Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2009 Georges Bank Cod Hook Sector Operations Plan and Agreement, and Allocation of Georges Bank Cod Total Allowable Catch, 17102-17106 [E9-8521]
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17102
§ 195.3
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations
Incorporation by reference.
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B. American Petroleum Institute (API): (1) ANSI/API Specification 5L/ §§ 195.106(b)(1)(i); 195.106(e).
ISO 3183 ‘‘Specification for Line Pipe’’ (43rd edition and errata,
2004; and 44th edition, 2007).
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(10) API 1104 ‘‘Welding of Pipelines and Related Facilities’’ (19th edi- §§ 195.222; 195.228(b); 195.214(a).
tion 1999, including errata October 31, 2001; and 20th edition 2007,
including errata 2008).
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Issued in Washington, DC, on April 6, 2009
under the authority delegated in part 1.
Cynthia Douglass,
Acting Deputy Administrator.
[FR Doc. E9–8376 Filed 4–13–09; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 060525140–6221–02]
RIN 0648–XO46
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Resources of the South
Atlantic; Trip Limit Reduction
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
NMFS reduces the
commercial trip limit for golden tilefish
in the South Atlantic to 300 lb (136 kg)
per trip in or from the exclusive
economic zone (EEZ). This trip limit
reduction is necessary to protect the
South Atlantic golden tilefish resource.
DATES: This rule is effective 12:01 a.m.,
local time, April 21, 2009, through
December 31, 2009, unless changed by
further notification in the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Catherine Bruger, telephone 727–824–
5305, fax 727–824–5308, e-mail
Catherine.Bruger@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
SUMMARY:
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Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Under 50 CFR 622.44(c)(2)(ii), NMFS
is required to reduce the trip limit in the
commercial fishery for golden tilefish
from 4,000 lb (1,814 kg) to 300 lb (136
kg) per trip when 75 percent of the
fishing year quota is met, by filing a
notification to that effect in the Federal
Register. Based on current statistics,
NMFS has determined that 75 percent of
the available commercial quota of
295,000 lb (133,810 kg), gutted weight,
for golden tilefish will be reached on or
before April 10, 2009. To provide the
commercial fishery participants
adequate advance notice of the trip limit
reduction, NMFS is reducing the
commercial golden tilefish trip limit to
300 lb (136 kg) in the South Atlantic
EEZ from 12:01 a.m., local time, April
21, 2009, until the quota is reached and
the fishery closes or through December
31, 2009, whichever occurs first.
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 prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the rule itself has
already been subject to notice and
comment, and all that remains is to
notify the public of the trip limit
reduction. Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to implement this action in
a timely manner to protect the fishery
because the capacity of the fishing fleet
allows for rapid harvest of the quota.
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Prior notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established quota.
For the aforementioned reasons, the
AA also finds good cause to provide less
than the 30-day delay in the
effectiveness of this action under 5
U.S.C. 553(d)(3). However, to provide
reasonable notice of the trip limit
reduction to the commercial fishery
participants and allow them to adjust
fishing practices accordingly, NMFS is
providing a 7-day delay in the
effectiveness of this trip limit reduction.
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 8, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–8530 Filed 4–13–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.090122047–9252–02]
RIN 0648–XM11
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2009 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
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(Hook Sector) Fishing Year (FY) 2009
Operations Plan and Agreement,
approved by the Administrator,
Northeast (NE) Region, NMFS (Regional
Administrator), and allocates a hard
total allowable catch (TAC) of GB cod to
the Hook Sector. Amendment 13 to the
Northeast (NE) Multispecies Fishery
Management Plan (FMP) implemented
the Hook Sector and authorized annual
allocation of up to 20 percent of the GB
cod TAC to the Hook Sector. Pursuant
to that authorization, the Hook Sector
submitted an Operations Plan and
Sector Contract entitled, ‘‘Georges Bank
Cod Hook Sector Fishing Year 2009–
2010 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 for FY 2009 and allocation of 350.1
mt of GB cod to the Hook Sector.
DATES: Effective May 1, 2009, through
April 30, 2010.
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, 55 Great
Republic Drive, Gloucester, MA 01930.
These documents are also accessible via
the Federal eRulemaking Portal: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Sector Policy Analyst,
phone (978) 281–9145, fax (978) 281–
9135, e-mail Mark.Grant@NOAA.gov.
SUPPLEMENTARY INFORMATION: A
proposed rule soliciting public
comment on the Sector Agreement and
EA for the Hook Sector was published
in the Federal Register on February 10,
2009 (74 FR 6564), with public
comment accepted through February 25,
2009. The Regional Administrator
approved the FY 2009 Sector Operations
Plan, after considering public
comments, and based on a
determination that the Sector
Agreement is consistent with the goals
of the FMP and applicable law and is in
compliance with the regulations
governing the development and
operation of a sector as specified under
§ 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 Hook Sector’s submission of the FY
2009 Sector Agreement are contained in
the proposed rule. An EA entitled
‘‘Georges Bank Cod Hook Sector: An
Environmental Assessment,’’ which
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analyzes the impacts of the proposed
Hook Sector operations, was also
prepared.
On January 16, 2009, NMFS proposed
a temporary Secretarial interim action
(74 FR 2959) that would implement
measures intended to reduce overfishing
on several groundfish stocks. The
proposed rule soliciting public
comment on the Sector Agreement for
the Hook Sector referenced three
proposed interim measures that would
impact operations of the Hook Sector: A
3,506–mt overall U.S. GB cod TAC; an
expanded Gulf of Maine (GOM)
differential Day-at-Sea (DAS) counting
area that overlaps the GB Cod Hook
Sector Area (Hook Sector Area); and
elimination of the current prohibition
on leasing DAS between sector vessels
and non-sector vessels. On April 13,
2009, NMFS published a temporary
final rule that differs from the proposed
interim rule. This final rule approving
the Hook Sector’s FY 2009 Sector
Operations Plan incorporates the
changes implemented by the temporary
final rule.
