67106 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 

the criterion of a substantial number of 

the small business entities will be met.

The outcome of ‘‘significant economic 

impact’’ can be ascertained by 

examining two issues: 

disproportionality and profitability. The 

criterion for disproportionality is 

whether the regulations place a 

substantial number of small entities at a 

significant competitive disadvantage to 

large entities. All entities affected by the 

proposed rule are considered small 

entities so that the issue of 

disproportionality does not arise. The 

criterion regarding profitability is 

whether the regulations significantly 

reduce profit for a substantial number of 

small entities. No precise estimates of 

the profits of either the commercial 

fishing vessels or the charter vessels that 

are expected to be affected by the 

proposed rule are available. However, 

even though it is recognized that not all 

water habitat is equally productive, the 

proposed rule would affect only 

approximately 3 percent of the available 

water area in the less than 100–fathom 

(183–m) depth range and close the area 

to fishing for only 25 percent of the 

year. Thus, less than 1 percent of 

available fishing area and time would be 

affected. Although it is likely that 

harvests from this area during this time 

period may exceed 1 percent by a 

negligible amount for certain species or 

fishing operations, the proposed 

restriction is expected to be sufficiently 

small so as to not substantially affect the 

profits of a substantial number of small 

entities.

Including the no-action alternative, 

five alternatives were considered in 

addition to the proposed rule. The noaction alternative would not impose any 

closure in the target area, thereby 

allowing all current fishing practices. 

This would eliminate all short-term 

adverse impacts expected to result from 

the closure. However, spawning 

protection of yellowfin grouper would 

not be provided, thereby forgoing the 

benefits of rebuilding the stock, and the 

action would, therefore, not be 

consistent with the Council’s intent. 

The remaining four alternatives differ in 

the geographic size and time duration of 

the closure. Alternative 3 would 

establish closure over a larger 

geographic area than the proposed rule, 

17.5 nm2 (60 km2) vs. 6.88 nm2 (28.60 

km2), but would not encompass the 

entire period during which yellowfin 

grouper are known to spawn, thereby 

potentially negating the purpose and 

effectiveness of the closure. However, 

potential benefits to coral habitats, to 

the extent they occur within the 

proposed boundaries, could be greater 

than those in Alternative 2. Alternatives 

4 and 6 would only establish closure in 

a 1 nm2 (3.4 km2) area, an area 

insufficient to afford the necessary 

protection. Alternative 4 would 

additionally not encompass the full 

spawning period and may allow fishing 

pressure to significantly impact an 

aggregation that is still present in the 

latter half of April. Alternative 6 would 

encompass the entire spawning period, 

but would continue the closure longer 

than is believed necessary. Alternative 5 

would encompass 5 nm2 (17.2 km2), 

smaller than that in Alternative 2 but 

possibly affording sufficient geographic 

scope. However, Alternative 5 would 

also extend the closure for an additional 

month, which is longer than necessary 

and would, therefore, impose 

unnecessary adverse impacts. In 

addition, potential benefits to coral 

habitats, to the extent they occur within 

the proposed boundaries, could be 

slightly less than those in Alternative 2. 

Among the alternatives, only the 

proposed alternative meets the 

geographic and temporal scope 

necessary to meet the management 

objectives.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands.

Dated: November 10, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows:

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC

1. The authority citation for part 622 

continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In § 622.33, paragraph (a)(4) is 

added to read as follows:

§ 622.33 Caribbean EEZ seasonal and/or 

area closures.

(a) * * *

(4) Grammanik Bank closed area. (i) 

The Grammanik Bank closed area is 

bounded by rhumb lines connecting, in 

order, the following points:

Point North lat. West long. 

A 18°12.40′ 64°59.00′

B 18°10.00′ 64°59.00′

C 18°10.00′ 64°56.10′

Point North lat. West long. 

D 18°12.40′ 64°56.10′

A 18°12.40′ 64°59.00′

(ii) From February 1, 2005, through 

April 30, 2005, no person may fish for 

or possess any species of fish, except 

highly migratory species, within the 

Grammanik Bank closed area. For the 

purpose of paragraph (a)(4) of this 

section, fish means finfish, mollusks, 

crustaceans, and all other forms of 

marine animal and plant life other than 

marine mammals and birds. Highly 

migratory species means bluefin, bigeye, 

yellowfin, albacore, and skipjack tunas; 

swordfish; sharks (listed in appendix A 

to 50 CFR part 635); white marlin, blue 

marlin, sailfish, and longbill spearfish.

* * * * *

[FR Doc. 04–25430 Filed 11–15–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 041105308–4308–01; I.D. 

110304B]

RIN 0648–AS88

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Resources of the Gulf of Mexico; 

Commercial Reef Fish Fishery of the 

Gulf of Mexico; Control Date

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Advance notice of proposed 

rulemaking; control date for Gulf of 

Mexico grouper landings.

SUMMARY: This notice announces that 

the Gulf of Mexico Fishery Management 

Council (GMFMC) is considering the 

establishment of an individual fishing 

quota (IFQ) to control participation or 

effort in the commercial grouper fishery 

of the Gulf of Mexico. If an IFQ is 

established, the GMFMC is considering 

October 15, 2004, as a possible control 

date regarding the eligibility of catch 

histories in the commercial grouper 

fishery.

DATES: Comments must be submitted by 

December 16, 2004.

ADDRESSES: You may submit comments 

on this notice of control date by any of 

the following methods:

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 67107

• E-mail: 0648–

AS88.Proposed@noaa.gov. Include in 

the subject line the following document 

identifier: 0648–AS88.Proposed.

