[Federal Register: June 21, 2004 (Volume 69, Number 118)]
[Proposed Rules]
[Page 34335-34336]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn04-22]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040112010-4114-02; I.D. 061004C]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Georges Bank (GB) Cod Hook Sector Operations Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of Sector Operations Plan and allocation of GB cod
Total Allowable Catch (TAC); request for comments.
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SUMMARY: The final rule implementing Amendment 13 to the NE
Multispecies Fishery Management Plan (FMP) (Amendment 13) authorized
allocation of up to 20 percent of the annual GB cod TAC to the GB Cod
Hook Sector (Sector). Pursuant to that final rule, the Sector has
submitted an Operations Plan and Sector Contract titled ``Georges Bank
Cod Hook Sector Operations Plan and Agreement'' (Sector Agreement), and
a draft Environmental Assessment (EA), and has requested an allocation
of GB cod, consistent with regulations implementing Amendment 13. This
document provides interested parties an opportunity to comment on the
proposed Sector Agreement prior to final approval or disapproval of the
Operations Plan and allocation of GB cod TAC to the Sector for the 2004
fishing year.
DATES: Comments must be received at the appropriate address or fax
number (see ADDRESSES) on or before July 6, 2004.
ADDRESSES: Written comments should be sent to Patricia A. Kurkul,
Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn
Drive, Gloucester, MA 01930. Mark the outside of the envelope
``Comments on GB Cod Hook Sector Operations Plan.'' Comments may be
sent via fax to (978) 281-9135, or submitted via e-mail to the
following address: codsector@NOAA.gov. Comments may also be submitted
electronically through the Federal e-Rulemaking portal: http://www.regulations.gov
.
Copies of the Sector Agreement and the EA are available from the NE
Regional Office at the same address.
FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst,
(978) 281-9347, fax (978) 281-9135, e-mail Thomas.Warren@NOAA.gov.
SUPPLEMENTARY INFORMATION: NMFS announces that the Administrator,
Northeast Region, NMFS (Regional Administrator), has made a preliminary
determination that the Sector Agreement, which contains the Sector
Contract and Operations Plan, is consistent with the goals of the FMP
and other applicable law and is in compliance with the regulations
governing the development and operation of a sector as specified under
50 CFR 648.87. The final rule implementing Amendment 13 (69 FR 22906,
April 27, 2004) specified a process for the formation of sectors within
the NE multispecies fishery and the allocation of TAC for a specific
groundfish species (or Days-at-Sea), implemented restrictions that
apply to all sectors, authorized the GB Cod Hook Sector, established
the GB Cod Hook Sector Area (Sector Area), and specified a formula for
the allocation of GB cod TAC to the Sector. The principal Amendment 13
regulations applying to the Sector are as follows: Vessels with a valid
limited access NE multispecies DAS permit are eligible to participate
in the Sector, provided they have documented landings of GB cod through
valid dealer reports submitted to NMFS of GB cod during the fishing
years 1996 to 2001 when fishing with jigs, demersal longline, or
handgear. Membership in the Sector is voluntary, and each member would
be required to remain in the Sector for the entire fishing year and
could not fish outside the NE multispecies DAS program during the
fishing year, unless certain conditions are met. Vessels fishing in the
Sector (participating vessels) would be confined to fishing in the
Sector Area, which is that portion of the GB cod stock area north of
39[deg] 00' N. lat. and east of 71[deg] 40' W. long. Participating
vessels would be required to comply with all pertinent Federal fishing
regulations, unless specifically exempted by a Letter of Authorization,
and the provisions of an approved Operations Plan.
While Amendment 13 authorized the Sector, in order for GB cod to be
allocated to the Sector and the Sector authorized to fish, the Sector
must submit an Operations Plan and Sector Contract to the Regional
Administrator annually for approval. The Operations Plan and Sector
Contract must contain certain elements, including a contract signed by
all Sector participants and a plan containing the management rules that
the Sector participants agree to abide by in order to avoid exceeding
the allocated TAC. An additional analysis of the impacts of the
Sector's proposed operations may be required in order to comply with
the National Environmental Policy Act, and the public must be provided
an opportunity to comment on the proposed Operations Plan and Sector
Contract. Amendment 13 provides that, upon completion of the public
comment period, the Regional Administrator will make a determination
regarding approval of the Sector Contract and Operations Plan. If
approved by the Regional Administrator, participating vessels would be
authorized to fish under the terms of the Operations Plan and Sector
Contract.
On May 24, 2004, the Sector submitted the Sector Agreement and a
Draft EA which analyzes the impacts of the proposed Sector Agreement.
The Sector Agreement would be overseen by a Board of Directors and a
Sector Manager. The Sector Agreement specifies, in accordance with
Amendment 13, that the GB cod TAC for the Sector would be based upon
the number of Sector members and their historic landings of GB cod. The
GB cod TAC is a ``hard'' TAC, meaning that, once the TAC is reached,
Sector vessels could not fish under a DAS, possess or land GB cod or
other regulated species managed under the FMP (regulated species), or
use gear capable of catching groundfish (unless fishing under charter/
party or recreational regulations). As of June 1, 2004, 58 prospective
Sector members had signed the Sector Contract. The allocation
percentage was calculated, as specified in Amendment 13, by dividing
the sum of total landings of GB cod by Sector members for the fishing
years 1996 through 2001 (when fishing with jigs, demersal longline, or
handgear)(14,285,443 lb)(6,480 mt), by the sum of the total accumulated
landings of GB cod harvested by all NE multispecies vessels for the
same time period (113,278,842 lb)(51,382 mt). The resulting number is
12.611 percent. Based upon these 58 prospective Sector members, the
Sector TAC of GB cod would be 372 mt (12.611 percent times the fishery-
wide GB cod target TAC of 2,949 mt). The fishery-wide GB cod target TAC
of 2,949 mt is less than the GB cod target TAC specified in Amendment
13 (3,949 mt) because the
[[Page 34336]]
3,949 mt included Canadian catch. The fishery-wide GB cod target TAC of
2,949 mt was calculated by subtracting the GB cod TAC specified for
Canada under the U.S./Canada Resource Sharing Understanding for the
2004 fishing year (1,000 mt), from the overall GB cod target TAC of
3,949 mt specified in Amendment 13. Because the proposed Sector Manager
stated that some prospective members of the Sector may change their
minds after the publication of this notice and prior to a final
decision by the Regional Administrator, it is possible that the total
number of participants in the Sector and the TAC for the Sector may be
slightly reduced from the numbers above.