The Hook Sector was authorized to
fish in FYs 2004, 2005, 2006, 2007, and
2008, and, based upon the GB cod
landings history of its members, was
allocated 12.60, 11.70, 10.03, 8.02, and
6.44 percent, respectively, of the annual
GB cod TAC.
The 2009 Sector Agreement contains
the same elements and exemptions as
the 2008 Sector Agreement. The Hook
Sector Agreement will be overseen by a
Board of Directors and a Sector
Manager. The Hook Sector’s GB cod
TAC is based upon the Hook Sector
members’ qualifying historical landings
of GB cod. The GB cod TAC is a ‘‘hard’’
TAC, meaning that, once the TAC is
caught, Hook Sector vessels may not
fish under a NE multispecies DAS,
possess or land GB cod or other
regulated species managed under the
FMP (regulated species), or use gear
capable of catching groundfish (unless
fishing under charter/party or
recreational regulations). Should the
hard TAC be exceeded, the Hook
Sector’s allocation in the following year
will be reduced by an amount
equivalent to the overharvest.
The FY 2009 Sector Agreement
contains exemptions from the following
restrictions of the FMP: The GB cod trip
limit; the GOM, GB, and Southern New
England (SNE) limits on the number of
hooks fished; the GB Seasonal Closure
Area; the DAS Leasing Program vessel
size restrictions; differential DAS
counting within the Hook Sector Area;
and the Western U.S./Canada Area 72–
hr observer program notification.
Justification for the proposed
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17103
exemptions and analysis of the potential
impacts of the Operations Plan, with the
exception of the exemption from
differential DAS discussed below, are
contained in the EA.
A total of 24 Hook Sector members
signed the FY 2009 Hook Sector
Contract. The GB cod TAC calculation
is based upon the historical cod
landings of the participating Hook
Sector vessels. The allocation
percentage is calculated by dividing the
sum of total landings of GB cod landed
by 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
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 8.09 percent, or 771,838
lb (350.1 mt) (8.09 percent times the
2009 fishery-wide GB cod target TAC of
9,541,607 lb (4,328 mt)). This is a larger
TAC than the 284–mt TAC contained in
the proposed rule for this action because
the temporary final rule implements a
4,328–mt U.S. share of the GB cod target
TAC rather than the 3,506–mt target
TAC previously proposed.
The Sector Contract contains
procedures for the enforcement of the
Operations Plan, 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 are required
to land fish only in designated landing
ports and are required to provide the
Hook Sector Manager with a copy of the
Vessel Trip Report (VTR) within 48 hr
of offloading. Dealers purchasing fish
from participating vessels are 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 must transmit to
NMFS aggregate catch data from dealer
slips and aggregate discard data from
the VTRs. After 90 percent of the Hook
Sector’s allocation has been harvested,
the Hook Sector Manager is 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, is 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.
The harvest rules do 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.
Participating vessels will not be
allowed to fish with or have on board
gear other than jigs, non-automated
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demersal longline gear, or handgear.
Participating Hook Sector vessels may
use an unlimited number of hooks in
the Hook Sector Area and are exempt
from the GB Seasonal Closure Area.
Participating vessels are required to
call the Sector Manager prior to leaving
port on a fishing trip. All legal-sized cod
caught must be retained, landed and
counted against the Hook Sector’s GB
cod TAC. For each fishing trip,
participating vessels are 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 have a
1,000–lb (454–kg) trip limit for white
hake (consistent with current
regulations); a 2,000–lb (907–kg) trip
limit for GB winter flounder (more
restrictive than current regulations); and
a 100–lb (45–kg) trip limit for all
yellowtail flounder (more restrictive
than current regulations). All of these
exemptions were approved for FY 2006
and FY 2007 because the Hook Sector’s
operations plans for those years were
determined to be conservation
equivalent to differential DAS counting
for meeting the mortality reduction and
stock rebuilding goals of both the 2006
Secretarial Action and Framework
Adjustment 42.
An expanded GOM differential DAS
counting area (i.e., the Interim
Differential DAS Area) was proposed in
the Secretarial interim action and NMFS
specifically solicited public comment
on exempting the Hook Sector. The
temporary final rule does not implement
the proposed Interim Differential DAS
Area and instead maintains the existing
differential DAS counting area in the
GOM, as established in the FMP.
However, the existing SNE Differential
DAS Area is replaced by the Interim
SNE Differential DAS Area which
overlaps the Hook Sector Area. NE
multispecies vessels declared into and
fishing in the Interim SNE Differential
DAS Area using hook gear are exempt
from the differential DAS counting rate.
NMFS is granting the Hook Sector an
exemption from differential DAS
counting in the Hook Sector Area
consistent with the universal exemption
from the differential DAS counting rate
for all vessels using hook gear in the
Interim SNE Differential DAS Area and
a determination that the Hook Sector’s
operations plan is conservation
equivalent to the GOM differential DAS
counting. The determination of
conservation equivalency is based upon
landings data from recent years which
demonstrate that the Hook Sector has
very low impact on the stocks of
concern addressed by the GOM
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Differential DAS Area and restrictive
trip limits for yellowtail flounder, GB
winter flounder, and white hake
included in the Hook Sector’s Sector
Agreement.
Comments and Responses
Eight comments were received that
addressed this action. Five comments
were from commercial fishing industry
groups, one from an environmental
organization, one from the New England
Fishery Management Council (Council),
and one from an individual. Six of the
commenters specifically supported
approval of the operations plan. Two of
the commenters commented only on
specific exemption requests.