• Federal e-Rulemaking Portal: http:/

/www.regulations.gov. Follow the 

instructions for submitting comments.

• Mail: Steve Branstetter, Southeast 

Regional Office, NMFS, 9721 Executive 

Center Drive N., St. Petersburg, FL 

33702.

• Fax: 727–570–5583, Attention: 

Steve Branstetter.

FOR FURTHER INFORMATION CONTACT:

Steve Branstetter, 727–570–5305.

SUPPLEMENTARY INFORMATION: The 

commercial fishery for grouper in the 

Gulf of Mexico is managed under the 

Fishery Management Plan for the Reef 

Fish Resources of the Gulf of Mexico 

(FMP). The FMP was prepared by the 

GMFMC, and implemented under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. A moratorium on the issuance of 

new commercial reef fish permits was 

established by Amendment 4 to the 

FMP in May 1992. The moratorium has 

been maintained since that time with 

the implementation of Amendments 9, 

11, and 17, and is scheduled to expire 

on December 31, 2005. The GMFMC is 

currently finalizing Amendment 24 to 

the FMP that would again extend the 

moratorium.

The GMFMC anticipates that 

additional future action may be 

necessary to control effort in the Gulf of 

Mexico grouper fishery by further 

restricting the number of participants. 

The GMFMC has been advised by NMFS 

that the grouper resources of the Gulf 

EEZ are fully exploited, especially red 

grouper and the aggregate of deep-water 

groupers, and the fisheries currently 

operate under restrictive quotas. As 

such, the GMFMC is concerned that the 

current level of participation and effort 

in the grouper fishery of the Gulf of 

Mexico may not be maximizing the 

economic benefits that could be derived 

from the resource and that future 

increases in participation or effort could 

further reduce economic benefits. In 

anticipation of future action to establish 

an IFQ for the grouper fishery of the 

Gulf of Mexico, at its October 2004 

meeting, the GMFMC approved a 

motion stating:

In order to discourage acceleration in the 

grouper fishery to develop a catch history, 

the Council records its intent to only use 

catch histories prior to October 15, 2004, 

when developing a grouper IFQ. The Council 

requests NOAA Fisheries to publish this as 

a control date.

Should the GMFMC take future action 

to further restrict participation in the 

fishery, it may use October 15, 2004, as 

a possible control date regarding the 

eligibility of catch histories. 

Implementation of any program to 

restrict access in the grouper fishery 

would require preparation of an 

amendment to the FMP and publication 

of a notice of availability of the 

amendment with a comment period, 

publication of a proposed rule with a 

public comment period, approval of the 

amendment, and issuance of a final 

implementing rule.

Consideration of a control date does 

not commit the GMFMC or NMFS to 

any particular management regime or 

criteria for eligibility in the commercial 

grouper fishery. The GMFMC may or 

may not make use of this control date 

as part of the qualifying criteria for 

participation in any future IFQ or other 

management program for the Gulf of 

Mexico grouper fishery. Fishermen are 

not guaranteed future participation in a 

fishery regardless of their entry date or 

intensity of participation in the fishery 

before or after the control date under 

consideration. The GMFMC 

subsequently may choose a different 

control date or a management regime 

that does not make use of a control date. 

The GMFMC also may choose to take no 

further action to control entry or access 

to the fisheries, in which case the 

control date may be rescinded.

Authority: 16 U.S.C. 1801 et seq.

Dated: November 10, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

[FR Doc. 04–25429 Filed 11–15–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[I.D. 110904D]

RIN 0648–AS37

Fisheries of the Exclusive Economic 

Zone Off Alaska; Aleutian Islands 

Directed Pollock Fishery

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of availability; request 

for comments.

SUMMARY: The North Pacific Fishery 

Management Council (Council) has 

submitted Amendment 82 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). Amendment 

82, if approved, would establish a 

framework for management of the 

Aleutian Islands subarea (AI) directed 

pollock fishery. This action is necessary 

to implement provisions of the 

Consolidated Appropriations Act of 

2004 that require the directed pollock 

fishery in the AI to be allocated to the 

Aleut Corporation for economic 

development of Adak, Alaska. This 

action is intended to promote the goals 

and objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), the FMP, 

Consolidated Appropriations Act of 

2004, and other applicable laws. 

Comments from the public are welcome.

DATES: Comments on Amendment 82 

must be received by close of business on 

January 18, 2005.

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Lori Durall. Comments may be 

submitted by:

• Mail: P.O. Box 21668, Juneau, AK 

99802;

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK;

• Fax: 907–586–7557; or

• E-mail: BSA82NOA–0648–

AS37@noaa.gov. Include in the subject 

line the following document identifier: 

AI pollock NOA. E-mail comments, with 

or without attachments, are limited to 5 

megabytes.

Copies of Amendment 82, the 

Environmental Assessment/Regulatory 

Impact Review (EA/RIR) for the 

amendment, and the 2000 and 2001 

Biological Opinions on the groundfish 

fisheries may be obtained from the same 

address or from the Alaska Region 

NMFS website at www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT:

Melanie Brown, 907–586–7228 or 

melanie.brown@noaa.gov.

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Act requires that 

each Regional Fishery Management 

Council submit any FMP amendment it 

prepares to NMFS for review and 

approval, disapproval, or partial 

approval. The Magnuson-Stevens Act 

also requires that NMFS, upon receiving 

a FMP amendment, immediately 

publish a notice in the Federal Register

that the amendment is available for 

public review and comment.

The Council adopted Amendment 82 

in June 2004 and clarified it in October 

2004. If approved by NMFS, this 

amendment would establish a 

framework for management of the AI