67104 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 

(b) Definitions. Unless otherwise 

defined in this section, the terms 

defined in § 600.1000 of Subpart L of 

this Part expressly apply to this section. 

The following terms have the following 

meanings for the purpose of this section:

Borrower means, individually and 

collectively, each post-reduction fishing 

permit holder and/or fishing vessel 

owner fishing in the reduction fishery, 

in any or all of the fee share fisheries, 

or in both the reduction fishery and any 

or all of the fee share fisheries.

Fee fish means all fish harvested from 

the reduction fishery during the period 

in which any portion of the reduction 

fishery’s subamount is outstanding and 

all fish harvested from each of the fee 

share fisheries during the period in 

which any portion of each fee share 

fishery’s subamount is outstanding.

Fee share fisheries means the 

California, Washington, and Oregon 

fisheries for coastal Dungeness crab and 

pink shrimp.

Reduction fishery means all species 

in, and that portion of, the limited entry 

trawl fishery under the Federal Pacific 

Coast Groundfish Fishery Management 

Plan that is conducted under permits, 

excluding those registered to whiting 

catcher-processors, which are endorsed 

for trawl gear operation.

Subamount means each portion of the 

reduction loan’s original principal 

amount which is allocated to the 

reduction fishery and to each of the fee 

share fisheries.

(c) Reduction loan amount. The 

reduction loan’s original principal 

amount is $35,662,471.

(d) Subamounts. The subamounts are:

(1) Reduction fishery, $28,428,719; 

and

(2) Fee share fisheries:

(i) California Dungeness crab, 

$2,334,334,

(ii) California pink shrimp, $674,202,

(iii) Oregon Dungeness crab, 

$1,367,545,

(iv) Oregon pink shrimp, $2,228,845,

(v) Washington Dungeness crab, 

$369,426, and

(vi) Washington pink shrimp, 

$259,400.

(e) Interest accrual inception.

Reduction loan interest began accruing 

on March 1, 2004.

(f) Interest rate. The reduction loan’s 

interest rate shall be 6.97%.

(g) Repayment term. For the purpose 

of determining fee rates, the reduction 

loan’s repayment term shall be 30 years 

from March 1, 2004, but each fee shall 

continue for as long as necessary to fully 

repay each subamount.

(h) Reduction loan repayment.

(1) The borrower shall repay the 

reduction loan in accordance with 

§ 600.1012 of Subpart L of this Part;

(2) Fish sellers in the reduction 

fishery and in each of the fee share 

fisheries shall pay the fee applicable to 

each such fishery’s subamount in 

accordance with § 600.1013 of Subpart L 

of this Part;

(3) Fish buyers in the reduction 

fishery and in each of the fee share 

fisheries shall collect the fee applicable 

to each such fishery in accordance with 

§ 600.1013 of Subpart L of this Part;

(4) Fish buyers in the reduction 

fishery and in each of the fee share 

fisheries shall deposit and disburse, as 

well as keep records for and submit 

reports about, the fees applicable to 

each such fishery in accordance with 

§ 600.1004 of Subpart L of this Part; and

(5) The reduction loan is, in all other 

respects, subject to the provisions of 

§ 600.1012 through § 600.1017 of 

subpart L of this part.

[FR Doc. 04–25428 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. 041104307–4307–01; I.D. 

102904B]

RIN 0648–AS56

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of Puerto Rico and the U.S. 

Virgin Islands; Seasonal Closure of 

Grammanik Bank

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule; request for 

comments.

SUMMARY: NMFS issues this proposed 

rule to implement interim measures 

recommended by the Caribbean Fishery 

Management Council (Council). This 

proposed rule would prohibit fishing for 

or possessing any species of fish, except 

highly migratory species, within the 

Grammanik Bank closed area from 

February 1, 2005, through April 30, 

2005. The intended effect of this 

proposed rule is to protect a yellowfin 

grouper spawning aggregation and to 

reduce overfishing.

DATES: Comments must be received no 

later than 5 p.m., eastern time, on 

December 1, 2004.