Comment 1: One industry group,
Associated Fisheries of Maine, opposed
granting the Hook Sector an exemption
from differential DAS counting based
upon the lack of measures in the Hook
Sector’s Operation Plan directly
addressing conservation equivalency of
the Operations Plan with the proposed
Interim Differential DAS Area. However,
three industry groups and one
individual specifically supported
exempting the Hook Sector from
differential DAS counting. The Cape
Cod Commercial Hook Fishermen’s
Association (CCCHFA) submitted a
comment including a justification for
exempting the Hook Sector from the
proposed differential DAS counting area
based on the very limited interaction of
hook gear with yellowtail, witch,
winter, and windowpane flounders, and
the minimal catch of halibut and
pollock by the Hook Sector.
Response: The temporary final rule
does not implement the proposed
Interim Differential DAS Area and
instead maintains the existing
differential DAS counting area in the
GOM. NMFS is granting the Hook Sector
an exemption from differential DAS
counting in the Hook Sector Area
consistent with the universal exemption
from the differential DAS counting rate
for all vessels using hook gear in the
Interim SNE Differential DAS Area and
a determination that the Hook Sector’s
operations plan is conservation
equivalent to the GOM differential DAS
counting, as discussed above.
Comment 2: The Council opposed
granting the Hook Sector an exemption
from the DAS Leasing Program size
restrictions if it was interpreted to apply
to the leasing of DAS from small sector
boats to large non-sector boats because
this would be inconsistent with the
intent of the DAS Leasing Program as
adopted in Amendment 13. Two
industry groups and one individual
supported granting the Hook Sector an
exemption from the DAS Leasing
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Program size restrictions. Comments
submitted by the CCCHFA and the Hook
Sector expressed their support, with the
understanding that leases between
sector and non-sector vessels would not
be exempt from the DAS Leasing
Program size restrictions. One
individual also supported granting the
exemption from the DAS Leasing
Program size restrictions.
Response: The exemption from the
size restrictions of the DAS Leasing
Program for leases between Hook Sector
vessels is granted because vessel size is
not the limiting factor in determining
the number of hooks that can be fished
by a vessel, and therefore, the
exemption will not result in an increase
in effort within the sector. The
Secretarial interim action did not grant
an exemption from the DAS Leasing
Program size restrictions for DAS leases
between sector and non-sector vessels
and such an exemption is not granted by
this action.
Comment 3: The GB cod TAC
proposed for allocation to the Hook
Sector was based on the 3,506–mt U.S.
fishery-wide GB cod target TAC
published in the proposed interim rule.
The Council asserted that the GB cod
TAC being allocated to the Hook Sector
was incorrectly based on the estimated
TAC for the entire GB cod stock,
including the portion of that TAC that
is caught by Canadian vessels in
Canadian waters (1,173 mt for 2009).
The Council stated that the Hook
Sector’s GB cod TAC should be based
on 2,333 mt (3,506 mt — 1,173 mt).
Response: The 3,506–mt figure was
correct and was based on the 4,679–mt
estimated TAC for the entire GB cod
stock (4,679 mt - 1,173 mt) that is
proposed for FY 2009. Accordingly, the
Hook Sector TAC was correct as
proposed. However, this action allocates
a larger GB cod TAC (350.1 mt) to the
Hook Sector than was proposed (284 mt)
because the temporary final rule
implements a 4,328–mt U.S. share of the
GB cod target TAC rather than the
3,506–mt target TAC previously
proposed.
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 limits on the
number of hooks that may be fished in
the GOM, GB, and SNE regulated mesh
areas; the GB Seasonal Closure Area;
differential DAS counting; the DAS
Leasing Program vessel size restrictions;
the Western U.S./Canada Area 72–hr
observer notification requirement; and
GB cod possession restrictions, as
specified in §§ 648.80; 648.81; 648.82;
648.85; and 648.86, respectively.
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Classification
NMFS has determined that this final
rule is consistent with the FMP, the
Magnuson-Stevens Fishery
Conservation and Management Act, and
other applicable laws.
Pursuant to 5 U.S.C. 553(d)(1), the
Assistant Administrator for Fisheries,
NOAA, (Assistant Administrator) has
determined that this rule is not subject
to the 30-day delayed effectiveness
provision of the Administrative
Procedure Act because it provides the
basis for NMFS to grant, effective with
the start of the fishing year on May 1,
2009, Hook Sector members exemptions
from the following regulations
implementing the FMP:
1. GB cod trip limits;
2. GB Seasonal Closure Area;
3. GOM, GB, and SNE limit on
number of hooks fished;
4. DAS Leasing Program size
restrictions; and
5. 72-hour advance notification of the
observer program for trips to the
Western U.S./Canada Management Area.
Because the Hook Sector will be
fishing under a hard TAC for GB cod,
effort controls (i.e., exemptions 1–4
above) are not necessary to constrain the
impact of the Fixed Gear Sector on the
GB cod stock. Also, the Hook Sector is
restricted to using hook gear, which has
extremely limited interaction with
yellowtail flounder, making it
unnecessary for the Hook Sector to have
observers monitor Hook Sector catch of
yellowtail flounder in the Western U.S./
Canada Management Area (exemption 5
above). Should the Hook Sector’s
allocated GB cod TAC be harvested,
participating vessels would no longer be
allowed to fish under a NE multispecies
DAS, possess or land GB cod or other
regulated species managed under the
FMP, or use gear capable of catching
groundfish (unless fishing under
recreational or charter/party
regulations). Hook 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.
