. Once the
aggregate monthly quota of GB cod is
reached, for the remainder of the month
participating vessels may not fish under
a NE multispecies DAS, possess or land
GB cod or other regulated species, or
use gear capable of catching regulated
NE multispecies. The harvest rules
would not preclude a vessel from
fishing under the charter/party or
recreational regulations, provided the
vessel fishes under the applicable
charter/party and recreational rules on
separate trips. For each fishing trip,
participating vessels would be required
to fish under the NE multispecies DAS
program regulations to account for any
incidental groundfish species that they
may catch while fishing for GB cod. In
addition, participating vessels would be
required to call the Sector Manager prior
to leaving port. All legal-sized cod
caught would be retained and landed
and counted against the Fixed Gear
Sector’s aggregate allocation.
Participating vessels would not be
allowed to fish with or have on board
gear other than jigs, non-automated
demersal longline, handgear, or sink
gillnets. Participating Fixed Gear Sector
vessels fishing with hook gear could use
an unlimited number of hooks in the
Sector Area and would be exempt from
the GB Seasonal Closure Area during
May.
The EA prepared for the Fixed Gear
Sector operations concludes that the
biological impacts of the Fixed Gear
Sector will be positive because the hard
TAC and the use of DAS would provide
two means of restricting both the
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12943
landings and effort of the Fixed Gear
Sector. Implementation may have a
positive impact on essential fish habitat
(EFH) and bycatch, if the Fixed Gear
Sector’s quota is caught prior to the end
of the fishing year, by reducing the
amount of time that gear would be in
the water. The analysis of economic
impacts of the Fixed Gear Sector
concludes that the members would
realize higher economic returns if the
Fixed Gear Sector is implemented. The
EA asserts that fishing in accordance
with the Sector Contract rules enables
more efficient harvesting of GB cod with
hook and gillnet gear than would be
possible if the vessels were fishing in
accordance with the common pool (nonsector) rules. The social benefits of the
Fixed Gear Sector would accrue to
sector members, as well as the Chatham,
MA, and Harwichport, MA,
communities, which are more
dependent upon groundfish revenues as
a percentage of fishery-derived landings
than many other communities. The EA
concludes that the self-governing nature
of the Fixed Gear Sector and the
member’s opportunity to develop rules
governing the way in which they
harvest their GB cod TAC enables
stewardship of the cod resource by the
Fixed Gear Sector. The cumulative
impacts of the Fixed Gear Sector are
expected to be positive due to a positive
biological impact, potential positive
impact on habitat, and a positive social
and economic impact. In contrast, the
cumulative impact of the no action
alternative is estimated to be neutral,
with negative social and economic
impacts.
Should the Regional Administrator
approve the Sector Contract as
proposed, a Letter of Authorization
would be issued to each member of the
Fixed Gear Sector exempting them,
conditional upon their compliance with
the Sector Contract, from the GB cod
possession restrictions, the 3,600–hook
limit in the GB RMA, the 2,000–hook
limit in the GOM and SNE RMAs and
the GB Seasonal Closure Area when
using hook gear, as specified in
§§ 658.86(b)(2), 648.80(a)(4)(v),
648.80(a)(3)(v), 648.80(b)(2)(v) and
648.81(g), respectively.
Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Northeast Multispecies FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
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sroberts on PROD1PC70 with PROPOSALS
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). The IRFA consists of this
section, the preamble and the EA
prepared for this action. Below is a
summary of the IRFA, which describes
the economic impact this proposed rule,
if adopted, would have on small
entities. A description of the action,
why it is being considered, and the legal
basis for this action are contained in the
preamble to this proposed rule and in
sections 1.0, 2.0, and 3.0 of the EA
prepared for this action. The Small
Business Administration size standard
for small commercial fishing entities is
$4 million in average annual receipts,
and the size standard for small charter/
party operators is $6.5 million in
average annual receipts. All permitted
and participating vessels in the
groundfish fishery, including
prospective Fixed Gear Sector members,
are considered to be small entities
because gross sales by any one entity
(vessel) do not exceed this threshold,
and, therefore there is no
disproportionate impact between large
and small entities. While an entity may
own multiple vessels, available data
make it difficult to determine which
vessels may be controlled by a single
entity. For this reason, each vessel is
treated as a single entity for purposes of
size determination and impact
assessment. All permitted and
participating vessels in the groundfish
fishery, including prospective Fixed
Gear Sector members, are considered to
be small entities because gross sales by
any one entity (vessel) do not exceed
this threshold. The number of
prospective participants in the Fixed
Gear Sector is 29, substantially less than
the total number of active vessels in the
groundfish fishery. Only these 29
vessels would be subject to the
regulatory exemptions and operational
restrictions proposed for the Fixed Gear
Sector for FY 2008.
