Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Secretarial Final Interim Action, 32466-32469 [E9-16050]
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32466
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–1357, MB Docket No. 07–279; RM–
11411; RM–11422; RM–11423].
FM Table of Allotments, Buffalo, Iola,
Madisonville, and Normangee, Texas.
Federal Communications
Commision.
ACTION: Final rule.
sroberts on DSKD5P82C1PROD with RULES
AGENCY:
SUMMARY: The staff grants a
counterproposal filed by Roy E.
Henderson to allot Channel 299A to
Buffalo, Texas, as a second local service.
The staff also dismisses a rulemaking
petition filed by Charles Crawford to
allot Channel 299A at Iola, Texas, and
denies a counterproposal filed by
Katherine Pyeatt to allot Channel 267A
at Normangee, Texas. The reference
coordinates for Channel 299A at
Buffalo, Texas, are 31–28–44 NL and
96–10–02 WL.
DATES: Effective August 10, 2009.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, MB Docket No. 07–279, DA
09–1357, adopted June 17, 2009, and
released June 19, 2009. The full text of
this Commission document is available
for inspection and copying during
normal business hours in the FCC
Reference Information Center (Room
CY–A257), 445 12th Street, SW.,
Washington, DC. The complete text of
this decision may also be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW, Room CY–B402,
Washington, DC 20554, 800–378–3160
or via the company’s website, <https://
www.bcpiweb.com>.
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ’’for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). The Commission will send a
copy of the Report and Order in this
proceeding in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
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16:30 Jul 07, 2009
Jkt 217001
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
The Notice of Proposed Rule Making
in this proceeding proposed the
allotment of Channel 299A at Iola,
Texas. See 73 FR 1576 (January 9, 2008).
The Report and Order dismisses this
rulemaking proposal because Crawford
did not file a continuing expression of
interest in the proposed allotment as
required in the Notice of Proposed Rule
Making. The Report and Order also
denies Pyeatt’s counterproposal on
technical grounds because it is no
longer capable of being implemented.
Specifically, the allotment of Channel
267A at Normangee requires that
Pyeatt’s Station KKLB(FM),
Madisonville, Texas, be modified from
Channel 267A to Channel 299C3.
However, this modification of the
Station KKLB(FM) construction permit
to a higher class, non–adjacent channel
cannot be made consistent with the
requirements of Section 1.420(g) of the
Commission’s rules because a
competing expression of interest in
Channel 299C3 at Madisonville, Texas,
was filed, and there is no other
equivalent class channel available at
Madisonville to accommodate this
additional expression of interest.
Henderson’s counterproposal was the
sole remaining proposal and was
granted because it would provide a
second aural transmission service, as
well as a first commercial service, to
Buffalo.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
■
PART 73—RADIO BRAODCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336.
73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
adding Buffalo, Channel 299A.
■
Federal Communications Commission.
John A. Karousos,
Assistant Chief.
[FR Doc. E9–16044 Filed 7–7–09; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 080521698–91087–03]
RIN 0648–AW87
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Secretarial Final Interim
Action
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule; interim
measures.
SUMMARY: This action modifies interim
management measures implemented for
the Northeast (NE) multispecies fishery
through a previous interim final rule,
and corrects several errors. Specifically,
this rule removes the current trip limit
for Georges Bank (GB) winter flounder
and increases the white hake trip limit,
reinstates regulatory provisions of the
NE Multispecies Day-at-Sea (DAS)
Leasing Program and the Closed Area I
Hook Gear Haddock Special Access
Program (SAP) that were inadvertently
removed, and corrects several Total
Allowable Catch (TAC) specifications,
and latitude/longitude coordinates.
DATES: Effective July 2, 2009, through
October 28, 2009.
FOR FURTHER INFORMATION CONTACT: Tom
Warren, Fishery Policy Analyst, (978)
281–9347, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Correction of Errors and Clarification
A temporary rule, which modified the
NE Multispecies fishery management
plan (FMP) by temporarily suspending
the differential DAS counting provisions
and extending the deadline for NE
Multispecies DAS Leasing Program
applications for the 2008 fishing year,
published in the Federal Register on
March 11, 2009 (74 FR 10513), with
public comment accepted through April
10, 2009. This temporary rule was in
response to a January 26, 2009, Federal
Court Order in the case of
Commonwealth of Massachusetts and
State of New Hampshire v. Carlos M.
Gutierrez (Civil Action No.: 06–12110–
EFH) (Court Order), which suspended
the regulations regarding differential
DAS counting in the Gulf of Maine
(GOM) and Southern New England
(SNE) Differential DAS Areas through
April 10, 2009.
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A complete discussion of the
temporary suspension of specific
regulations and extension of the DAS
lease application deadline appears in
the preamble to the temporary rule and
is not repeated here.
Because of an error in the amendatory
instructions in the temporary rule, when
the changes expired on April 10, 2009,
the introductory paragraph of
§ 648.82(k)(3) was removed from the
CFR, rather than reverting to the
language in effect prior to the temporary
rule. The regulatory text at
§ 648.82(k)(3) provides details about the
DAS Leasing Program application
process, including: Application
signature requirements, expected
application processing time, procedure
for notifying applicants when an
application is incomplete, the deadline
for submission of an application, and
clarification that vessel owners may
submit multiple leases during a fishing
year but individual DAS may only be
leased once. This action reinstates the
introductory paragraph at § 648.82(k)(3)
as it read prior to the March 11, 2009,
temporary rule.