ADDRESSES: You may submit comments 

on the proposed rule by any of the 

following methods:

• E-mail: 0648–

AS56.Proposed@noaa.gov. Include in 

the subject line of the e-mail comment 

the following document identifier 0648–

AS56.

• Federal e-Rulemaking Portal: http:/

/www.regulations.gov. Follow the 

instructions for submitting comments.

• Mail: Michael Barnette, Southeast 

Regional Office, NMFS, 9721 Executive 

Center Drive N., St. Petersburg, FL 

33702.

• Fax: 727–570–5583, Attention: 

Michael Barnette.

Copies of documents supporting this 

action may be obtained by contacting 

the NMFS Southeast Regional Office at 

the above address.

FOR FURTHER INFORMATION CONTACT:

Michael Barnette, 727–570–5794.

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of Puerto Rico and of the 

U.S. Virgin Islands is managed under 

the Fishery Management Plan for the 

Reef Fish Fishery of Puerto Rico and of 

the U.S. Virgin Islands (FMP). The FMP 

was prepared by the 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.

Background

Grammanik Bank lies on the shelf 

edge approximately 7 miles (11.3 km) 

south of Water Island, St. Thomas, U.S. 

Virgin Islands. The actual coral bank 

extends 1.05 miles (1.69 km) along the 

shelf edge and is approximately 328 ft 

(100 m) wide at its widest point. 

Researchers at the University of the 

Virgin Islands have documented that 

yellowfin grouper aggregate to spawn on 

Grammanik Bank from February 

through April each year, with peak 

spawning occurring around the full 

moon in March.

Yellowfin grouper are a long-lived, 

slow-growing species and, therefore, 

have a higher susceptibility to 

overfishing. Based on the preferred 

stock status criteria alternatives 

contained in the Council’s Draft 

Amendment to the Fishery Management 

Plans (FMPs) of the U.S. Caribbean to 

Address Required Provisions of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(SFA Amendment), yellowfin grouper 

would be considered to be undergoing 

overfishing, and the stock would be 

considered to be overfished.

Prior to 2000, the yellowfin grouper 

spawning aggregation appears to have 

been relatively unexploited. However, 

anecdotal information from fishermen 

indicates that significant quantities of 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 67105

yellowfin grouper were harvested from 

Grammanik Bank during the spawning 

aggregations in recent years. Underwater 

visual censuses conducted by 

researchers at the University of the 

Virgin Islands in March 2002 and 2003 

revealed only small numbers of 

yellowfin grouper (i.e., 50 to 60) present 

during the peak spawning period. Based 

on this apparent reduction in 

abundance, representatives of the 

University of the Virgin Islands and two 

environmental organizations recently 

expressed concern about the apparent 

increased fishing mortality on the 

yellowfin grouper spawning aggregation 

and recommended that emergency 

action be undertaken to protect 

yellowfin grouper during the peak 

spawning period. After considering all 

available information, including 

commercial landings data from the U.S. 

Virgin Islands that support the SFA 

Amendment’s discussion of the 

overfished status of the yellowfin 

grouper stock, visual census data from 

researchers at the University of the 

Virgin Islands, and other relevant 

biological studies referenced in the 

supporting environmental assessment 

(EA), the Council, at its August 2004 

meeting, requested NMFS to draft a rule 

that would implement interim measures 

to protect yellowfin grouper during the 

2005 spawning season. Consistent with 

the Council’s request, this proposed rule 

would implement interim measures to 

protect the yellowfin grouper spawning 

aggregation during the 2005 spawning 

season. Subsequent, long-term 

protection of the spawning aggregation 

would be addressed in measures 

contained in the SFA Amendment, 

which is currently under development 

and, if approved by NMFS, would be 

expected to be implemented in mid to 

late 2005.