The Sector Agreement contains procedures for the enforcement of the
Sector rules, a schedule of penalties, and provides the authority to
the Sector Manager to issue stop fishing orders to members of the
Sector. Participating vessels would be required to land fish only in
designated landing ports and would be required to provide the Sector
Manager with a copy of the Vessel Trip Report (VTR) within 48 hours of
offloading. Dealers purchasing fish from participating vessels would be
required to provide the Sector Manager with a copy of the dealer report
on a weekly basis. On a monthly basis, the Sector Manager would
transmit to NMFS a copy of the VTRs and the aggregate catch information
from these reports. After 90 percent of the Sector's allocation has
been harvested, the Sector Manager would be required to provide NMFS
with aggregate reports on a weekly basis. A total of 1/12 of the
Sector's GB cod TAC, minus a reserve, would be allocated to each month
of the fishing year. GB Cod quota that is not landed during a given
month would be rolled over into the following month. Once the aggregate
monthly quota of GB cod is reached, for the remainder of the month,
participating vessels could not fish under a multispecies DAS, possess
or land GB cod or other regulated species, or use gear capable of
catching regulated multispecies. Once the annual TAC of GB cod is
reached, Sector members could not fish under a multispecies DAS,
possess or land GB cod or other regulated species, or use gear capable
of catching regulated multispecies for the rest of the fishing year.
The harvest rules would not preclude vessels from fishing under the
charter/party or recreational regulations, provided the vessel fishes
under the applicable charter/party and recreational rules on separate
trips. For each fishing trip, participating vessels would be required
to fish under the NE multispecies DAS program, and are required to call
the Sector Manager prior to leaving port, in addition to calling into
the DAS program. There would be no trip limit for GB cod for
participating vessels. All legal-sized cod caught would be retained and
landed and counted against the Sector's aggregate allocation. Those
species that do not meet the minimum size restrictions specified in the
regulations would be returned to the sea as quickly as possible to
minimize, to the extent practicable, the mortality to such species.
Participating vessels would not be allowed to fish with or have on
board gear other than jigs, non-automated demersal longline, or
handgear. Participating vessels would be limited to using 4,500 hooks
within an inshore area, but may use an unlimited number of hooks in the
rest of the Sector Area. NE multispecies DAS used by participating
vessels while conducting fishery research under an Exempted Fishing
Permit during the 2004 fishing year would be deducted from that Sector
member's individual DAS allocation. Similarly, all GB cod landed by a
participating vessel while conducting research would count toward the
Sector's allocation of GB cod TAC. Participating vessels would be
exempt from the GB Seasonal Closure Area during the month of May. In
addition, the Sector Agreement provides that participating vessels must
fish under their Amendment 13 DAS allocation to account for any
incidental groundfish species that they may catch while targeting GB
cod.
The draft EA prepared for the Sector operations concludes that the
biological impacts of the Sector will be positive because the hard TAC
and the use of DAS will provide two means of restricting both the
landings and effort of the Sector. Implementation of the Sector would
have a positive impact on essential fish habitat and bycatch by
allowing a maximum number of hook vessels to remain active in the hook
fishery, rather than converting to (or leasing DAS to) other gear types
that have greater environmental impacts. The analysis of economic
impacts of the Sector concludes that Sector members would realize
higher economic returns if the Sector were implemented. The draft EA
asserts that fishing in accordance with the Sector Agreement rules
enables more efficient harvesting of GB cod with hook gear than would
be possible if the vessels were fishing in accordance with the common
pool rules. The social benefits of the Sector would accrue to both
Sector members as well as the Chatham/Harwichport, MA, community, which
is highly dependent upon groundfish revenues and is likely to be
negatively affected by the reduced cod trip limit that was implemented
by Amendment 13. The draft EA concludes that the self-governing nature
of the Sector and the development of rules by the Sector enables
stewardship of the cod resource by Sector members. The cumulative
impacts of the Sector are expected to be positive due to a positive
biological impact, neutral impact on habitat, and a positive social and
economic impact. In contrast, the cumulative impact of the no action
alternative is estimated to be neutral, with negative social and
economic impacts.
Should the Regional Administrator approve the Sector Agreement as
proposed, a Letter of Authorization would be issued to each member of
the Sector exempting them, conditional upon their compliance with the
Sector Agreement, from the GB cod possession restrictions and the
requirements of the Gulf of Maine trip limit exemption program, limits
on the number of hooks, and the GB Seasonal Closure Area, as specified
in Sec. Sec. 648.86(b), 648.80(a)(4)(v), and 648.81(g), respectively.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 16, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-13941 Filed 6-18-04; 8:45 am]
BILLING CODE 3510-22-S