A proposed rule for Secretarial
interim action was published in the
Federal Register on January 16, 2009
(74 FR 2959), that proposed
management measures for the NE
multispecies complex for FY 2009,
while the New England Fishery
Management Council (Council)
completes Amendment 16 to the FMP.
The proposed rule included a variety of
management measures to reduce fishing
mortality. A final interim rule
implementing management measures for
the NE multispecies fishery for FY 2009
was published on April 13, 2009 (69 FR
17063), and became effective May 1,
2009. The final interim rule solicited
public comment through June 12, 2009.
Included in the suite of management
measures were modifications to the
Closed Area I Hook Gear Haddock
Special Access Program (SAP). As
published, the final interim rule
inadvertently repeated the regulatory
text on Vessel Monitoring System
declaration requirements for this SAP at
§ 648.85(b)(11)(iv)(D) in
§ 648.85(b)(11)(vi)(D). This rule
reinstates the correct language for
§ 648.85(b)(11)(vi)(D) regarding the daily
catch reporting requirements for nonsector vessels.
The final interim rule for FY 2009
also incorrectly stated the latitude/
longitude coordinates for two of the
stock areas defined for the Regular B
DAS Program (Cape Cod (CC)/GOM
yellowtail flounder stock area, and the
SNE/Mid Atlantic (MA) yellowtail
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flounder stock area). This rule corrects
the pertinent coordinates.
The final interim rule for FY 2009
also incorrectly specified the GB cod
incidental catch TAC and allocations of
this TAC to the Special Management
Programs. As explained in detail in the
final interim rule, the GB cod TAC
(5,501 mt) was developed based upon
the Groundfish Assessment Review
Meeting in 2008 (GARM III) information
and the estimated fishing mortality rate
resulting from measures implemented
by the action. Because the GB cod TAC
includes Canadian catch, the amount of
anticipated Canadian catch must be
subtracted from the total TAC to derive
the net U.S. TAC. The net GB cod TAC
available for the U.S. fishery is derived
by subtracting the Canadian TAC from
the total TAC (5,501 mt - 1,173 mt =
4,328 mt). In the final interim rule, the
GB cod incidental catch TAC (and
related allocations of this TAC) were
incorrectly calculated based upon the
total GB cod TAC (5,501 mt) instead of
the U.S. portion of the TAC (4,328 mt).
Therefore, this action specifies the GB
cod TAC and associated TACs as
follows, based upon 4,328 mt, resulting
in slightly lower TACs than specified in
the April 13, 2009, final interim rule.
TABLE 1—SPECIFICATION OF GB COD
INCIDENTAL CATCH TACS
TAC
Calculation
Previous
TAC
mt
Revised
TAC
mt
86.6
GB Cod Incidental Catch
TAC
2% of GB
Cod TAC
110.0
Regular B
DAS Program GB
Cod Incidental Catch
TAC
70% of GB
Cod Incidental Catch
TAC
77.0
60.6
Closed Area
I Hook Gear
Haddock
Special Access Program
14% of GB
Cod Incidental Catch
TAC
17.6
13.9
Eastern
U.S./Canada
Haddock
Special Access Program
16% of GB
Cod Incidental Catch
TAC
15.4
12.1
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up gillnets, which are allowed to be
used in the program. Framework
Adjustment (FW) 42 to the FMP
implemented gear performance
incentives for the Regular B DAS
Program (71 FR 62156; October 23,
2006) that applied to the haddock
separator trawl, as well as other gears
that may be authorized for Special
Management Programs in the future.
The FW 42 regulations neither
prohibited nor explicitly allowed the
use of gillnets in the Regular B DAS
Program. Therefore, it was not
sufficiently clear in the regulations
whether the gear performance
incentives applied to gillnet gear.
Because the interim final rule for FY
2009 prohibited low profile gillnet gear,
but did not clarify whether the gear
performance incentives apply to standup gillnets, this rule modifies existing
regulatory text to make it clear that
vessels fishing in the Regular B DAS
Program with stand-up gillnets are
subject to the same possession limit
restriction as trawl vessels fishing in the
Regular B DAS Program. These
possession limits are as follows: 500 lb
(226.8 kg) of flounders (all species,
combined), 500 lb (226.8 kg) of
monkfish (whole weight), 500 lb (226.8
kg) of skates (whole weight), and zero lb
of lobsters, ocean pout, SNE/MA winter
flounder, and windowpane flounder
(north). This is consistent with the use
of regulatory incentives in the Regular B
DAS Program and gear performance
standards to promote fishing behavior
and methods of gear use that minimize
catch of stocks of concern.
Modification of Trip Limits
Lastly, the interim rule implemented
a prohibition on the use of low profile,
tie-down gillnets in the Regular B DAS
Program, but the regulations may not be
sufficiently clear regarding the trip
limits associated with the use of stand-
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The proposed interim rule for FY
2009 noted above included a variety of
management measures to reduce fishing
mortality, including new trip limits. The
proposed rule included less restrictive
limits than the status quo for GB winter
flounder and white hake (i.e., no trip
limit and 2,000 lb (909.1 kg)/DAS up to
10,000 lb (4,545.5 kg)/trip, respectively).
In contrast to the proposed rule, the
April 13, 2009, final interim rule for FY
2009 retained the more restrictive,
status quo trip limits for GB winter
flounder and white hake (i.e., 5,000 lb
(2,272.7 kg)/trip; and 1,000 lb (454.5
kg)/DAS up to 10,000 lb (4,545.5 kg)
/trip, respectively).
On April 9, 2009, the Council passed
a motion that the Council request that
NMFS further consider the trip limits
for GB winter flounder and white hake
as they relate to the allowable fishing
mortality rates (of the final interim rule),
and adjust the such limits accordingly.
Pursuant to the motion, on April 13,
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2009, the Council sent a letter to NMFS
making that request.
In response to the Council’s letter of
April 13, 2009, NMFS initiated an
analysis of the pertinent trip limits and
discovered that an error had been made
in the analysis of the final rule measures
(NMFS. Environmental Assessment–
Secretarial Interim Action to Implement
Measures to Reduce Overfishing in the
Northeast Multispecies Fishery
Complex. April 6, 2009). Although the
preferred alternative included the more
restrictive trip limits for these two
stocks, the trip limit analysis completed
in the Environmental Assessment (EA)
for this alternative had mistakenly not
been updated from the proposed rule,
and therefore represented the analysis of
the more liberal trip limit for white hake
and removal of the GB winter flounder
trip limit. The impacts of the more
restrictive measures are represented by
the impacts of the No Action
Alternative.
The underlying analytical basis for
the interim action and an explanation of
the specific objectives for each stock
were explained in the final interim rule,
and are not repeated here. Based on
estimated fishing mortality rates in
calendar year 2008, fishing mortality
can be increased on GB winter flounder
and white hake and still achieve the
respective goals of Fmsy and Frebuild.
The analysis of the Preferred Alternative
in the EA indicates that the management
measures, including the trip limits
implemented by this action, would
result in a 13–percent reduction in
fishing mortality for GB winter flounder
and a 17–percent reduction in fishing
mortality for white hake. The impacts of
the less restrictive trip limits are
consistent with the goals of the interim
action. Therefore, in consideration of
the Council’s request and the impacts,
this rule removes the trip limit for GB
winter flounder, and implements a
white hake trip limit of 2,000 lb (909.1
kg)/DAS up to 10,000 lb (4,545.5 kg)/
trip.
Classification
NMFS has determined that the
management measures implemented by
this final interim rule are necessary for
the conservation and management of the
NE multispecies fishery, and are
consistent with the Magnuson-Stevens
Act and other applicable laws. This
final interim 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.
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An analysis of the impacts of the
measures implemented by this rule on
small entities were included in the Final
Regulatory Flexibility Analysis of the
interim final rule that implemented
management measures for FY 2009 (74
FR 17030; April 13, 2009).
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA) finds it is unnecessary,
impracticable, and contrary to the
public interest to provide for additional
prior notice and an opportunity for
public comment. The substantive
measure implemented by this action
(modification of trip limits) was among
measures proposed for FY 2009 in the
proposed rule for the interim action and
for which public comment was solicited
during a 30-day period. The final
interim action did not adopt the trip
limit changes for these two stocks, and
established a postpromulgation
comment period of 60 days. The trip
limit changes of this interim final rule
are in response to a postpromulgation
comment. Further public comment is
unnecessary and impracticable, given
the opportunity for public comment
already provided for FY 2009
management measures, and the fact that
further public comment would delay
implementation and undermine the
regulatory objective of providing for
increased economic opportunity. Other
changes implemented by this rule are
minor, non-substantive changes that do
not change operating practices in the
fishery.
Pursuant to 5 U.S.C. 553(d)(1), the AA
finds it is unnecessary, impracticable,
and contrary to the public interest to
provide for a 30-day delayed
effectiveness, because this rule relieves
a restriction. Specifically, the current
regulations include a trip limit for GB
winter flounder and a possession/trip
limit for white hake. This interim final
rule relieves restrictions by eliminating
the GB winter flounder trip limit, and
increasing the daily possession limit for
white hake, and providing increased
economic opportunity. A 30-day delay
in the implementation of this rule
would therefore delay the date vessels
could take advantage of this economic
opportunity. Such a delay would
represent a 1-month reduction in fishing
opportunity for these stocks and an
economic loss, because fishing
opportunities during the spring/summer
portions of the fishing season are not
equivalent to fishing opportunity later
in the fishing season. Other changes
implemented by this rule are minor,
non-substantive changes that do not
change operating practices in the
fishery.
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List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 1, 2009.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
■
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
§ 648.14
[Amended]
2. In § 648.14, paragraph (k)(13)(ii)(H)
is suspended.
■ 3. In § 648.82, paragraph (k)(3)
introductory text is added to read as
follows:
■
§ 648.82 Effort-control program for NE
multispecies limited access vessels.
*
*
*
*
*
(k) * * *
(3) Application to lease NE
multispecies DAS. To lease Category A
DAS, the eligible Lessor and Lessee
vessel must submit a completed
application form obtained from the
Regional Administrator. The application
must be signed by both Lessor and
Lessee and be submitted to the Regional
Office at least 45 days before the date on
which the applicants desire to have the
leased DAS effective. The Regional
Administrator will notify the applicants
of any deficiency in the application
pursuant to this section. Applications
may be submitted at any time prior to
the start of the fishing year or
throughout the fishing year in question,
up until the close of business on March
1. Eligible vessel owners may submit
any number of lease applications
throughout the application period, but
any DAS may only be leased once
during a fishing year.
*
*
*
*
*
■ 4. In § 648.85, paragraphs
(b)(10)(iv)(D), (b)(10)(v)(C) and (D), and
(b)(11)(vi)(D) are revised to read as
follows:
§ 648.85
Special management programs.
*
*
*
*
*
(b) * * *
(10) * * *
(iv) * * *
(D) Landing limits. Unless otherwise
specified in this paragraph
(b)(10)(iv)(D), a NE multispecies vessel
fishing in the Regular B DAS Program
described in this paragraph (b)(10), and
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fishing under a Regular B DAS, may not
land more than 100 lb (45.5 kg) per
DAS, or any part of a DAS, up to a
maximum of 1,000 lb (454 kg) per trip
of any of the following species/stocks
from the areas specified in paragraph
(b)(10)(v) of this section: Cod, pollock,
white hake, witch flounder, GB winter
flounder, GB yellowtail flounder, and
southern windowpane flounder; and
may not land more than 25 lb (11.3 kg)
per DAS, or any part of a DAS, up to a
maximum of 250 lb (113 kg) per trip of
CC/GOM or SNE/MA yellowtail
flounder. In addition, trawl vessels that
are required to fish with a haddock
separator trawl or Ruhle trawl, as
specified under paragraph (b)(10)(iv)(J)
of this section, gillnet gear, and other
gear that may be required in order to
reduce catches of stocks of concern as
described under paragraph (b)(10)(iv)(J)
of this section, are restricted to the
following trip limits: 500 lb (227 kg) of
all flatfish species (American plaice,
witch flounder, winter flounder (GOM
or GB), windowpane flounder (south),
and yellowtail flounder), combined; 500
lb (227 kg) of monkfish (whole weight);
500 lb (227 kg) of skates (whole weight);
and zero possession of lobsters, ocean
pout, SNE/MA winter flounder, and
windowpane flounder (north), unless
otherwise restricted by § 648.94(b)(3).
*
*
*
*
*
(v) * * *
(C) CC/GOM yellowtail flounder stock
area. The CC/GOM yellowtail flounder
stock area for the purposes of the
Regular B DAS Program is the area
defined by straight lines connecting the
following points in the order stated:
CC/GOM YELLOWTAIL FLOUNDER
STOCK AREA
Point
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CCGOM1
CCGOM2
CCGOM3
CCGOM4
CCGOM5
CCGOM6
CCGOM7
CCGOM8
CCGOM9
CCGOM10
CCGOM11
CCGOM12
CCGOM13
N. Lat.
43°00′
43°00′
42°30′
42°30′
41°30′
41°30′
41°00′
41°00′
41°30′
2
W.
Long.
1
70°00′
70°00′
69°30′
69°30′
69°00′
69°00′
69°30′
70°00′
70°00′
42°00′
42°00′
3
3
70°00′
4
1 Intersection
with the New Hampshire
coastline.
2 Intersection of the south-facing shoreline of
Cape Cod, MA.
3 Intersection with the east-facing shoreline
of Cape Cod, MA.
4 Intersection with the west-facing shoreline
of Massachusetts.
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(D) SNE/MA yellowtail flounder stock
area. The SNE/MA stock area for the
purposes of the Regular B DAS Program
is the area bounded on the north, east,
and south by straight lines connecting
the following points in the order stated:
SNE/MA YELLOWTAIL FLOUNDER
STOCK AREA
N. Lat.
SNEMA1
SNEMA2
SNEMA3
SNEMA4
SNEMA5
SNEMA6
SNEMA7
SNEMA8
SNEMA9
SNEMA10
SNEMA11
SNEMA12
SNEMA13
SNEMA14
SNEMA15
SNEMA16
SNEMA17
W.
Long.
40°00′
40°00′
40°30′
40°30′
41°00′
41°00′
41°30′
41°30′
41°00′
41°00′
41°30′
Point
74° 00′
72°00′
72°00′
69°30′
69°30′
69°00′
69°00′
70°00′
70°00′
70°30′
70°30′
72°00′
72°00′
73°00′
73°00′
74°00′
74°00′
1
2
3
40°30′
40°30′
40°00′
1 South-facing
2 North-facing
shoreline of Connecticut.
shoreline of Long Island, New
York.
3 South-facing shoreline of Long Island, New
York.
*
*
*
*
*
(11) * * *
(vi) * * *
(D) Reporting requirements. The
owner or operator of a non-Sector vessel
declared into the Closed Area I Hook
Gear Haddock SAP must submit reports
via VMS, in accordance with
instructions to be provided by the
Regional Administrator, for each day
fished in the Closed Area I Hook Gear
Haddock SAP Area. The reports must be
submitted in 24–hr intervals for each
day fished, beginning at 0000 hr local
time and ending at 2400 hr local time.
The reports must be submitted by 0900
hr local time of the day following
fishing. The reports must include at
least the following information: Total
pounds of haddock, cod, yellowtail
flounder, winter flounder, witch
flounder, pollock, and white hake kept;
total pounds of haddock, cod, yellowtail
flounder, winter flounder, witch
flounder, pollock, and white hake
discarded; date fish were caught; and
VTR serial number, as instructed by the
Regional Administrator. Daily reporting
must continue even if the vessel
operator is required to exit the SAP as
required under paragraph (b)(11)(iv)(F)
of this section.
*
*
*
*
*
■ 5. In § 648.86, paragraphs (e) and (j)
are suspended, and paragraph (o) is
added to read as follows:
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§ 648.86 NE Multispecies possession
restrictions.
*
*
*
*
*
(o) White hake. Unless otherwise
restricted under this part, a vessel
issued NE multispecies DAS permit, a
limited access Handgear A permit, an
open access Handgear B permit, or a
monkfish limited access permit and
fishing under the monkfish Category C
or D permit provisions may only land
up to 2,000 lb (907.2 kg) of white hake
per DAS, or any part of a DAS, up to
10,000 lb (4,536 kg) per trip.
[FR Doc. E9–16050 Filed 7–2–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 09100091344–9056–02]
RIN 0648–XQ18
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Western Regulatory Area of the
Gulf of Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for Pacific ocean perch in the
Western Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the 2009 total
allowable catch (TAC) of Pacific ocean
perch in the Western Regulatory Area of
the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 4, 2009, through 2400
hrs, A.l.t., December 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Patty Britza, 907–586–7376.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (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 2009 TAC of Pacific ocean perch
in the Western Regulatory Area of the
GOA is 3,713 metric tons (mt) as
E:\FR\FM\08JYR1.SGM
08JYR1
]]>Agencies
[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Rules and Regulations]
[Pages 32466-32469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16050]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 080521698-91087-03]
RIN 0648-AW87
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Secretarial Final Interim Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; interim measures.
-----------------------------------------------------------------------
SUMMARY: This action modifies interim management measures implemented
for the Northeast (NE) multispecies fishery through a previous interim
final rule, and corrects several errors. Specifically, this rule
removes the current trip limit for Georges Bank (GB) winter flounder
and increases the white hake trip limit, reinstates regulatory
provisions of the NE Multispecies Day-at-Sea (DAS) Leasing Program and
the Closed Area I Hook Gear Haddock Special Access Program (SAP) that
were inadvertently removed, and corrects several Total Allowable Catch
(TAC) specifications, and latitude/longitude coordinates.
DATES: Effective July 2, 2009, through October 28, 2009.
FOR FURTHER INFORMATION CONTACT: Tom Warren, Fishery Policy Analyst,
(978) 281-9347, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Correction of Errors and Clarification
A temporary rule, which modified the NE Multispecies fishery
management plan (FMP) by temporarily suspending the differential DAS
counting provisions and extending the deadline for NE Multispecies DAS
Leasing Program applications for the 2008 fishing year, published in
the Federal Register on March 11, 2009 (74 FR 10513), with public
comment accepted through April 10, 2009. This temporary rule was in
response to a January 26, 2009, Federal Court Order in the case of
Commonwealth of Massachusetts and State of New Hampshire v. Carlos M.
Gutierrez (Civil Action No.: 06-12110-EFH) (Court Order), which
suspended the regulations regarding differential DAS counting in the
Gulf of Maine (GOM) and Southern New England (SNE) Differential DAS
Areas through April 10, 2009.
[[Page 32467]]
A complete discussion of the temporary suspension of specific
regulations and extension of the DAS lease application deadline appears
in the preamble to the temporary rule and is not repeated here.
Because of an error in the amendatory instructions in the temporary
rule, when the changes expired on April 10, 2009, the introductory
paragraph of Sec. 648.82(k)(3) was removed from the CFR, rather than
reverting to the language in effect prior to the temporary rule. The
regulatory text at Sec. 648.82(k)(3) provides details about the DAS
Leasing Program application process, including: Application signature
requirements, expected application processing time, procedure for
notifying applicants when an application is incomplete, the deadline
for submission of an application, and clarification that vessel owners
may submit multiple leases during a fishing year but individual DAS may
only be leased once. This action reinstates the introductory paragraph
at Sec. 648.82(k)(3) as it read prior to the March 11, 2009, temporary
rule.
A proposed rule for Secretarial interim action was published in the
Federal Register on January 16, 2009 (74 FR 2959), that proposed
management measures for the NE multispecies complex for FY 2009, while
the New England Fishery Management Council (Council) completes
Amendment 16 to the FMP. The proposed rule included a variety of
management measures to reduce fishing mortality. A final interim rule
implementing management measures for the NE multispecies fishery for FY
2009 was published on April 13, 2009 (69 FR 17063), and became
effective May 1, 2009. The final interim rule solicited public comment
through June 12, 2009. Included in the suite of management measures
were modifications to the Closed Area I Hook Gear Haddock Special
Access Program (SAP). As published, the final interim rule
inadvertently repeated the regulatory text on Vessel Monitoring System
declaration requirements for this SAP at Sec. 648.85(b)(11)(iv)(D) in
Sec. 648.85(b)(11)(vi)(D). This rule reinstates the correct language
for Sec. 648.85(b)(11)(vi)(D) regarding the daily catch reporting
requirements for non-sector vessels.
The final interim rule for FY 2009 also incorrectly stated the
latitude/longitude coordinates for two of the stock areas defined for
the Regular B DAS Program (Cape Cod (CC)/GOM yellowtail flounder stock
area, and the SNE/Mid Atlantic (MA) yellowtail flounder stock area).
This rule corrects the pertinent coordinates.
The final interim rule for FY 2009 also incorrectly specified the
GB cod incidental catch TAC and allocations of this TAC to the Special
Management Programs. As explained in detail in the final interim rule,
the GB cod TAC (5,501 mt) was developed based upon the Groundfish
Assessment Review Meeting in 2008 (GARM III) information and the
estimated fishing mortality rate resulting from measures implemented by
the action. Because the GB cod TAC includes Canadian catch, the amount
of anticipated Canadian catch must be subtracted from the total TAC to
derive the net U.S. TAC. The net GB cod TAC available for the U.S.
fishery is derived by subtracting the Canadian TAC from the total TAC
(5,501 mt - 1,173 mt = 4,328 mt). In the final interim rule, the GB cod
incidental catch TAC (and related allocations of this TAC) were
incorrectly calculated based upon the total GB cod TAC (5,501 mt)
instead of the U.S. portion of the TAC (4,328 mt). Therefore, this
action specifies the GB cod TAC and associated TACs as follows, based
upon 4,328 mt, resulting in slightly lower TACs than specified in the
April 13, 2009, final interim rule.
Table 1--Specification of GB Cod Incidental Catch TACs
------------------------------------------------------------------------
Previous Revised
TAC Calculation TAC mt TAC mt
------------------------------------------------------------------------
GB Cod Incidental Catch TAC 2% of GB Cod 110.0 86.6
TAC
------------------------------------------------------------------------
Regular B DAS Program GB Cod 70% of GB Cod 77.0 60.6
Incidental Catch TAC Incidental
Catch TAC
------------------------------------------------------------------------
Closed Area I Hook Gear Haddock 14% of GB Cod 17.6 13.9
Special Access Program Incidental
Catch TAC
------------------------------------------------------------------------
Eastern U.S./Canada Haddock 16% of GB Cod 15.4 12.1
Special Access Program Incidental
Catch TAC
------------------------------------------------------------------------
Lastly, the interim rule implemented a prohibition on the use of
low profile, tie-down gillnets in the Regular B DAS Program, but the
regulations may not be sufficiently clear regarding the trip limits
associated with the use of stand-up gillnets, which are allowed to be
used in the program. Framework Adjustment (FW) 42 to the FMP
implemented gear performance incentives for the Regular B DAS Program
(71 FR 62156; October 23, 2006) that applied to the haddock separator
trawl, as well as other gears that may be authorized for Special
Management Programs in the future. The FW 42 regulations neither
prohibited nor explicitly allowed the use of gillnets in the Regular B
DAS Program. Therefore, it was not sufficiently clear in the
regulations whether the gear performance incentives applied to gillnet
gear. Because the interim final rule for FY 2009 prohibited low profile
gillnet gear, but did not clarify whether the gear performance
incentives apply to stand-up gillnets, this rule modifies existing
regulatory text to make it clear that vessels fishing in the Regular B
DAS Program with stand-up gillnets are subject to the same possession
limit restriction as trawl vessels fishing in the Regular B DAS
Program. These possession limits are as follows: 500 lb (226.8 kg) of
flounders (all species, combined), 500 lb (226.8 kg) of monkfish (whole
weight), 500 lb (226.8 kg) of skates (whole weight), and zero lb of
lobsters, ocean pout, SNE/MA winter flounder, and windowpane flounder
(north). This is consistent with the use of regulatory incentives in
the Regular B DAS Program and gear performance standards to promote
fishing behavior and methods of gear use that minimize catch of stocks
of concern.
Modification of Trip Limits
The proposed interim rule for FY 2009 noted above included a
variety of management measures to reduce fishing mortality, including
new trip limits. The proposed rule included less restrictive limits
than the status quo for GB winter flounder and white hake (i.e., no
trip limit and 2,000 lb (909.1 kg)/DAS up to 10,000 lb (4,545.5 kg)/
trip, respectively). In contrast to the proposed rule, the April 13,
2009, final interim rule for FY 2009 retained the more restrictive,
status quo trip limits for GB winter flounder and white hake (i.e.,
5,000 lb (2,272.7 kg)/trip; and 1,000 lb (454.5 kg)/DAS up to 10,000 lb
(4,545.5 kg) /trip, respectively).
On April 9, 2009, the Council passed a motion that the Council
request that NMFS further consider the trip limits for GB winter
flounder and white hake as they relate to the allowable fishing
mortality rates (of the final interim rule), and adjust the such limits
accordingly. Pursuant to the motion, on April 13,
[[Page 32468]]
2009, the Council sent a letter to NMFS making that request.
In response to the Council's letter of April 13, 2009, NMFS
initiated an analysis of the pertinent trip limits and discovered that
an error had been made in the analysis of the final rule measures
(NMFS. Environmental Assessment-Secretarial Interim Action to Implement
Measures to Reduce Overfishing in the Northeast Multispecies Fishery
Complex. April 6, 2009). Although the preferred alternative included
the more restrictive trip limits for these two stocks, the trip limit
analysis completed in the Environmental Assessment (EA) for this
alternative had mistakenly not been updated from the proposed rule, and
therefore represented the analysis of the more liberal trip limit for
white hake and removal of the GB winter flounder trip limit. The
impacts of the more restrictive measures are represented by the impacts
of the No Action Alternative.
The underlying analytical basis for the interim action and an
explanation of the specific objectives for each stock were explained in
the final interim rule, and are not repeated here. Based on estimated
fishing mortality rates in calendar year 2008, fishing mortality can be
increased on GB winter flounder and white hake and still achieve the
respective goals of Fmsy and Frebuild. The analysis of the Preferred
Alternative in the EA indicates that the management measures, including
the trip limits implemented by this action, would result in a 13-
percent reduction in fishing mortality for GB winter flounder and a 17-
percent reduction in fishing mortality for white hake. The impacts of
the less restrictive trip limits are consistent with the goals of the
interim action. Therefore, in consideration of the Council's request
and the impacts, this rule removes the trip limit for GB winter
flounder, and implements a white hake trip limit of 2,000 lb (909.1
kg)/DAS up to 10,000 lb (4,545.5 kg)/trip.
Classification
NMFS has determined that the management measures implemented by
this final interim rule are necessary for the conservation and
management of the NE multispecies fishery, and are consistent with the
Magnuson-Stevens Act and other applicable laws. This final interim 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.
An analysis of the impacts of the measures implemented by this rule
on small entities were included in the Final Regulatory Flexibility
Analysis of the interim final rule that implemented management measures
for FY 2009 (74 FR 17030; April 13, 2009).
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA) finds it is unnecessary, impracticable, and
contrary to the public interest to provide for additional prior notice
and an opportunity for public comment. The substantive measure
implemented by this action (modification of trip limits) was among
measures proposed for FY 2009 in the proposed rule for the interim
action and for which public comment was solicited during a 30-day
period. The final interim action did not adopt the trip limit changes
for these two stocks, and established a postpromulgation comment period
of 60 days. The trip limit changes of this interim final rule are in
response to a postpromulgation comment. Further public comment is
unnecessary and impracticable, given the opportunity for public comment
already provided for FY 2009 management measures, and the fact that
further public comment would delay implementation and undermine the
regulatory objective of providing for increased economic opportunity.
Other changes implemented by this rule are minor, non-substantive
changes that do not change operating practices in the fishery.
Pursuant to 5 U.S.C. 553(d)(1), the AA finds it is unnecessary,
impracticable, and contrary to the public interest to provide for a 30-
day delayed effectiveness, because this rule relieves a restriction.
Specifically, the current regulations include a trip limit for GB
winter flounder and a possession/trip limit for white hake. This
interim final rule relieves restrictions by eliminating the GB winter
flounder trip limit, and increasing the daily possession limit for
white hake, and providing increased economic opportunity. A 30-day
delay in the implementation of this rule would therefore delay the date
vessels could take advantage of this economic opportunity. Such a delay
would represent a 1-month reduction in fishing opportunity for these
stocks and an economic loss, because fishing opportunities during the
spring/summer portions of the fishing season are not equivalent to
fishing opportunity later in the fishing season. Other changes
implemented by this rule are minor, non-substantive changes that do not
change operating practices in the fishery.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 1, 2009.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons stated in the preamble, 50 CFR part 648 is 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.
Sec. 648.14 [Amended]
0
2. In Sec. 648.14, paragraph (k)(13)(ii)(H) is suspended.
0
3. In Sec. 648.82, paragraph (k)(3) introductory text is added to read
as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(k) * * *
(3) Application to lease NE multispecies DAS. To lease Category A
DAS, the eligible Lessor and Lessee vessel must submit a completed
application form obtained from the Regional Administrator. The
application must be signed by both Lessor and Lessee and be submitted
to the Regional Office at least 45 days before the date on which the
applicants desire to have the leased DAS effective. The Regional
Administrator will notify the applicants of any deficiency in the
application pursuant to this section. Applications may be submitted at
any time prior to the start of the fishing year or throughout the
fishing year in question, up until the close of business on March 1.
Eligible vessel owners may submit any number of lease applications
throughout the application period, but any DAS may only be leased once
during a fishing year.
* * * * *
0
4. In Sec. 648.85, paragraphs (b)(10)(iv)(D), (b)(10)(v)(C) and (D),
and (b)(11)(vi)(D) are revised to read as follows:
Sec. 648.85 Special management programs.
* * * * *
(b) * * *
(10) * * *
(iv) * * *
(D) Landing limits. Unless otherwise specified in this paragraph
(b)(10)(iv)(D), a NE multispecies vessel fishing in the Regular B DAS
Program described in this paragraph (b)(10), and
[[Page 32469]]
fishing under a Regular B DAS, may not land more than 100 lb (45.5 kg)
per DAS, or any part of a DAS, up to a maximum of 1,000 lb (454 kg) per
trip of any of the following species/stocks from the areas specified in
paragraph (b)(10)(v) of this section: Cod, pollock, white hake, witch
flounder, GB winter flounder, GB yellowtail flounder, and southern
windowpane flounder; and may not land more than 25 lb (11.3 kg) per
DAS, or any part of a DAS, up to a maximum of 250 lb (113 kg) per trip
of CC/GOM or SNE/MA yellowtail flounder. In addition, trawl vessels
that are required to fish with a haddock separator trawl or Ruhle
trawl, as specified under paragraph (b)(10)(iv)(J) of this section,
gillnet gear, and other gear that may be required in order to reduce
catches of stocks of concern as described under paragraph
(b)(10)(iv)(J) of this section, are restricted to the following trip
limits: 500 lb (227 kg) of all flatfish species (American plaice, witch
flounder, winter flounder (GOM or GB), windowpane flounder (south), and
yellowtail flounder), combined; 500 lb (227 kg) of monkfish (whole
weight); 500 lb (227 kg) of skates (whole weight); and zero possession
of lobsters, ocean pout, SNE/MA winter flounder, and windowpane
flounder (north), unless otherwise restricted by Sec. 648.94(b)(3).
* * * * *
(v) * * *
(C) CC/GOM yellowtail flounder stock area. The CC/GOM yellowtail
flounder stock area for the purposes of the Regular B DAS Program is
the area defined by straight lines connecting the following points in
the order stated:
CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
CCGOM1 43[deg]00' \1\
CCGOM2 43[deg]00' 70[deg]0
0'
CCGOM3 42[deg]30' 70[deg]0
0'
CCGOM4 42[deg]30' 69[deg]3
0'
CCGOM5 41[deg]30' 69[deg]3
0'
CCGOM6 41[deg]30' 69[deg]0
0'
CCGOM7 41[deg]00' 69[deg]0
0'
CCGOM8 41[deg]00' 69[deg]3
0'
CCGOM9 41[deg]30' 70[deg]0
0'
CCGOM10 \2\ 70[deg]0
0'
CCGOM11 42[deg]00' \3\
CCGOM12 42[deg]00' \4\
CCGOM13 \3\ 70[deg]0
0'
------------------------------------------------------------------------
\1\ Intersection with the New Hampshire coastline.
\2\ Intersection of the south-facing shoreline of Cape Cod, MA.
\3\ Intersection with the east-facing shoreline of Cape Cod, MA.
\4\ Intersection with the west-facing shoreline of Massachusetts.
(D) SNE/MA yellowtail flounder stock area. The SNE/MA stock area
for the purposes of the Regular B DAS Program is the area bounded on
the north, east, and south by straight lines connecting the following
points in the order stated:
SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
SNEMA1 40[deg]00' 74[deg]
00'
SNEMA2 40[deg]00' 72[deg]0
0'
SNEMA3 40[deg]30' 72[deg]0
0'
SNEMA4 40[deg]30' 69[deg]3
0'
SNEMA5 41[deg]00' 69[deg]3
0'
SNEMA6 41[deg]00' 69[deg]0
0'
SNEMA7 41[deg]30' 69[deg]0
0'
SNEMA8 41[deg]30' 70[deg]0
0'
SNEMA9 41[deg]00' 70[deg]0
0'
SNEMA10 41[deg]00' 70[deg]3
0'
SNEMA11 41[deg]30' 70[deg]3
0'
SNEMA12 \1\ 72[deg]0
0'
SNEMA13 \2\ 72[deg]0
0'
SNEMA14 \3\ 73[deg]0
0'
SNEMA15 40[deg]30' 73[deg]0
0'
SNEMA16 40[deg]30' 74[deg]0
0'
SNEMA17 40[deg]00' 74[deg]0
0'
------------------------------------------------------------------------
\1\ South-facing shoreline of Connecticut.
\2\ North-facing shoreline of Long Island, New York.
\3\ South-facing shoreline of Long Island, New York.
* * * * *
(11) * * *
(vi) * * *
(D) Reporting requirements. The owner or operator of a non-Sector
vessel declared into the Closed Area I Hook Gear Haddock SAP must
submit reports via VMS, in accordance with instructions to be provided
by the Regional Administrator, for each day fished in the Closed Area I
Hook Gear Haddock SAP Area. The reports must be submitted in 24-hr
intervals for each day fished, beginning at 0000 hr local time and
ending at 2400 hr local time. The reports must be submitted by 0900 hr
local time of the day following fishing. The reports must include at
least the following information: Total pounds of haddock, cod,
yellowtail flounder, winter flounder, witch flounder, pollock, and
white hake kept; total pounds of haddock, cod, yellowtail flounder,
winter flounder, witch flounder, pollock, and white hake discarded;
date fish were caught; and VTR serial number, as instructed by the
Regional Administrator. Daily reporting must continue even if the
vessel operator is required to exit the SAP as required under paragraph
(b)(11)(iv)(F) of this section.
* * * * *
0
5. In Sec. 648.86, paragraphs (e) and (j) are suspended, and paragraph
(o) is added to read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(o) White hake. Unless otherwise restricted under this part, a
vessel issued NE multispecies DAS permit, a limited access Handgear A
permit, an open access Handgear B permit, or a monkfish limited access
permit and fishing under the monkfish Category C or D permit provisions
may only land up to 2,000 lb (907.2 kg) of white hake per DAS, or any
part of a DAS, up to 10,000 lb (4,536 kg) per trip.
[FR Doc. E9-16050 Filed 7-2-09; 4:15 pm]
BILLING CODE 3510-22-S