Economic Impacts of the Proposed
Action
The proposed alternative would
allocate a GB cod TAC of 1,430 mt to the
Fixed Gear Sector. Once the GB cod
TAC is harvested, participating vessels
would not be allowed to fish under a NE
multispecies DAS, possess or land GB
cod, or other regulated species managed
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under the NE multispecies FMP, or use
gear capable of catching groundfish
(unless fishing under recreational or
charter/party regulations). Vessels
intending to fish in the Fixed Gear
Sector during FY 2008 may only fish
with hook gear or gillnet gear and may
not fish for NE multispecies under a NE
multispecies DAS during FY 2008 until
the Sector Operations Plan is approved.
Under the proposed Operations Plan,
members would be exempt from several
restrictions of the FMP described in the
preamble to this proposed rule and in
the EA.
The fixed gear fishermen and the
Chatham, MA, and Harwichport, MA,
communities are dependent upon GB
cod and other groundfish. The
Amendment 13 restrictions that reduced
the GB cod trip limit had a
disproportionate affect on these fixed
gear fishermen. According to
Amendment 13, Chatham’s overall
community dependence on NE
multispecies as a percentage of total
fisheries revenues from federally
permitted vessels averaged about 71
percent and likely at least some of the
active groundfish vessels in Chatham
and Harwichport are even more than 71
percent dependent on the NE
multispecies fishery. Because the Fixed
Gear Sector was implemented late in FY
2006, and data from FY 2007 are not yet
complete, only limited quantitative data
on the precise economic impact of the
Fixed Gear Sector are available. In FY
2006, the Fixed Gear Sector made one
trip and landed 5 lb (2.3 kg) of GB cod;
preliminary FY 2007 data show that the
Sector has made 564 trips and landed
735,355 lb (333,551 kg) of GB cod.
However, a qualitative assessment of the
Fixed Gear Sector is possible.
The proposed alternative would
positively impact the 29 vessels that
have voluntarily joined the Fixed Gear
Sector, who are relatively dependent
upon cod revenue compared to other
participants in the groundfish fishery.
The proposed alternative would
indirectly benefit the communities of
Chatham, MA, and Harwichport, MA,
and to a lesser extent other Cape Cod,
MA, communities involved in the
groundfish fishery. Allocation of cod
TAC to a sector and the development of
alternative fishing restrictions would
mitigate the impacts of Amendment 13
and subsequent framework adjustments.
Specifically, the proposed Operations
Plan enables Fixed Gear Sector members
to fish under a set of rules crafted by
Fixed Gear Sector members in order to
adapt to current economic and fishing
conditions. The Fixed Gear Sector, by
fishing under rules that are designed to
meet their needs (as well as the
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conservation requirements of the FMP),
is afforded a larger degree of flexibility
and efficiency, which result in
economic gains. Fixed Gear Sector
members are able to plan their fishing
activity and income in advance with
more certainty due to the fact that there
is a cod TAC, which is apportioned to
each month of the year. They are able
to maximize their efficiency (revenue
per trip), by targeting seasonal
aggregations of cod, due to the
exemption from trip limits and hook
numbers. For example, preliminary data
from FY 2007 indicate that Fixed Gear
Sector members landed 735,355 lb
(333,551 kg) of GB cod in 564 trips;
however, had the Fixed Gear Sector
members been subject to the daily trip
limit (1,000 lb/day; 454 kg/day) in place
for the common pool vessels (non-sector
vessels), they would have been
prevented from landing 171,355 lb
(77,725 kg) of that total.
Thus, this proposed rule would
enable Fixed Gear Sector members to
remain economically viable by
maximizing revenues and minimizing
expenses in the short term. This would
also help to maintain associated
shoreside job opportunities.
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 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 Fixed Gear
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 Fixed Gear Sector
during FY 2008 and represents all of the
significant alternatives that accomplish
the objectives of sector provisions and
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
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Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Proposed Rules
other alternatives were considered as
part of this proposed action.
Economic Impacts of Alternative to the
Proposed Action
sroberts on PROD1PC70 with PROPOSALS
Under the No Action alternative, all
Fixed Gear Sector members would
remain in the common pool of vessels
and fish under all the rules
implemented by Amendment 13 and
subsequent Framework Adjustments,
and there would be no allocation of GB
cod to the Fixed Gear Sector. Because
cod usually represents a high proportion
of total fishing income for Cape Codbased gillnet and hookgear vessels,
revenues for such vessel owners are
very sensitive to regulations that impact
how and when they can fish for cod,
such as trip limits and restrictions on
the number of hooks fished. Under the
VerDate Aug<31>2005
17:20 Mar 10, 2008
Jkt 214001
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. Based on the limited FY
2007 data, assuming a dock-side price of
$1.50 per lb ($3.30 per kg) for cod,
members of the Fixed Gear Sector
would already have lost $257,032.50
(171,355 lb (77,725 kg) X $1.50 per lb
($3.30 per kg)) in revenue if they were
not exempt from the cod possession
limit. It is more likely under the No
Action alternative that disruption to the
Chatham/Harwichport communities
would occur.
PO 00000
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
This proposed rule contains no
collection-of-information requirement
subject to the Paperwork Reduction Act.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
proposed TAC allocations and plans of
operation of sectors.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2008.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries Service
[FR Doc. E8–4803 Filed 3–10–08; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Proposed Rules]
[Pages 12941-12945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4803]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071017601-7812-02]
RIN 0648-AW17
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2008 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.
[[Page 12942]]
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule provides interested parties an opportunity
to comment on the proposed Sector Operations Plan and Supplemental
Environmental Assessment (EA) prior to final approval or disapproval of
the Sector Operations Plan and allocation of Georges Bank (GB) cod
total allowable catch (TAC) to the Fixed Gear Sector for fishing year
(FY) 2008.
Framework Adjustment (FW) 42 to the Northeast (NE) Multispecies
Fishery Management Plan (FMP) created the Georges Bank (GB) Cod Fixed
Gear Sector (Fixed Gear Sector) and authorized allocation of up to 20
percent of the annual GB cod TAC to the Fixed Gear Sector. Pursuant to
that authorization, a representative of the Fixed Gear Sector has
submitted an Operations Plan and Sector Agreement (Contract), and
requested an allocation of GB cod to the Fixed Gear Sector for FY 2008.
DATES: Written comments must be received on or before March 26, 2008.
ADDRESSES: You may submit comments, identified by 0648-AW17, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: https://
www.regulations.gov,
Fax: (978) 281-9135, Attn: Mark Grant,
Mail: One Blackburn Drive, Gloucester, MA 01930.
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 file 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: Mark Grant, Fishery Policy Analyst,
phone (978) 281-9145, fax (978) 281-9135, e-mail Mark.Grant@NOAA.gov.
SUPPLEMENTARY INFORMATION: NMFS announces that the Administrator, NE
Region, NMFS (Regional Administrator), has made a preliminary
determination that the Fixed Gear 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
for specific groundfish species (or days-at-sea (DAS)), implemented
restrictions that apply to all sectors, and authorized the first sector
of the FMP (the GB Cod Hook Sector).
The Fixed Gear Sector was established by FW 42 (71 FR 62156,
October 23, 2006). The FW 42 regulations that apply to the Fixed Gear
Sector specify that: (1) All vessels with a valid limited access NE
multispecies DAS permit are eligible to participate in the Fixed Gear
Sector, provided they have documented landings of GB cod through valid
dealer reports submitted to NMFS during FY 1996 through 2001
(regardless of gear fished); (2) membership in the Fixed Gear Sector is
voluntary, and each member must remain in the Fixed Gear Sector for the
entire fishing year and may not fish outside the NE multispecies DAS
program during the fishing year, unless certain conditions are met; (3)
vessels fishing in the Fixed Gear Sector (participating vessels) are
confined to fishing in the GB Cod Hook Sector Area, which is that
portion of the GB cod stock area north of 39[deg] 00' N. lat. and east
of 71[deg] 40' W. long; and (4) participating vessels must comply with
all pertinent Federal fishing regulations, unless specifically exempted
by a Letter of Authorization, and the provisions of an approved
Operations Plan.
Although FW 42 established the Fixed Gear Sector, in order for GB
cod to be allocated to the Fixed Gear Sector and the Fixed Gear Sector
authorized to fish, the Fixed Gear Sector must submit an Operations
Plan and Sector Contract to the Regional Administrator annually for
approval. The Operations Plan and Sector Contract must contain certain
elements, including a contract signed by all Fixed Gear Sector
participants and a plan containing the management rules that the Fixed
Gear Sector participants agree to abide by in order to avoid exceeding
the allocated TAC. An additional analysis of the impacts of the Fixed
Gear Sector's proposed operations may be required in order to comply
with the National Environmental Policy Act. Further, the public must be
provided an opportunity to comment on the proposed Operations Plan and
Sector Contract. The regulations require that, upon completion of the
public comment period, the Regional Administrator will make a
determination regarding approval of the Sector Contract and Operations
Plan. If approved by the Regional Administrator, participating vessels
would be authorized to fish under the terms of the Operations Plan and
Sector Contract.
The Fixed Gear Sector was authorized to fish in FY 2006 and FY
2007, and, based upon the GB cod landings history of its members, was
allocated <1.0 and 10.7 percent, respectively, of the annual GB cod
TAC.
On September 28, 2007, the Fixed Gear Sector submitted a draft FY
2008 Operations Plan and Sector Agreement and a Supplemental EA to
NMFS. The proposed 2008 Fixed Gear Sector Agreement and Operations Plan
contains the same elements and proposed exemptions as the 2007 Fixed
Gear Sector Agreement and Operations Plan. The Fixed Gear Sector
Agreement would be overseen by a Board of Directors and a Sector
Manager. The Fixed Gear Sector Agreement specifies, in accordance with
Amendment 13, that the Fixed Gear Sector's GB cod TAC would be based
upon the number of Fixed Gear Sector members and their historic
landings of GB cod. The GB cod TAC is a ``hard'' TAC, meaning that,
once the TAC is reached, Fixed Gear Sector vessels could not fish under
a 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 Fixed Gear Sector's allocation
would be reduced by the overharvest in the following year.
The 2008 Operations Plan proposes exemptions from the following
restrictions of the FMP: The GB cod trip limit; the GB Seasonal Closure
Area (when fishing with hook gear); the 3,600-hook limit for longline
gear in the GB Regulated Mesh Area (RMA); and the 2,000-hook limit for
longline gear in the Gulf of Maine (GOM) and Southern New England (SNE)
RMAs. Justification for the proposed exemptions and analysis of the
potential impacts of the Operations Plan are contained in the EA. A
Regulatory Impact Review/Initial Regulatory Flexibility Analysis (IRFA)
is summarized in the Classification section of this proposed rule.
In a concurrent proposed rule NMFS proposed to modify the
regulations that define eligibility criteria for membership in the GB
Cod Hook Sector and the Fixed Gear Sector, in order to
[[Page 12943]]
be consistent with the New England Fishery Management Council's
(Council's) intent. The criterion requiring documented landings of GB
cod to be eligible to join the GB cod Hook and Fixed Gear Sectors was
not explicitly included in the Council documents that proposed
formation of the two sectors, Amendment 13 and FW 42, respectively. 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.
The proposed roster for the Fixed Gear Sector for FY 2008 contains
vessels that did not land GB cod during the period 1996 to 2001. The
current regulations would prevent such vessels without GB cod landings
from joining a sector. In anticipation of the approval of the proposed
change to sector eligibility requirements, the Fixed Gear Sector has
included vessels without a history of landing GB cod in its proposed
roster for FY 2008.
Twenty-nine prospective Fixed Gear Sector members signed the 2008
Fixed Gear Sector Contract. The GB cod TAC calculation is based upon
the historic GB cod landings of the participating vessels, using all
gear. The allocation percentage is calculated by dividing the sum of
total landings of GB cod by Sector members for FY 1996 through 2001, by
the sum of the total accumulated landings of GB cod harvested by all NE
multispecies vessels for the same time period. Based upon the 29
prospective members (and their associated GB cod landings history), the
Fixed Gear Sector's share of the overall U.S. portion of the GB cod TAC
would be 13.99 percent, or 3,152,802 lb (1,430 mt) (13.99 percent times
the fishery-wide GB cod target TAC of 22,535,656 lb (10,222 mt)). If
prospective members of the Fixed Gear Sector are deemed ineligible to,
or decide not to, participate in the Fixed Gear Sector after the
publication of this proposed rule and prior to a final decision by the
Regional Administrator, it is possible that the total number of
participants in the Sector and the TAC for the Sector may be reduced
from the numbers above, but no additional members may join the Fixed
Gear Sector for FY 2008. Also, the TAC for the Fixed Gear Sector could
be further reduced, should the provision in the GB Cod Hook Sector
proposed rule that revises the eligibility criterion for both sectors
not be approved.
The Sector Contract contains procedures for the enforcement of the
Operations Plan, a schedule of penalties, and provides the authority to
the Fixed Gear Sector Manager to issue stop fishing orders to members
of the Fixed Gear Sector. Participating vessels would be required to
land fish only in designated landing ports and would be required to
provide the Fixed Gear Sector Manager with a copy of the Vessel Trip
Report (VTR) within 48 hr of offloading. Dealers purchasing fish from
participating vessels would be required to provide the Fixed Gear
Sector Manager with a copy of the dealer report on a weekly basis. On a
monthly basis, the Fixed Gear Sector Manager would transmit to NMFS
aggregate catch data from dealer slips and aggregate discard data from
the VTRs. After 90 percent of the Fixed Gear Sector's allocation has
been harvested, the Fixed Gear Sector Manager would be required to
provide NMFS with aggregate reports on a weekly basis. A total of 1/12
of the Fixed Gear Sector's GB cod TAC, minus a reserve, would be
allocated to each month of the fishing year. GB cod quota that is not
landed during a given month would be rolled over into the following
month. Once the aggregate monthly quota of GB cod is reached, for the
remainder of the month participating vessels may not fish under a NE
multispecies DAS, possess or land GB cod or other regulated species, or
use gear capable of catching regulated NE multispecies. The harvest
rules would not preclude a vessel from fishing under the charter/party
or recreational regulations, provided the vessel fishes under the
applicable charter/party and recreational rules on separate trips. For
each fishing trip, participating vessels would be required to fish
under the NE multispecies DAS program regulations to account for any
incidental groundfish species that they may catch while fishing for GB
cod. In addition, participating vessels would be required to call the
Sector Manager prior to leaving port. All legal-sized cod caught would
be retained and landed and counted against the Fixed Gear Sector's
aggregate allocation. Participating vessels would not be allowed to
fish with or have on board gear other than jigs, non-automated demersal
longline, handgear, or sink gillnets. Participating Fixed Gear Sector
vessels fishing with hook gear could use an unlimited number of hooks
in the Sector Area and would be exempt from the GB Seasonal Closure
Area during May.
The EA prepared for the Fixed Gear Sector operations concludes that
the biological impacts of the Fixed Gear Sector will be positive
because the hard TAC and the use of DAS would provide two means of
restricting both the landings and effort of the Fixed Gear Sector.
Implementation may have a positive impact on essential fish habitat
(EFH) and bycatch, if the Fixed Gear Sector's quota is caught prior to
the end of the fishing year, by reducing the amount of time that gear
would be in the water. The analysis of economic impacts of the Fixed
Gear Sector concludes that the members would realize higher economic
returns if the Fixed Gear Sector is implemented. The EA asserts that
fishing in accordance with the Sector Contract rules enables more
efficient harvesting of GB cod with hook and gillnet gear than would be
possible if the vessels were fishing in accordance with the common pool
(non-sector) rules. The social benefits of the Fixed Gear Sector would
accrue to sector members, as well as the Chatham, MA, and Harwichport,
MA, communities, which are more dependent upon groundfish revenues as a
percentage of fishery-derived landings than many other communities. The
EA concludes that the self-governing nature of the Fixed Gear Sector
and the member's opportunity to develop rules governing the way in
which they harvest their GB cod TAC enables stewardship of the cod
resource by the Fixed Gear Sector. The cumulative impacts of the Fixed
Gear Sector are expected to be positive due to a positive biological
impact, potential positive impact on habitat, and a positive social and
economic impact. In contrast, the cumulative impact of the no action
alternative is estimated to be neutral, with negative social and
economic impacts.
Should the Regional Administrator approve the Sector Contract as
proposed, a Letter of Authorization would be issued to each member of
the Fixed Gear Sector exempting them, conditional upon their compliance
with the Sector Contract, from the GB cod possession restrictions, the
3,600-hook limit in the GB RMA, the 2,000-hook limit in the GOM and SNE
RMAs and the GB Seasonal Closure Area when using hook gear, as
specified in Sec. Sec. 658.86(b)(2), 648.80(a)(4)(v), 648.80(a)(3)(v),
648.80(b)(2)(v) and 648.81(g), respectively.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
[[Page 12944]]
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). The IRFA consists of this section, the preamble
and the EA prepared for this action. Below is a summary of the IRFA,
which describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained in
the preamble to this proposed rule and in sections 1.0, 2.0, and 3.0 of
the EA prepared for this action. The Small Business Administration size
standard for small commercial fishing entities is $4 million in average
annual receipts, and the size standard for small charter/party
operators is $6.5 million in average annual receipts. All permitted and
participating vessels in the groundfish fishery, including prospective
Fixed Gear Sector members, are considered to be small entities because
gross sales by any one entity (vessel) do not exceed this threshold,
and, therefore there is no disproportionate impact between large and
small entities. While an entity may own multiple vessels, available
data make it difficult to determine which vessels may be controlled by
a single entity. For this reason, each vessel is treated as a single
entity for purposes of size determination and impact assessment. All
permitted and participating vessels in the groundfish fishery,
including prospective Fixed Gear Sector members, are considered to be
small entities because gross sales by any one entity (vessel) do not
exceed this threshold. The number of prospective participants in the
Fixed Gear Sector is 29, substantially less than the total number of
active vessels in the groundfish fishery. Only these 29 vessels would
be subject to the regulatory exemptions and operational restrictions
proposed for the Fixed Gear Sector for FY 2008.
Economic Impacts of the Proposed Action
The proposed alternative would allocate a GB cod TAC of 1,430 mt to
the Fixed Gear Sector. Once the GB cod TAC is harvested, participating
vessels would not be allowed to fish under a NE multispecies DAS,
possess or land GB cod, or other regulated species managed under the NE
multispecies FMP, or use gear capable of catching groundfish (unless
fishing under recreational or charter/party regulations). Vessels
intending to fish in the Fixed Gear Sector during FY 2008 may only fish
with hook gear or gillnet gear and may not fish for NE multispecies
under a NE multispecies DAS during FY 2008 until the Sector Operations
Plan is approved. Under the proposed Operations Plan, members would be
exempt from several restrictions of the FMP described in the preamble
to this proposed rule and in the EA.
The fixed gear fishermen and the Chatham, MA, and Harwichport, MA,
communities are dependent upon GB cod and other groundfish. The
Amendment 13 restrictions that reduced the GB cod trip limit had a
disproportionate affect on these fixed gear fishermen. According to
Amendment 13, Chatham's overall community dependence on NE multispecies
as a percentage of total fisheries revenues from federally permitted
vessels averaged about 71 percent and likely at least some of the
active groundfish vessels in Chatham and Harwichport are even more than
71 percent dependent on the NE multispecies fishery. Because the Fixed
Gear Sector was implemented late in FY 2006, and data from FY 2007 are
not yet complete, only limited quantitative data on the precise
economic impact of the Fixed Gear Sector are available. In FY 2006, the
Fixed Gear Sector made one trip and landed 5 lb (2.3 kg) of GB cod;
preliminary FY 2007 data show that the Sector has made 564 trips and
landed 735,355 lb (333,551 kg) of GB cod. However, a qualitative
assessment of the Fixed Gear Sector is possible.
The proposed alternative would positively impact the 29 vessels
that have voluntarily joined the Fixed Gear Sector, who are relatively
dependent upon cod revenue compared to other participants in the
groundfish fishery. The proposed alternative would indirectly benefit
the communities of Chatham, MA, and Harwichport, MA, and to a lesser
extent other Cape Cod, MA, communities involved in the groundfish
fishery. Allocation of cod TAC to a sector and the development of
alternative fishing restrictions would mitigate the impacts of
Amendment 13 and subsequent framework adjustments. Specifically, the
proposed Operations Plan enables Fixed Gear Sector members to fish
under a set of rules crafted by Fixed Gear Sector members in order to
adapt to current economic and fishing conditions. The Fixed Gear
Sector, by fishing under rules that are designed to meet their needs
(as well as the conservation requirements of the FMP), is afforded a
larger degree of flexibility and efficiency, which result in economic
gains. Fixed Gear Sector members are able to plan their fishing
activity and income in advance with more certainty due to the fact that
there is a cod TAC, which is apportioned to each month of the year.
They are able to maximize their efficiency (revenue per trip), by
targeting seasonal aggregations of cod, due to the exemption from trip
limits and hook numbers. For example, preliminary data from FY 2007
indicate that Fixed Gear Sector members landed 735,355 lb (333,551 kg)
of GB cod in 564 trips; however, had the Fixed Gear Sector members been
subject to the daily trip limit (1,000 lb/day; 454 kg/day) in place for
the common pool vessels (non-sector vessels), they would have been
prevented from landing 171,355 lb (77,725 kg) of that total.
Thus, this proposed rule would enable Fixed Gear Sector members to
remain economically viable by maximizing revenues and minimizing
expenses in the short term. This would also help to maintain associated
shoreside job opportunities.
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 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 Fixed Gear 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 Fixed
Gear Sector during FY 2008 and represents all of the significant
alternatives that accomplish the objectives of sector provisions and
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
[[Page 12945]]
other alternatives were considered as part of this proposed action.
Economic Impacts of Alternative to the Proposed Action
Under the No Action alternative, all Fixed Gear Sector members
would remain in the common pool of vessels and fish under all the rules
implemented by Amendment 13 and subsequent Framework Adjustments, and
there would be no allocation of GB cod to the Fixed Gear Sector.
Because cod usually represents a high proportion of total fishing
income for Cape Cod-based gillnet and hookgear vessels, revenues for
such vessel owners are very sensitive to regulations that impact how
and when they can fish for cod, such as trip limits and restrictions on
the number of hooks fished. Under the common pool rules implemented by
FW 42 (e.g., differential DAS counting) and Amendment 13 (restrictive
daily trip limits for cod), it is likely that Fixed Gear Sector vessels
would experience revenue losses. Based on the limited FY 2007 data,
assuming a dock-side price of $1.50 per lb ($3.30 per kg) for cod,
members of the Fixed Gear Sector would already have lost $257,032.50
(171,355 lb (77,725 kg) X $1.50 per lb ($3.30 per kg)) in revenue if
they were not exempt from the cod possession limit. It is more likely
under the No Action alternative that disruption to the Chatham/
Harwichport communities would occur.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Rule
This proposed rule contains no collection-of-information
requirement subject to the Paperwork Reduction Act.
Regulations under the Magnuson-Stevens Fishery Conservation and
Management Act require publication of this notification to provide
interested parties the opportunity to comment on proposed TAC
allocations and plans of operation of sectors.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service
[FR Doc. E8-4803 Filed 3-10-08; 8:45 am]
BILLING CODE 3510-22-S