In order for GB cod to be allocated to
the Hook Sector, and the Hook Sector
authorized to fish in FY 2009, the Hook
Sector must submit an Operations Plan
and Sector Contract to the Regional
Administrator for approval. The Hook
Sector submitted its FY 2009 Operations
Plan on September 30, 2008, followed
by a signed Sector Contract on October
1, 2008, and an EA on November 14,
2008. On January 16, 2009, NMFS
published a proposed interim action
that proposed measures intended to
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reduce overfishing on certain
groundfish stocks, based on a new
benchmark stock assessment completed
in August 2008. Three of the proposed
interim measures would have impacted
operations of the Hook Sector: A 3,506–
mt overall U.S. GB cod TAC; an
expanded Gulf of Maine Differential
DAS counting area that overlaps the
Hook Sector Area; and elimination of
the current prohibition on leasing DAS
between sector vessels and non-sector
vessels. NMFS also published a
proposed rule soliciting comment on the
proposed Operations Plan of the Hook
Sector on February 10, 2009, and
specifically solicited comment on the
interaction of the proposed interim
action and the proposed sector
operations. The comment period on the
proposed sector operations plan ended
on February 25, 2009. On April 13,
2009, NMFS published a temporary
final rule that differs from the proposed
interim rule. The Regional
Administrator approved the FY 2009
Sector Operations Plan, after review of
the public comments and a
determination that the Operations Plan
and Agreement are consistent with the
goals of the FMP and applicable law,
and are in compliance with the
regulations governing the development
and operation of a sector as specified
under § 648.87.
Implementation of the Sector
Operations Plan is meant to mitigate
adverse economic impacts that resulted
from Amendment 13 and FW 42 to the
FMP by granting exemptions to the
Hook Sector. Establishing an effective
date 30 days after the publication of this
final rule would prevent the Hook
Sector from commencing sector
operations with the start of the fishing
year on May 1, 2009. Delaying the
implementation beyond May 1, 2009,
would result in an unnecessary
economic loss to the members of the
Hook Sector because vessels would be
prevented from fishing in a month when
15 percent of the annual GB cod
landings historically occur, and when
the price for GB cod is highest. During
the month of May, landings of cod by
hook gear are at their highest, and the
Hook Sector is exempt from both hook
limits and a seasonal closure of a large
portion of its historic fishing area.
Further, vessels participating in the
Hook Sector in FY 2008 are currently
operating under the exemptions above.
Delaying implementation beyond May
1, 2009, would create a gap in the
annual exemptions for this sector,
forcing these vessels to remove gear
currently in the water at a high expense.
This final rule is exempt from the
procedures of Executive Order (E.O.)
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17105
12866 because this action contains no
implementing regulations.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively. There are no Federal rules
that duplicate, overlap, or conflict with
this final rule.
A final regulatory flexibility analysis
(FRFA) was prepared. The FRFA
incorporates the initial regulatory
flexibility analysis (IRFA), a summary of
the significant issues raised by the
public comments in response to the
IRFA, NMFS responses to those
comments, and a summary of the
analyses completed to support the
action.
A description of why this action was
considered, along with the objectives of,
and the legal basis for this rule is
contained in the preamble to this rule as
well as in sections 1.0, 2.0, and 3.0 of
the EA prepared for this action, which
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.
Description of and Estimate of the
Number of Small Entities to Which the
Proposed Rule Would Apply
The Small Business Administration
size standard for small commercial
fishing entities is $4 million in average
annual receipts, and the size standard
for small charter/party operators is $6.5
million in average annual receipts. All
permitted and participating vessels in
the groundfish fishery, including
prospective Hook Sector members, are
considered to be small entities because
gross sales by any one entity (vessel) do
not exceed this threshold, and,
therefore, there is no disproportionate
impact between large and small entities.
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 Hook Sector members, are
considered to be small entities because
gross sales by any one entity (vessel) do
not exceed this threshold. The number
of participants in the Hook Sector is 24,
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substantially less than the total number
of active vessels in the groundfish
fishery. Only these 24 vessels will be
subject to the regulatory exemptions and
operational restrictions proposed for the
Hook Sector for FY 2009.
Description of the Projected Reporting,
Record-keeping, and Other
Requirements of the Rule
This rule contains no collection-ofinformation requirement subject to the
Paperwork Reduction Act.
Description of Steps the Agency Has
Taken to Minimize the Economic
Impact on Small Entities Consistent
With the Stated Objectives of Applicable
Statutes
This action allocates a GB cod TAC of
350.1 mt to the Hook Sector, unless
changed through the Secretarial interim
final rule, as discussed in this preamble.
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). Vessel owners intending to
fish in the Hook Sector during FY 2009
may only fish with hook gear. Under the
proposed Operations Plan, members
would be exempt from several
restrictions of the FMP described in the
preamble to this rule and in the EA.
This action will positively impact the
24 vessels that have voluntarily joined
the Hook Sector. The approval of the
Hook Sector and allocation of GB cod
TAC will indirectly benefit the
communities of Chatham, MA, and
Harwichport, MA, and to a lesser extent
other Cape Cod communities involved
in the groundfish fishery. The Hook
Sector fishermen and the communities
of Chatham, MA, and Harwichport, MA,
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 fishermen and communities.
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 it was
likely that at least some of the active
groundfish vessels in Chatham and
Harwichport were even more than 71–
percent dependent on the NE
multispecies fishery.
Haddock and cod comprised the
largest proportion of Hook Sector
landings (62.47 percent and 32.46
percent, respectively, in FY 2007).
VerDate Nov<24>2008
15:32 Apr 13, 2009
Jkt 217001
During FY 2007, members of the Hook
Sector made 239 trips; landed 155,453
lb (70,512 kg) of cod and 299,126 lb
(135,681 kg) of haddock; and generated
approximately $ 290,697 and $ 523,471
in revenue from those species,
respectively (assuming a dockside price
of $ 1.87 and $ 1.75 per lb ($4.11 and
$ 3.85 per kg), respectively). The FY
2007 data indicated a 34–percent
decline in the number of trips, a 13–
percent decline in cod landings, and a
16–percent increase in haddock
landings compared to FY 2006. The net
effect was a 3.2–percent increase in
revenue from cod and haddock, and a
55–percent increase in revenue per trip
from these species compared to FY
2006. Hook Sector members also landed
various other species, which increased
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 FW 42; October
23, 2006; 71 FR 62156). The Hook
Sector, by fishing under rules that are
designed to meet their needs (as well as
the conservation requirements of the
FMP), is afforded a larger degree of
flexibility and efficiency, which result
in economic gains. For example, Hook
Sector members are able to plan their
fishing activity and income in advance
with more certainty due to the fact that
there is a cod TAC, which is
apportioned to each month of the year.
They are able to maximize their
efficiency (revenue per trip) due to the
exemption from trip limits and limits on
the number of hooks fished. Forty-one
of the Hook Sector’s 239 trips (17
percent) in FY 2007 landed more than
the daily GB cod trip limit (1,000 lb/
day; 454 kg/day) in place for the
common pool vessels (non-sector
vessels). This resulted in an additional
77,429 lb (35,121 kg) (49.8 percent of
the Hook Sector’s FY 2007 cod landings)
being landed, rather than discarded. For
some vessel owners in the Hook Sector,
participation in the Hook Sector enables
their businesses to remain economically
viable.
In contrast, under the No Action
alternative, all Hook Sector members
would have remained in the common
pool of vessels and fished under all the
rules implemented by Amendment 13
and subsequent actions. Under the
regulatory scenario of the No Action
alternative, relative to the alternative
implemented by this rule, Hook Sector
members would likely have faced
increased economic uncertainty, loss of
efficiency, and loss of revenue, as noted
above. Because cod usually represents a
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
high proportion of total fishing income
for hook gear vessels, revenues for Hook
Sector members are sensitive to
regulations that impact how and when
they can fish for cod, such as possession
limits and restrictions on the number of
hooks that can be fished. A copy of this
analysis is available from NMFS (see
ADDRESSES).
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to Hook
Sector members that also serves as small
entity compliance guide (the guide) was
prepared. Copies of this final rule are
available from the Regional
Administrator. The guide and this final
rule will be available upon request.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 8, 2009.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. E9–8521 Filed 4–13–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061228342–7068–02]
RIN 0648–XO47
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; Total
Allowable Catch Harvested for
Management Area 2
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; Closure.
SUMMARY: NMFS announces that,
effective 0001 hours, April 15, 2009,
federally permitted vessels may not fish
for, catch, possess, transfer, or land
more than 2,000 lb (907.2 kg) of Atlantic
herring in or from Management Area 2
(Area 2) per trip or calendar day until
January 1, 2010, when the 2010 total
allowable catch (TAC) becomes
E:\FR\FM\14APR1.SGM
14APR1
]]>Agencies
[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17102-17106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8521]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.090122047-9252-02]
RIN 0648-XM11
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2009 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
[[Page 17103]]
(Hook Sector) Fishing Year (FY) 2009 Operations Plan and Agreement,
approved by the Administrator, Northeast (NE) Region, NMFS (Regional
Administrator), and allocates a hard total allowable catch (TAC) of GB
cod to the Hook Sector. Amendment 13 to the Northeast (NE) Multispecies
Fishery Management Plan (FMP) implemented the Hook Sector and
authorized annual allocation of up to 20 percent of the GB cod TAC to
the Hook Sector. Pursuant to that authorization, the Hook Sector
submitted an Operations Plan and Sector Contract entitled, ``Georges
Bank Cod Hook Sector Fishing Year 2009-2010 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 for FY 2009 and allocation of 350.1 mt of GB cod
to the Hook Sector.
DATES: Effective May 1, 2009, through April 30, 2010.
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, 55 Great Republic Drive, Gloucester, MA 01930. These
documents are also accessible via the Federal eRulemaking Portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Sector Policy Analyst,
phone (978) 281-9145, fax (978) 281-9135, e-mail Mark.Grant@NOAA.gov.
SUPPLEMENTARY INFORMATION: A proposed rule soliciting public comment on
the Sector Agreement and EA for the Hook Sector was published in the
Federal Register on February 10, 2009 (74 FR 6564), with public comment
accepted through February 25, 2009. The Regional Administrator approved
the FY 2009 Sector Operations Plan, after considering public comments,
and based on a determination that the Sector Agreement is consistent
with the goals of the FMP and applicable law and is in compliance with
the regulations governing the development and operation of a sector as
specified under 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 Hook Sector's submission
of the FY 2009 Sector Agreement are contained in the proposed rule. An
EA entitled ``Georges Bank Cod Hook Sector: An Environmental
Assessment,'' which analyzes the impacts of the proposed Hook Sector
operations, was also prepared.
On January 16, 2009, NMFS proposed a temporary Secretarial interim
action (74 FR 2959) that would implement measures intended to reduce
overfishing on several groundfish stocks. The proposed rule soliciting
public comment on the Sector Agreement for the Hook Sector referenced
three proposed interim measures that would impact operations of the
Hook Sector: A 3,506-mt overall U.S. GB cod TAC; an expanded Gulf of
Maine (GOM) differential Day-at-Sea (DAS) counting area that overlaps
the GB Cod Hook Sector Area (Hook Sector Area); and elimination of the
current prohibition on leasing DAS between sector vessels and non-
sector vessels. On April 13, 2009, NMFS published a temporary final
rule that differs from the proposed interim rule. This final rule
approving the Hook Sector's FY 2009 Sector Operations Plan incorporates
the changes implemented by the temporary final rule.
The Hook Sector was authorized to fish in FYs 2004, 2005, 2006,
2007, and 2008, and, based upon the GB cod landings history of its
members, was allocated 12.60, 11.70, 10.03, 8.02, and 6.44 percent,
respectively, of the annual GB cod TAC.
The 2009 Sector Agreement contains the same elements and exemptions
as the 2008 Sector Agreement. The Hook Sector Agreement will be
overseen by a Board of Directors and a Sector Manager. The Hook
Sector's GB cod TAC is based upon the Hook Sector members' qualifying
historical landings of GB cod. The GB cod TAC is a ``hard'' TAC,
meaning that, once the TAC is caught, Hook Sector vessels may not fish
under a NE multispecies DAS, possess or land GB cod or other regulated
species managed under the FMP (regulated species), or use gear capable
of catching groundfish (unless fishing under charter/party or
recreational regulations). Should the hard TAC be exceeded, the Hook
Sector's allocation in the following year will be reduced by an amount
equivalent to the overharvest.
The FY 2009 Sector Agreement contains exemptions from the
following restrictions of the FMP: The GB cod trip limit; the GOM, GB,
and Southern New England (SNE) limits on the number of hooks fished;
the GB Seasonal Closure Area; the DAS Leasing Program vessel size
restrictions; differential DAS counting within 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, with the exception of the exemption
from differential DAS discussed below, are contained in the EA.
A total of 24 Hook Sector members signed the FY 2009 Hook Sector
Contract. The GB cod TAC calculation is based upon the historical cod
landings of the participating Hook Sector vessels. The allocation
percentage is calculated by dividing the sum of total landings of GB
cod landed by 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
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 8.09
percent, or 771,838 lb (350.1 mt) (8.09 percent times the 2009 fishery-
wide GB cod target TAC of 9,541,607 lb (4,328 mt)). This is a larger
TAC than the 284-mt TAC contained in the proposed rule for this action
because the temporary final rule implements a 4,328-mt U.S. share of
the GB cod target TAC rather than the 3,506-mt target TAC previously
proposed.
The Sector Contract contains procedures for the enforcement of the
Operations Plan, 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 are required to land fish only in
designated landing ports and are required to provide the Hook Sector
Manager with a copy of the Vessel Trip Report (VTR) within 48 hr of
offloading. Dealers purchasing fish from participating vessels are
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
must transmit to NMFS aggregate catch data from dealer slips and
aggregate discard data from the VTRs. After 90 percent of the Hook
Sector's allocation has been harvested, the Hook Sector Manager is
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, is
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. The harvest rules do 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.
Participating vessels will not be allowed to fish with or have on
board gear other than jigs, non-automated
[[Page 17104]]
demersal longline gear, or handgear. Participating Hook Sector vessels
may use an unlimited number of hooks in the Hook Sector Area and are
exempt from the GB Seasonal Closure Area.
Participating vessels are required to call the Sector Manager prior
to leaving port on a fishing trip. All legal-sized cod caught must be
retained, landed and counted against the Hook Sector's GB cod TAC. For
each fishing trip, participating vessels are 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 have a 1,000-lb (454-kg) trip limit for
white hake (consistent with current regulations); a 2,000-lb (907-kg)
trip limit for GB winter flounder (more restrictive than current
regulations); and a 100-lb (45-kg) trip limit for all yellowtail
flounder (more restrictive than current regulations). All of these
exemptions were approved for FY 2006 and FY 2007 because the Hook
Sector's operations plans for those years were determined to be
conservation equivalent to differential DAS counting for meeting the
mortality reduction and stock rebuilding goals of both the 2006
Secretarial Action and Framework Adjustment 42.
An expanded GOM differential DAS counting area (i.e., the Interim
Differential DAS Area) was proposed in the Secretarial interim action
and NMFS specifically solicited public comment on exempting the Hook
Sector. The temporary final rule does not implement the proposed
Interim Differential DAS Area and instead maintains the existing
differential DAS counting area in the GOM, as established in the FMP.
However, the existing SNE Differential DAS Area is replaced by the
Interim SNE Differential DAS Area which overlaps the Hook Sector Area.
NE multispecies vessels declared into and fishing in the Interim SNE
Differential DAS Area using hook gear are exempt from the differential
DAS counting rate. NMFS is granting the Hook Sector an exemption from
differential DAS counting in the Hook Sector Area consistent with the
universal exemption from the differential DAS counting rate for all
vessels using hook gear in the Interim SNE Differential DAS Area and a
determination that the Hook Sector's operations plan is conservation
equivalent to the GOM differential DAS counting. The determination of
conservation equivalency is based upon landings data from recent years
which demonstrate that the Hook Sector has very low impact on the
stocks of concern addressed by the GOM Differential DAS Area and
restrictive trip limits for yellowtail flounder, GB winter flounder,
and white hake included in the Hook Sector's Sector Agreement.
Comments and Responses
Eight comments were received that addressed this action. Five
comments were from commercial fishing industry groups, one from an
environmental organization, one from the New England Fishery Management
Council (Council), and one from an individual. Six of the commenters
specifically supported approval of the operations plan. Two of the
commenters commented only on specific exemption requests.
Comment 1: One industry group, Associated Fisheries of Maine,
opposed granting the Hook Sector an exemption from differential DAS
counting based upon the lack of measures in the Hook Sector's Operation
Plan directly addressing conservation equivalency of the Operations
Plan with the proposed Interim Differential DAS Area. However, three
industry groups and one individual specifically supported exempting the
Hook Sector from differential DAS counting. The Cape Cod Commercial
Hook Fishermen's Association (CCCHFA) submitted a comment including a
justification for exempting the Hook Sector from the proposed
differential DAS counting area based on the very limited interaction of
hook gear with yellowtail, witch, winter, and windowpane flounders, and
the minimal catch of halibut and pollock by the Hook Sector.
Response: The temporary final rule does not implement the proposed
Interim Differential DAS Area and instead maintains the existing
differential DAS counting area in the GOM. NMFS is granting the Hook
Sector an exemption from differential DAS counting in the Hook Sector
Area consistent with the universal exemption from the differential DAS
counting rate for all vessels using hook gear in the Interim SNE
Differential DAS Area and a determination that the Hook Sector's
operations plan is conservation equivalent to the GOM differential DAS
counting, as discussed above.
Comment 2: The Council opposed granting the Hook Sector an
exemption from the DAS Leasing Program size restrictions if it was
interpreted to apply to the leasing of DAS from small sector boats to
large non-sector boats because this would be inconsistent with the
intent of the DAS Leasing Program as adopted in Amendment 13. Two
industry groups and one individual supported granting the Hook Sector
an exemption from the DAS Leasing Program size restrictions. Comments
submitted by the CCCHFA and the Hook Sector expressed their support,
with the understanding that leases between sector and non-sector
vessels would not be exempt from the DAS Leasing Program size
restrictions. One individual also supported granting the exemption from
the DAS Leasing Program size restrictions.
Response: The exemption from the size restrictions of the DAS
Leasing Program for leases between Hook Sector vessels is granted
because vessel size is not the limiting factor in determining the
number of hooks that can be fished by a vessel, and therefore, the
exemption will not result in an increase in effort within the sector.
The Secretarial interim action did not grant an exemption from the DAS
Leasing Program size restrictions for DAS leases between sector and
non-sector vessels and such an exemption is not granted by this action.
Comment 3: The GB cod TAC proposed for allocation to the Hook
Sector was based on the 3,506-mt U.S. fishery-wide GB cod target TAC
published in the proposed interim rule. The Council asserted that the
GB cod TAC being allocated to the Hook Sector was incorrectly based on
the estimated TAC for the entire GB cod stock, including the portion of
that TAC that is caught by Canadian vessels in Canadian waters (1,173
mt for 2009). The Council stated that the Hook Sector's GB cod TAC
should be based on 2,333 mt (3,506 mt -- 1,173 mt).
Response: The 3,506-mt figure was correct and was based on the
4,679-mt estimated TAC for the entire GB cod stock (4,679 mt - 1,173
mt) that is proposed for FY 2009. Accordingly, the Hook Sector TAC was
correct as proposed. However, this action allocates a larger GB cod TAC
(350.1 mt) to the Hook Sector than was proposed (284 mt) because the
temporary final rule implements a 4,328-mt U.S. share of the GB cod
target TAC rather than the 3,506-mt target TAC previously proposed.
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 limits on the number of hooks that may be
fished in the GOM, GB, and SNE regulated mesh areas; the GB Seasonal
Closure Area; differential DAS counting; the DAS Leasing Program vessel
size restrictions; the Western U.S./Canada Area 72-hr observer
notification requirement; and GB cod possession restrictions, as
specified in Sec. Sec. 648.80; 648.81; 648.82; 648.85; and 648.86,
respectively.
[[Page 17105]]
Classification
NMFS has determined that this final rule is consistent with the
FMP, the Magnuson-Stevens Fishery Conservation and Management Act, and
other applicable laws.
Pursuant to 5 U.S.C. 553(d)(1), the Assistant Administrator for
Fisheries, NOAA, (Assistant Administrator) has determined that this
rule is not subject to the 30-day delayed effectiveness provision of
the Administrative Procedure Act because it provides the basis for NMFS
to grant, effective with the start of the fishing year on May 1, 2009,
Hook Sector members exemptions from the following regulations
implementing the FMP:
1. GB cod trip limits;
2. GB Seasonal Closure Area;
3. GOM, GB, and SNE limit on number of hooks fished;
4. DAS Leasing Program size restrictions; and
5. 72-hour advance notification of the observer program for trips
to the Western U.S./Canada Management Area.
Because the Hook Sector will be fishing under a hard TAC for GB
cod, effort controls (i.e., exemptions 1-4 above) are not necessary to
constrain the impact of the Fixed Gear Sector on the GB cod stock.
Also, the Hook Sector is restricted to using hook gear, which has
extremely limited interaction with yellowtail flounder, making it
unnecessary for the Hook Sector to have observers monitor Hook Sector
catch of yellowtail flounder in the Western U.S./Canada Management Area
(exemption 5 above). Should the Hook Sector's allocated GB cod TAC be
harvested, participating vessels would no longer be allowed to fish
under a NE multispecies DAS, possess or land GB cod or other regulated
species managed under the FMP, or use gear capable of catching
groundfish (unless fishing under recreational or charter/party
regulations). Hook 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.
In order for GB cod to be allocated to the Hook Sector, and the
Hook Sector authorized to fish in FY 2009, the Hook Sector must submit
an Operations Plan and Sector Contract to the Regional Administrator
for approval. The Hook Sector submitted its FY 2009 Operations Plan on
September 30, 2008, followed by a signed Sector Contract on October 1,
2008, and an EA on November 14, 2008. On January 16, 2009, NMFS
published a proposed interim action that proposed measures intended to
reduce overfishing on certain groundfish stocks, based on a new
benchmark stock assessment completed in August 2008. Three of the
proposed interim measures would have impacted operations of the Hook
Sector: A 3,506-mt overall U.S. GB cod TAC; an expanded Gulf of Maine
Differential DAS counting area that overlaps the Hook Sector Area; and
elimination of the current prohibition on leasing DAS between sector
vessels and non-sector vessels. NMFS also published a proposed rule
soliciting comment on the proposed Operations Plan of the Hook Sector
on February 10, 2009, and specifically solicited comment on the
interaction of the proposed interim action and the proposed sector
operations. The comment period on the proposed sector operations plan
ended on February 25, 2009. On April 13, 2009, NMFS published a
temporary final rule that differs from the proposed interim rule. The
Regional Administrator approved the FY 2009 Sector Operations Plan,
after review of the public comments and a determination that the
Operations Plan and Agreement are consistent with the goals of the FMP
and applicable law, and are in compliance with the regulations
governing the development and operation of a sector as specified under
Sec. 648.87.
Implementation of the Sector Operations Plan is meant to mitigate
adverse economic impacts that resulted from Amendment 13 and FW 42 to
the FMP by granting exemptions to the Hook Sector. Establishing an
effective date 30 days after the publication of this final rule would
prevent the Hook Sector from commencing sector operations with the
start of the fishing year on May 1, 2009. Delaying the implementation
beyond May 1, 2009, would result in an unnecessary economic loss to the
members of the Hook Sector because vessels would be prevented from
fishing in a month when 15 percent of the annual GB cod landings
historically occur, and when the price for GB cod is highest. During
the month of May, landings of cod by hook gear are at their highest,
and the Hook Sector is exempt from both hook limits and a seasonal
closure of a large portion of its historic fishing area. Further,
vessels participating in the Hook Sector in FY 2008 are currently
operating under the exemptions above. Delaying implementation beyond
May 1, 2009, would create a gap in the annual exemptions for this
sector, forcing these vessels to remove gear currently in the water at
a high expense.
This final rule is exempt from the procedures of Executive Order
(E.O.) 12866 because this action contains no implementing regulations.
This final rule does not contain policies with federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively. There are no Federal rules that duplicate,
overlap, or conflict with this final rule.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant issues raised by the public comments in
response to the IRFA, NMFS responses to those comments, and a summary
of the analyses completed to support the action.
A description of why this action was considered, along with the
objectives of, and the legal basis for this rule is contained in the
preamble to this rule as well as in sections 1.0, 2.0, and 3.0 of the
EA prepared for this action, which 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.
Description of and Estimate of the Number of Small Entities to Which
the Proposed Rule Would Apply
The Small Business Administration size standard for small
commercial fishing entities is $4 million in average annual receipts,
and the size standard for small charter/party operators is $6.5 million
in average annual receipts. All permitted and participating vessels in
the groundfish fishery, including prospective Hook Sector members, are
considered to be small entities because gross sales by any one entity
(vessel) do not exceed this threshold, and, therefore, there is no
disproportionate impact between large and small entities. 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 Hook Sector
members, are considered to be small entities because gross sales by any
one entity (vessel) do not exceed this threshold. The number of
participants in the Hook Sector is 24,
[[Page 17106]]
substantially less than the total number of active vessels in the
groundfish fishery. Only these 24 vessels will be subject to the
regulatory exemptions and operational restrictions proposed for the
Hook Sector for FY 2009.
Description of the Projected Reporting, Record-keeping, and Other
Requirements of the Rule
This rule contains no collection-of-information requirement subject
to the Paperwork Reduction Act.
Description of Steps the Agency Has Taken to Minimize the Economic
Impact on Small Entities Consistent With the Stated Objectives of
Applicable Statutes
This action allocates a GB cod TAC of 350.1 mt to the Hook Sector,
unless changed through the Secretarial interim final rule, as discussed
in this preamble. 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). Vessel owners
intending to fish in the Hook Sector during FY 2009 may only fish with
hook gear. Under the proposed Operations Plan, members would be exempt
from several restrictions of the FMP described in the preamble to this
rule and in the EA.
This action will positively impact the 24 vessels that have
voluntarily joined the Hook Sector. The approval of the Hook Sector and
allocation of GB cod TAC will indirectly benefit the communities of
Chatham, MA, and Harwichport, MA, and to a lesser extent other Cape Cod
communities involved in the groundfish fishery. The Hook Sector
fishermen and the communities of Chatham, MA, and Harwichport, MA, 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 fishermen and communities. 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 it was likely that at least some of the
active groundfish vessels in Chatham and Harwichport were even more
than 71-percent dependent on the NE multispecies fishery.
Haddock and cod comprised the largest proportion of Hook Sector
landings (62.47 percent and 32.46 percent, respectively, in FY 2007).
During FY 2007, members of the Hook Sector made 239 trips; landed
155,453 lb (70,512 kg) of cod and 299,126 lb (135,681 kg) of haddock;
and generated approximately $ 290,697 and $ 523,471 in revenue from
those species, respectively (assuming a dockside price of $ 1.87 and $
1.75 per lb ($4.11 and $ 3.85 per kg), respectively). The FY 2007 data
indicated a 34-percent decline in the number of trips, a 13-percent
decline in cod landings, and a 16-percent increase in haddock landings
compared to FY 2006. The net effect was a 3.2-percent increase in
revenue from cod and haddock, and a 55-percent increase in revenue per
trip from these species compared to FY 2006. Hook Sector members also
landed various other species, which increased 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 FW 42;
October 23, 2006; 71 FR 62156). The Hook Sector, by fishing under rules
that are designed to meet their needs (as well as the conservation
requirements of the FMP), is afforded a larger degree of flexibility
and efficiency, which result in economic gains. For example, Hook
Sector members are able to plan their fishing activity and income in
advance with more certainty due to the fact that there is a cod TAC,
which is apportioned to each month of the year. They are able to
maximize their efficiency (revenue per trip) due to the exemption from
trip limits and limits on the number of hooks fished. Forty-one of the
Hook Sector's 239 trips (17 percent) in FY 2007 landed more than the
daily GB cod trip limit (1,000 lb/day; 454 kg/day) in place for the
common pool vessels (non-sector vessels). This resulted in an
additional 77,429 lb (35,121 kg) (49.8 percent of the Hook Sector's FY
2007 cod landings) being landed, rather than discarded. For some vessel
owners in the Hook Sector, participation in the Hook Sector enables
their businesses to remain economically viable.
In contrast, under the No Action alternative, all Hook Sector
members would have remained in the common pool of vessels and fished
under all the rules implemented by Amendment 13 and subsequent actions.
Under the regulatory scenario of the No Action alternative, relative to
the alternative implemented by this rule, Hook Sector members would
likely have faced increased economic uncertainty, loss of efficiency,
and loss of revenue, as noted above. Because cod usually represents a
high proportion of total fishing income for hook gear vessels, revenues
for Hook Sector members are sensitive to regulations that impact how
and when they can fish for cod, such as possession limits and
restrictions on the number of hooks that can be fished. A copy of this
analysis is available from NMFS (see ADDRESSES).
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to Hook Sector members that also
serves as small entity compliance guide (the guide) was prepared.
Copies of this final rule are available from the Regional
Administrator. The guide and this final rule will be available upon
request.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 8, 2009.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. E9-8521 Filed 4-13-09; 8:45 am]
BILLING CODE 3510-22-S