Interim Measures to Protect Yellowfin 

Grouper

This proposed rule would prohibit 

fishing for or possession of any species 

of fish, other than a highly migratory 

species, within the Grammanik Bank 

closed area from February 1, 2005, 

through April 30, 2005. For the 

purposes of this rule, the term ‘‘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. The Grammanik Bank 

closed area encompasses an area 

approximately 2.5 nm (4.6 km) by 2.75 

nm (5.1 km) and 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′

D 18°12.40′ 64°56.10′

A 18°12.40′ 64°59.00′

Classification

At this time, NMFS has not 

determined that the interim measures 

that this proposed rule would 

implement are consistent with the 

national standards of the MagnusonStevens Act and other applicable laws. 

NMFS, in making that determination, 

will take into account the data, views, 

and comments received during the 

comment period on this proposed rule.

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866.

NMFS prepared an EA for the interim 

measures that this proposed rule would 

implement. The EA discusses the 

impact on the environment as a result 

of this rule. A copy of the EA is 

available from NMFS (see ADDRESSES).

NMFS prepared an initial regulatory 

flexibility analysis (IRFA) as required by 

section 603 of the Regulatory Flexibility 

Act. The IRFA, which is contained in 

the EA, describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. A description of 

the action, why it is being considered, 

and the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

summary of the analysis follows. A copy 

of this analysis is available from NMFS 

(see ADDRESSES).

The proposed rule is intended to 

protect an important spawning 

aggregation of yellowfin grouper, to help 

arrest the decline in the resource, and to 

support its recovery. The MagnusonStevens Act, as amended, provides the 

statutory basis for the rule.

The proposed rule is intended to 

implement, on an interim basis, an 

action currently included in the Draft 

SFA Amendment. The SFA Amendment 

is expected to be implemented prior to 

the 2006 fishing year. This proposed 

rule would be an interim action 

providing protection of an important 

yellowfin grouper spawning aggregation 

during the 2005 spawning season and 

would expire prior to the 

implementation of the SFA 

Amendment. No duplicate, overlapping 

or conflicting rules have been identified.

There are two general classes of small 

business entities that would be directly 

affected by the rule: commercial fishing 

vessels and for-hire fishing vessels. The 

Small Business Administration defines 

a small business that engages in 

commercial fishing as a firm that is 

independently owned and operated, 

that is not dominant in its field of 

operation, and that has annual receipts 

up to $3.5 million per year. The revenue 

benchmark for a small business that 

engages in charter fishing is a firm with 

receipts up to $6.0 million.

There are an estimated 342 registered 

commercial fishing vessels in the U.S. 

Virgin Islands. The majority of 

participants are part-time fishermen. 

Total annual average dockside revenues 

from commercial fishing activity are 

estimated at $1.72 million, or an average 

of $5,000 per registered vessel. Given 

the average revenue estimates of the 

fleet, all commercial entities are 

determined to be small business 

entities. It cannot be precisely 

determined how many of the 

commercial vessels that operate in the 

U.S. Virgin Islands would be affected by 

the proposed rule, though the rule 

would apply to all commercial fishing 

vessels. NMFS assumes that indirect 

impacts would be incurred industrywide, and that all the commercial 

fishing entities that would be affected 

by the rule are small entities.

An estimated 27 year-round charter 

fishing operations operate in the U.S. 

Virgin Islands, with an unknown 

number of seasonal operations. No 

information exists on the business 

profile of this fleet. However, the 

average gross revenue for charter vessels 

operating in Florida is estimated at 

$68,000, and ranges from $26,000 

(South Carolina) to $82,000 (Alabama) 

for other areas in the southeastern U.S. 

No information exists to suggest that the 

revenue profile of charter vessels that 

operate in the U.S. Virgin Islands is 

substantially different from these 

estimates, so NMFS concludes that all 

charter vessels operating in the U.S. 

Virgin Islands are small business 

entities. It cannot be determined how 

many of the charter vessels that operate 

in the U.S. Virgin Islands would be 

affected by the proposed rule, though 

the rule would apply to all charter 

vessels. NMFS assumes that indirect 

effects would be incurred industrywide, and that all the charter fishing 

entities that would be affected by the 

rule are small entities.

The rule does not impose any 

reporting or record keeping 

requirements.

Since the proposed rule would apply 

to all commercial and charter fishing 

entities and all entities operating in the 

fishery are assumed to be small entities, 

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: