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, 18215-18219 [E8-6953]
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Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations
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(Catalog of Federal Domestic Assistance No.
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Dated: March 17, 2008.
David I. Maurstad,
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[FR Doc. E8–6911 Filed 4–2–08; 8:45 am]
ACTION:
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071017599–8435–02]
jlentini on PROD1PC65 with RULES
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
AGENCY:
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Final rule.
SUMMARY: This final rule implements
the Georges Bank (GB) Cod Hook Sector
(Hook Sector) Fishing Year (FY) 2008
Operations Plan and Agreement,
approved by the Administrator,
Northeast Region, NMFS (Regional
Administrator), and modifies the
eligibility criteria for membership for
the Hook Sector and the GB Cod Fixed
Gear Sector (Fixed Gear Sector).
Amendment 13 to the Northeast (NE)
Multispecies Fishery Management Plan
(FMP) (Amendment 13) authorized
allocation of up to 20 percent of the
annual GB cod total allowable catch
(TAC) to the Hook Sector. Pursuant to
that authorization, the Sector 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 requested an
allocation of GB cod, consistent with the
FMP. This action results in
authorization of the Sector Operations
Plan during the 2008 fishing year and
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allocation of 658 mt of GB cod to the
Sector. This rule also modifies the
eligibility criteria for membership in
both the Hook Sector and the Fixed Gear
Sector by allowing vessels without GB
cod landings history to join a sector.
DATES: Effective May 1, 2008.
ADDRESSES: Copies of the Sector
Agreement, EA and the Final Regulatory
Flexibility Analysis (FRFA) are
available from the Northeast Regional
Office: Patricia A. Kurkul, Regional
Administrator, National Marine
Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930. The EA and
FRFA are also accessible via the Internet
at https://www.noaa.gov/nero/regs/
com.html.
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: A
proposed rule soliciting public
comment on the Sector Agreement for
the Hook Sector was published in the
Federal Register on March 3, 2008 (73
FR 11376), with public comment
accepted through March 18, 2008. The
Regional Administrator approved the
FY 2008 Sector Operations Plan, based
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Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations
on public comment, and based on a
determination that the Operations Plan
and Agreement are consistent with the
goals of the FMP and applicable law and
is in compliance with the regulations
governing the development and
operation of a sector as specified under
§ 648.87. Details pertaining to the
principal regulations applying to the
Hook Sector, the process of review and
approval of sectors, and facts regarding
the Sector’s submission of the FY 2008
Sector Agreement are contained in the
proposed rule. An EA entitled
‘‘Approval of the Georges Bank Cod
Hook Sector Operations Plan Fishing
Year 2008’’, which analyzes the impacts
of the proposed Hook Sector operations,
was also prepared.
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.
The 2008 Sector Agreement contains
the same elements as the FY 2007 Sector
Agreement. The Sector Agreement will
be overseen by a board of directors and
a Sector Manager. The Sector’s GB cod
TAC is based upon the number of Sector
members and their qualifying historic
landings of GB cod. The GB cod TAC is
a ‘‘hard’’ TAC, meaning that, once the
TAC is caught, Sector vessels may not
fish under a NE multispecies Day-at-Sea
(DAS), possess or land GB cod or other
regulated species managed under the
FMP (regulated species), or use gear
capable of catching groundfish (unless
fishing under charter/party or
recreational regulations). Should the
hard TAC be exceeded, the Sector’s
allocation will be reduced by the
overharvest in the following year.
The FY 2008 Sector Agreement
contains exemptions from the following
restrictions of the FMP: The GB and
Gulf of Maine (GOM) cod trip limit; the
GOM, 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 total of nineteen 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 qualifying landings
histories of the Hook Sector members,
the Hook Sector’s share of the overall
U.S. portion of the GB cod TAC is 658
mt (6.44 percent), or 1,450,566 lb (6.44
percent times the fishery-wide GB cod
target TAC of 10,222 mt). Note, the
proposed rule contained a calculation
error that has been corrected in this
final rule. Specifically, the proposed
rule GB cod TAC of 614 mt was
incorrect because it was based upon an
incorrect percentage share of 6.01
percent, however the correct percentage
share is 6.44 percent, which results in
a correct TAC of 658 mt.
The 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 will 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 will 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 will 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 will 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, will be allocated
to each month of the fishing year. GB
cod quota that is not landed during a
given month will 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. Once the annual TAC
of GB cod is reached, Hook Sector
members 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 for the rest of the fishing
year. The harvest rules will not preclude
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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
will 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
will be required to call the Hook Sector
Manager prior to leaving port. All legalsized cod caught would be retained and
landed and counted against the Hook
Sector’s aggregate allocation.
Participating vessels will 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 will
be exempt from the GB Seasonal Closure
Area during May.
A Letter of Authorization will be
issued to each member of the Hook
Sector exempting them, conditional
upon their compliance with the Sector
Agreement, from the GOM and 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)(1) and (2); 648.81(g);
648.85(a)(3)(ii)(C); 648.82(k)(4)(ix);
648.82 (e)(2); 648.80(a)(3)(v) and
(a)(4)(v); and 648.80(b)(2)(v),
respectively. If the effective date of the
approval of the Hook Sector is past May
1, 2008, the Hook Sector would be
allowed to fish under common pool
rules until the Hook Sector is approved,
as authorized by § 648.87(b)(1)(xii).
Based on the authority granted to the
Secretary of Commerce under Section
305(d) (16 U.S.C. 1855(d)) of the
Magnuson-Stevens Act, this final rule
also modifies the regulations that define
eligibility criteria for membership in the
Hook Sector and the Fixed Gear Sector,
in order to be consistent with the
original 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
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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 correcting 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
Council intent.
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Comments and Responses
One pertinent comment was received
from a representative of the Hook Sector
on the proposed rule.
Comment: The commenter expressed
strong support for approval of the Hook
Sector Operations Plan and the
modification to the eligibility criteria for
the Hook Sector and the Fixed Gear
Sector.
Response: NMFS is approving the
Hook Sector for FY 2008 and modifying
the eligibility criteria.
Classification
NMFS has determined that this final
rule is consistent with the FMP, the
Magnuson-Stevens Act, and other
applicable laws. This final rule has been
determined to be not significant for the
purposes of Executive Order (E.O.)
12866.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
The Assistant Administrator for
Fisheries finds that the need to
implement these measures in a timely
manner in order to allow the Hook
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Sector to fish at the start of the fishing
year, constitutes good cause under
authority contained in 5 U.S.C.
553(d)(3), to establish an effective date
less than 30 days after the date of
publication. Because this final rule
authorizes the Hook Sector to fish under
the Hook Sector’s Operations Plan,
members of the Hook Sector may not
fish under the Hook Sector rules until
the final rule is effective. If the effective
date is delayed past May 1, 2008, the
members would be precluded from
fishing under Operations Plan rules,
which provide relief from various
restrictions of the Fishery Management
Plan, and enable more efficient fishing
practices. A delay would likely result in
economic harm to the sector members
by not allowing them to fish during a
very productive time of the fishing year.
Under an approved Operations Plan,
with an effective date of May 1, 2008,
the Hook Sector would be afforded
exemptions from a seasonal closure on
Georges Bank, the differential Day-atSea (DAS) requirement, the restriction
on number of hooks, cod possession
limits, the observer notification
requirement for the Western U.S./
Canada Area, and the DAS Leasing
Program size restriction. The approval
would coincide with the beginning of
the Fishing Year, May 1, which is one
of the most productive months for the
fishery. If the effective date of the
approved Operations Plan is delayed,
Hook Sector members would be fishing
under the more restrictive≥common
pool’’ regulations until the approval.
The GB seasonal closure and the cod
trip limits are two such regulations that
would preclude or severely constrain
their fishing operations. The GB
seasonal closure, which includes the
area traditionally fished by the Hook
Sector, would prevent the Hook Sector
members from fishing on easily
accessible fishing grounds. Due to the
current high cost of fuel, and the
relatively small size of vessels in the
Hook Sector, it is not likely that vessels
would travel a long distance to fish in
open areas, and there would be no
revenue earned. Even if vessels chose to
travel to open fishing areas, they would
be subject to relatively low cod trip
limits, and the other restrictions which
would result in low economic returns.
The need to establish an effective date
less than 30 days after the date of
publication results from the objective of
allowing vessels to fish in the Hook
Sector as of May 1, 2008, the beginning
of the fishing year, and the timing of the
rulemaking process. The time period
under which these regulations were
developed was short due to the
complexity and length of the process
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18217
governing the Operations Plans
approval. Due to the limited time
available to develop this rulemaking,
there was insufficient time remaining to
allow for the full 30–day delay in
effectiveness. Therefore, for the reason
above, the AA finds good cause to waive
the 30–day delay in effectiveness and to
make these regulations effective on May
1, 2008.
Because the Hook Sector will be
fishing under a hard TAC for GB cod,
effort controls (i.e., the exemptions) are
not necessary to constrain the impact of
the Sector on the GB cod stock. Should
the Sector’s allocated GB cod TAC be
caught, participating vessels would no
longer be allowed to fish under a NE
multispecies DAS, possess or land GB
cod or other regulated species managed
under the FMP, or use gear capable of
catching groundfish (unless fishing
under recreational or charter/party
regulations). Sector members will be
required to fish under their current NE
multispecies DAS allocation to account
for any other regulated NE multispecies
that they may catch while fishing for GB
cod and are restricted to using hook gear
only.
A FRFA was prepared as required by
section 603 of the Regulatory Flexibility
Act (RFA). A summary of the IRFA was
published in the proposed rule for this
action and is not repeated here. A
description of the action, why it is being
considered, and the legal basis for this
action are contained in the preamble to
the proposed rule and in the EA
prepared for this action, and is not
repeated here.
Summary of the Issues Raised by Public
Comments in Response to the IRFA. A
Summary of the Assessment of the
Agency of Such Issues, and a Statement
of Any Changes Made From the
Proposed Rule as a Result of Such
Comments
No public comments pertaining to the
IRFA or the economic effects of this
action were received. In this final rule,
a minor increase was made to the size
of the GB cod TAC in order to correct
a calculation error in the proposed rule,
which will result in the potential for
additional revenue for the Hook Sector.
Description of and Estimate of the
Number of Small Entities to Which the
Proposed Rule Would Apply
The Small Business Administration
(SBA) size standard for small
commercial fishing entities is $ 4
million in annual gross sales. All
permitted and participating vessels in
the groundfish fishery, including
prospective Hook Sector members, are
considered to be small entities because
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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 will be subject
to the regulatory exemptions and
operational restrictions approved for the
Hook Sector for FY 2008.
Description of Steps the Agency Has
Taken to Minimize the Economic
Impact on Small Enitites Consistent
With the Stated Objectives of Applicable
Statutes
Approval of the FY 2008 Sector
Agreement results in an allocation of
658 mt of GB cod to the Hook Sector,
and minimization of economic impacts
on the Hook 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 FMP, or use gear capable of
catching groundfish (unless fishing
under recreational or party/charter
regulations). Hook Sector vessels may
only fish with jigs, non-automated
demersel longline, or handgear. Under
the Sector Agreement, members will be
exempt from several restrictions of the
FMP described in the preamble to the
proposed and final rule and in the EA.
This action will positively impact the
members of the Hook Sector’s 19 vessels
that have voluntarily joined the Hook
Sector, who are relatively dependendant
upon groundfish revenue compared to
other participants in the groundfish
fishery. The approval of the Hook Sector
and allocation of GB cod TAC will
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
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their needs (as well as the conservation
requirements of the FMP), is afforded a
larger degree of flexibility and
efficiency, which will 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. For the
above reasons, approval of the FY 2008
Sector Agreement minimizes the impact
on small entities.
In contrast, under the No Action
alternative, all Sector members would
have remained in the common pool of
vessels and fished under all the rules
implemented by Amendment 13 and
subsequent Framework Adjustments.
Under the regulatory scenario of the No
Action alternative, relative to the
preferred alternative, Sector members
would likely have faced increased
economic uncertainty, loss of efficiency,
and loss of revenue. Because cod
usually represents a high proportion of
total fishing income for hook gear
vessels, revenues for Sector members
are sensitive to regulations that impact
how and when they can fish for cod,
such as trip limits and hook gear
restrictions. Sector members would
have been unnecessarily impacted by
regulations designed to affect the catch
of species of which hook gear catches
very little (e.g., yellowtail flounder,
because hook gear is more selective than
other gear types). For example, under
the No Action alternative, Sector
members would have been affected by
the differential DAS counting
requirement, one of the objectives of
which is to protect yellowtail flounder.
No other alternatives beyond the No
Action were considered during the
development of this 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, are to provide opportunities for likeminded vessel operators to govern
themselves so that they can operate in
a more effective and efficient manner.
The Hook Sector developed the Sector
Agreement after consultation with
prospective members. Prospective
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members then signed a binding sector
contract to abide by the measures
specified in the Sector Agreement. As
described above, the approved Sector
Agreement minimizes economic
impacts to participating vessels by
allowing them to operate more
efficiently. Accordingly, the approved
Sector Agreement 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
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 prior
to approval of this action.
Modification of the eligibility criteria
for the Hook Sector and the Fixed Gear
Sector will 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. Although, the number
of vessels that this modification will
impact is likely very small, this change
in the eligibility requirement minimizes
economic impacts on such vessels by
allowing the opportunity to fish in the
Hook Sector that would not otherwise
be possible.
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Proposed Action
This final rule contains no collectionof-information requirement subject to
the Paperwork Reduction Act (PRA).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: March 28, 2008.
James W. Balsiger,
Acting Assistant Administrator For Fisheries,
National Marine Fisheries Service/
For the reasons stated in the preamble,
50 CFR part 648 is proposed to be
amended as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.87, paragraphs (d)(1)(ii)
and (d)(2)(i) are revised to read as
follows:
I
§ 648.87
*
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Sector allocation.
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(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. E8–6953 Filed 4–2–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106673–8011–02]
RIN 0648–XG86
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
American Fisheries Act Catcher
Processors Using Trawl Gear in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
jlentini on PROD1PC65 with RULES
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by American
Fisheries Act (AFA) trawl catcher
processors in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the B season
allowance of the 2008 Pacific cod total
VerDate Aug<31>2005
17:54 Apr 02, 2008
Jkt 214001
allowable catch (TAC) specified for AFA
trawl catcher processors in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 1, 2008, though 1200
hrs, A.l.t., June 10, 2008.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The B season allowance of the 2008
Pacific cod TAC allocated to AFA trawl
catcher processors in the BSAI is 877
metric tons (mt) as established by the
2008 and 2009 final harvest
specifications for groundfish in the
BSAI (73 FR 10160, February 26, 2008).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the B season allowance
of the 2008 Pacific cod TAC allocated to
AFA catcher processors in the BSAI will
soon be reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 0 mt, and is setting
aside the remaining 877 mt as bycatch
to support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by AFA
trawl catcher processors in the BSAI.
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
18219
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific cod by AFA
trawl catcher processors in the BSAI.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of March 27,
2008.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 28, 2008.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 08–1089 Filed 3–31–08; 3:59 pm]
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E:\FR\FM\03APR1.SGM
03APR1
]]>Agencies
[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Rules and Regulations]
[Pages 18215-18219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6953]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071017599-8435-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements the Georges Bank (GB) Cod Hook
Sector (Hook Sector) Fishing Year (FY) 2008 Operations Plan and
Agreement, approved by the Administrator, Northeast Region, NMFS
(Regional Administrator), and modifies the eligibility criteria for
membership for the Hook Sector and the GB Cod Fixed Gear Sector (Fixed
Gear Sector). Amendment 13 to the Northeast (NE) Multispecies Fishery
Management Plan (FMP) (Amendment 13) authorized allocation of up to 20
percent of the annual GB cod total allowable catch (TAC) to the Hook
Sector. Pursuant to that authorization, the Sector 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 requested an allocation of GB cod, consistent with the FMP.
This action results in authorization of the Sector Operations Plan
during the 2008 fishing year and allocation of 658 mt of GB cod to the
Sector. This rule also modifies the eligibility criteria for membership
in both the Hook Sector and the Fixed Gear Sector by allowing vessels
without GB cod landings history to join a sector.
DATES: Effective May 1, 2008.
ADDRESSES: Copies of the Sector Agreement, EA and the Final Regulatory
Flexibility Analysis (FRFA) are available from the Northeast Regional
Office: Patricia A. Kurkul, Regional Administrator, National Marine
Fisheries Service, One Blackburn Drive, Gloucester, MA 01930. The EA
and FRFA are also accessible via the Internet at https://www.noaa.gov/
nero/regs/com.html.
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: A proposed rule soliciting public comment on
the Sector Agreement for the Hook Sector was published in the Federal
Register on March 3, 2008 (73 FR 11376), with public comment accepted
through March 18, 2008. The Regional Administrator approved the FY 2008
Sector Operations Plan, based
[[Page 18216]]
on public comment, and based on a determination that the Operations
Plan and Agreement are consistent with the goals of the FMP and
applicable law and is in compliance with the regulations governing the
development and operation of a sector as specified under Sec. 648.87.
Details pertaining to the principal regulations applying to the Hook
Sector, the process of review and approval of sectors, and facts
regarding the Sector's submission of the FY 2008 Sector Agreement are
contained in the proposed rule. An EA entitled ``Approval of the
Georges Bank Cod Hook Sector Operations Plan Fishing Year 2008'', which
analyzes the impacts of the proposed Hook Sector operations, was also
prepared.
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.
The 2008 Sector Agreement contains the same elements as the FY 2007
Sector Agreement. The Sector Agreement will be overseen by a board of
directors and a Sector Manager. The Sector's GB cod TAC is based upon
the number of Sector members and their qualifying historic landings of
GB cod. The GB cod TAC is a ``hard'' TAC, meaning that, once the TAC is
caught, Sector vessels may not fish under a NE multispecies Day-at-Sea
(DAS), possess or land GB cod or other regulated species managed under
the FMP (regulated species), or use gear capable of catching groundfish
(unless fishing under charter/party or recreational regulations).
Should the hard TAC be exceeded, the Sector's allocation will be
reduced by the overharvest in the following year.
The FY 2008 Sector Agreement contains exemptions from the following
restrictions of the FMP: The GB and Gulf of Maine (GOM) cod trip limit;
the GOM, 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 total of nineteen 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, 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 qualifying landings histories of the Hook Sector
members, the Hook Sector's share of the overall U.S. portion of the GB
cod TAC is 658 mt (6.44 percent), or 1,450,566 lb (6.44 percent times
the fishery-wide GB cod target TAC of 10,222 mt). Note, the proposed
rule contained a calculation error that has been corrected in this
final rule. Specifically, the proposed rule GB cod TAC of 614 mt was
incorrect because it was based upon an incorrect percentage share of
6.01 percent, however the correct percentage share is 6.44 percent,
which results in a correct TAC of 658 mt.
The 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 will 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 will 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 will 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
will 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, will be allocated to each month of the fishing year. GB cod
quota that is not landed during a given month will 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. Once the annual TAC of GB cod is reached, Hook Sector
members 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 for the rest of the fishing year. The harvest
rules will 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 will 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 will 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 will 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 will be exempt from the
GB Seasonal Closure Area during May.
A Letter of Authorization will be issued to each member of the Hook
Sector exempting them, conditional upon their compliance with the
Sector Agreement, from the GOM and 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)(1) and (2);
648.81(g); 648.85(a)(3)(ii)(C); 648.82(k)(4)(ix); 648.82 (e)(2);
648.80(a)(3)(v) and (a)(4)(v); and 648.80(b)(2)(v), respectively. If
the effective date of the approval of the Hook Sector is past May 1,
2008, the Hook Sector would be allowed to fish under common pool rules
until the Hook Sector is approved, as authorized by Sec.
648.87(b)(1)(xii).
Based on the authority granted to the Secretary of Commerce under
Section 305(d) (16 U.S.C. 1855(d)) of the Magnuson-Stevens Act, this
final rule also modifies the regulations that define eligibility
criteria for membership in the Hook Sector and the Fixed Gear Sector,
in order to be consistent with the original 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
[[Page 18217]]
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 correcting 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 Council intent.
Comments and Responses
One pertinent comment was received from a representative of the
Hook Sector on the proposed rule.
Comment: The commenter expressed strong support for approval of the
Hook Sector Operations Plan and the modification to the eligibility
criteria for the Hook Sector and the Fixed Gear Sector.
Response: NMFS is approving the Hook Sector for FY 2008 and
modifying the eligibility criteria.
Classification
NMFS has determined that this final rule is consistent with the
FMP, the Magnuson-Stevens Act, and other applicable laws. This final
rule has been determined to be not significant for the purposes of
Executive Order (E.O.) 12866.
This final rule does not contain policies with federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
The Assistant Administrator for Fisheries finds that the need to
implement these measures in a timely manner in order to allow the Hook
Sector to fish at the start of the fishing year, constitutes good cause
under authority contained in 5 U.S.C. 553(d)(3), to establish an
effective date less than 30 days after the date of publication. Because
this final rule authorizes the Hook Sector to fish under the Hook
Sector's Operations Plan, members of the Hook Sector may not fish under
the Hook Sector rules until the final rule is effective. If the
effective date is delayed past May 1, 2008, the members would be
precluded from fishing under Operations Plan rules, which provide
relief from various restrictions of the Fishery Management Plan, and
enable more efficient fishing practices. A delay would likely result in
economic harm to the sector members by not allowing them to fish during
a very productive time of the fishing year.
Under an approved Operations Plan, with an effective date of May 1,
2008, the Hook Sector would be afforded exemptions from a seasonal
closure on Georges Bank, the differential Day-at-Sea (DAS) requirement,
the restriction on number of hooks, cod possession limits, the observer
notification requirement for the Western U.S./Canada Area, and the DAS
Leasing Program size restriction. The approval would coincide with the
beginning of the Fishing Year, May 1, which is one of the most
productive months for the fishery. If the effective date of the
approved Operations Plan is delayed, Hook Sector members would be
fishing under the more restrictivecommon pool'' regulations
until the approval. The GB seasonal closure and the cod trip limits are
two such regulations that would preclude or severely constrain their
fishing operations. The GB seasonal closure, which includes the area
traditionally fished by the Hook Sector, would prevent the Hook Sector
members from fishing on easily accessible fishing grounds. Due to the
current high cost of fuel, and the relatively small size of vessels in
the Hook Sector, it is not likely that vessels would travel a long
distance to fish in open areas, and there would be no revenue earned.
Even if vessels chose to travel to open fishing areas, they would be
subject to relatively low cod trip limits, and the other restrictions
which would result in low economic returns.
The need to establish an effective date less than 30 days after the
date of publication results from the objective of allowing vessels to
fish in the Hook Sector as of May 1, 2008, the beginning of the fishing
year, and the timing of the rulemaking process. The time period under
which these regulations were developed was short due to the complexity
and length of the process governing the Operations Plans approval. Due
to the limited time available to develop this rulemaking, there was
insufficient time remaining to allow for the full 30-day delay in
effectiveness. Therefore, for the reason above, the AA finds good cause
to waive the 30-day delay in effectiveness and to make these
regulations effective on May 1, 2008.
Because the Hook Sector will be fishing under a hard TAC for GB
cod, effort controls (i.e., the exemptions) are not necessary to
constrain the impact of the Sector on the GB cod stock. Should the
Sector's allocated GB cod TAC be caught, participating vessels would no
longer be allowed to fish under a NE multispecies DAS, possess or land
GB cod or other regulated species managed under the FMP, or use gear
capable of catching groundfish (unless fishing under recreational or
charter/party regulations). Sector members will be required to fish
under their current NE multispecies DAS allocation to account for any
other regulated NE multispecies that they may catch while fishing for
GB cod and are restricted to using hook gear only.
A FRFA was prepared as required by section 603 of the Regulatory
Flexibility Act (RFA). A summary of the IRFA was published in the
proposed rule for this action and is not repeated here. A description
of the action, why it is being considered, and the legal basis for this
action are contained in the preamble to the proposed rule and in the EA
prepared for this action, and is not repeated here.
Summary of the Issues Raised by Public Comments in Response to the
IRFA. A Summary of the Assessment of the Agency of Such Issues, and a
Statement of Any Changes Made From the Proposed Rule as a Result of
Such Comments
No public comments pertaining to the IRFA or the economic effects
of this action were received. In this final rule, a minor increase was
made to the size of the GB cod TAC in order to correct a calculation
error in the proposed rule, which will result in the potential for
additional revenue for the Hook Sector.
Description of and Estimate of the Number of Small Entities to Which
the Proposed Rule Would Apply
The Small Business Administration (SBA) size standard for small
commercial fishing entities is $ 4 million in annual gross sales. All
permitted and participating vessels in the groundfish fishery,
including prospective Hook Sector members, are considered to be small
entities because
[[Page 18218]]
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 will be
subject to the regulatory exemptions and operational restrictions
approved for the Hook Sector for FY 2008.
Description of Steps the Agency Has Taken to Minimize the Economic
Impact on Small Enitites Consistent With the Stated Objectives of
Applicable Statutes
Approval of the FY 2008 Sector Agreement results in an allocation
of 658 mt of GB cod to the Hook Sector, and minimization of economic
impacts on the Hook 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 FMP, or use gear capable of catching groundfish
(unless fishing under recreational or party/charter regulations). Hook
Sector vessels may only fish with jigs, non-automated demersel
longline, or handgear. Under the Sector Agreement, members will be
exempt from several restrictions of the FMP described in the preamble
to the proposed and final rule and in the EA.
This action will positively impact the members of the Hook Sector's
19 vessels that have voluntarily joined the Hook Sector, who are
relatively dependendant upon groundfish revenue compared to other
participants in the groundfish fishery. The approval of the Hook Sector
and allocation of GB cod TAC will 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 will 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. For the above reasons, approval of the FY
2008 Sector Agreement minimizes the impact on small entities.
In contrast, under the No Action alternative, all Sector members
would have remained in the common pool of vessels and fished under all
the rules implemented by Amendment 13 and subsequent Framework
Adjustments. Under the regulatory scenario of the No Action
alternative, relative to the preferred alternative, Sector members
would likely have faced increased economic uncertainty, loss of
efficiency, and loss of revenue. Because cod usually represents a high
proportion of total fishing income for hook gear vessels, revenues for
Sector members are sensitive to regulations that impact how and when
they can fish for cod, such as trip limits and hook gear restrictions.
Sector members would have been unnecessarily impacted by regulations
designed to affect the catch of species of which hook gear catches very
little (e.g., yellowtail flounder, because hook gear is more selective
than other gear types). For example, under the No Action alternative,
Sector members would have been affected by the differential DAS
counting requirement, one of the objectives of which is to protect
yellowtail flounder.
No other alternatives beyond the No Action were considered during
the development of this 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, 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 Hook Sector developed the Sector
Agreement after consultation with prospective members. Prospective
members then signed a binding sector contract to abide by the measures
specified in the Sector Agreement. As described above, the approved
Sector Agreement minimizes economic impacts to participating vessels by
allowing them to operate more efficiently. Accordingly, the approved
Sector Agreement 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 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 prior to approval of this action.
Modification of the eligibility criteria for the Hook Sector and
the Fixed Gear Sector will 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.
Although, the number of vessels that this modification will impact is
likely very small, this change in the eligibility requirement minimizes
economic impacts on such vessels by allowing the opportunity to fish in
the Hook Sector that would not otherwise be possible.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Action
This final rule contains no collection-of-information requirement
subject to the Paperwork Reduction Act (PRA).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 28, 2008.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries
Service/
0
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
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.87, paragraphs (d)(1)(ii) and (d)(2)(i) are revised to
read as follows:
Sec. 648.87 Sector allocation.
* * * * *
[[Page 18219]]
(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. E8-6953 Filed 4-2-08; 8:45 am]
BILLING CODE 3510-22-S
