Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70923

vessels with an average increase of 10.8 

A DAS (ranging from 0.02 to 52.69 A 

DAS) per vessel. Amendment 13 

analyzed the average daily returns by 

vessel category and concluded that 

average daily returns while fishing on a 

DAS would range from $1,139 to $2,683 

depending on the vessel category. 

Assuming that additional A DAS were 

re-allocated to the fishery, individual 

vessels may realize these net returns. 

However, net returns may not be 

uniform within each vessel category 

because of the variation in number of A 

DAS that would be expected to return 

to the fishery (i.e., 0.02 to 52.69 A DAS). 

Individual vessels would also need to 

consider other variables in combination 

with their allocated A DAS to determine 

the likelihood of exact changes in vessel 

profitability. The preferred alternative 

as analyzed within Amendment 13 

assumes the DAS usage cap is in place 

and the NE multispecies fishery is 

operating based on the DAS allocation 

procedure specified in the final rule for 

Amendment 13. In this case, the 

establishment of a DAS usage cap, as set 

forth in the final rule, would neither 

affect the costs of current fishing 

operations for individual vessels, nor 

would it impose any additional 

compliance costs on NE groundfish 

vessels. DAS allocations to individual 

vessels would remain unchanged, giving 

each vessel the same opportunity to 

earn revenues as they exist in the 

present fishery. In addition, there would 

be no change to individual vessel 

profitability resulting from the 

maintenance of the present DAS 

schedule. Furthermore, the NE 

multispecies fleet has been operating 

under a DAS usage cap for the past two 

years as a result of a series of interim 

and emergency actions taken by NMFS 

resulting from the Conservation Law 

Foundation v. Evans litigation (67 FR 

50292, August 1, 2002; 68 FR 2919, 

January 22, 2003; and 68 FR 38234, June 

27, 2003). Individual vessels have 

received reduced DAS allocations based 

on this cap and have already 

experienced economic impacts that 

would be similar to those resulting from 

the existence of the DAS usage cap for 

the 2004 fishing season.

Implementing the DAS cap (i.e., 

capping the DAS baseline at a vessel’s 

2001 allocation) is critical in order to be 

consistent with the intent of the 

Council’s goal of fishing capacity 

reduction. Allowing vessels to have a 

baseline DAS allocation that exceeds the 

level of recent historic allocation is 

counter to the stated goal of 

Amendment 13’s alternatives to control 

capacity. The non-selected alternative 

would also have the potential of slowing 

rebuilding efforts and would lead to 

additional DAS reductions in future 

years, thus resulting in greater adverse 

economic impacts. Finally, operating 

the fishery without a DAS usage cap and 

inserting the extra effort back into the 

fishery would not be consistent with 

Amendment 13 and the goals and 

objectives the Magnuson-Stevens Act 

and its national standards.

A Summary of the Significant Issues 

Raised by the Public Comments in 

Response to the IRFA, a Summary of the 

Assessment of the Agency of such 

Issues, and a Statement of any Changes 

made in the Proposed Rule as a Result 

of such Comments.

NMFS received thirteen comments on 

the proposed interim rule. Of these, two 

comments dealt with economic impacts 

to small entities (vessels) resulting from 

the management measures in the 

proposed interim rule and one comment 

specifically disagreed with the 

conclusions of the IRFA. NMFS 

responded to the comment regarding the 

IRFA in the response to Comment 4 

specified above. NMFS addressed the 

two comments regarding the economic 

impacts to small entities in the FRFA 

analysis in the preamble of this final 

rule.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and 

recordkeeping requirements.

Dated: December 3, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

■ For the reasons set out 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.

■ 2. In § 648.82, paragraph (c)(1) 

introductory text is republished to read 

as follows:

§ 648.82 Effort-control program for NE 

multispecies limited access vessels.

* * * * *

(c) Used DAS baseline—(1) 

Calculation of used DAS baseline. For 

all valid limited access NE multispecies 

DAS vessels, vessels issued a valid 

small vessel category permit, and NE 

multispecies Confirmation of Permit 

Histories, beginning with the 2004 

fishing year, a vessel’s used DAS 

baseline shall be based on the fishing 

history associated with its permit and 

shall be determined by the highest 

number of reported DAS fished during 

a single qualifying fishing year, as 

specified in paragraphs (c)(1)(i) through 

(iv) of this section, during the 6–year 

period from May 1, 1996, through April 

30, 2002, not to exceed the vessel’s 

annual allocation prior to August 1, 

2002. A qualifying year is one in which 

a vessel landed 5,000 lb (2,268 kg) or 

more of regulated multispecies, based 

upon landings reported through dealer 

reports (based on live weights of 

landings submitted to NMFS prior to 

April 30, 2003). If a vessel that was 

originally issued a limited access NE 

multispecies permit was lawfully 

replaced in accordance with the 

replacement restrictions specified in 

§ 648.4(a), then the used DAS baseline 

shall be defined based upon the DAS 

used by the original vessel and by 

subsequent vessel(s) associated with the 

permit during the qualification period 

specified in this paragraph (c)(1). The 

used DAS baseline shall be used to 

calculate the number and category of 

DAS that are allocated for use in a given 

fishing year, as specified in paragraph 

(d) of this section.

* * * * *

[FR Doc. 04–26950 Filed 12–3–04; 2:54 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 021101264–3016–02; I.D. 

120304C]

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; Total 

Allowable Catch Harvested for 

Management Area 1B

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure of directed fishery for 

Management Area 1B.

SUMMARY: NMFS announces that 95 

percent of the Atlantic herring total 

allowable catch (TAC) allocated to 

Management Area 1B (Area 1B) for 2004 

is projected to be harvested by 0001 hrs 

local time, December 8, 2004. Therefore, 

effective 0001 hours, December 8, 2004, 

federally permitted vessels may not fish 

for, catch, possess, transfer or land more 

than 2,000 lb (907.2 kg) of Atlantic 

herring in or from Area 1B per trip or 

calendar day until January 1, 2005, 

when the 2005 period TAC becomes 

available, except for transiting purposes

70924 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

as described in this notice. Regulations 

governing the Atlantic herring fishery 

require publication of this notification 

to advise vessel and dealer permit 

holders that no TAC is available for the 

directed fishery for Atlantic herring 

harvested from Area 1B.

DATES: Effective 0001 hrs local time, 

December 8, 2004, through 2400 hrs 

local time, December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fisheries Management Specialist, 

at (978) 281–9221.

SUPPLEMENTARY INFORMATION:

Regulations governing the Atlantic 

herring fishery are found at 50 CFR part 

648. The regulations require annual 

specification of optimum yield, 

domestic and foreign fishing, domestic 

and joint venture processing, and 

management area TACs. The 2004 TAC 

allocated to Area 1B (69 FR 17980, April 

6, 2004) is 10,000 mt.

The regulations at 50 CFR 648.202 

require the Administrator, Northeast 

Region, NMFS (Regional Administrator) 

to monitor the Atlantic herring fishery 

in each of the four management areas 

designated in the Fishery Management 

Plan for the Atlantic Herring Fishery 

and, based upon dealer reports, state 

data, and other available information, to 

determine when the harvest of Atlantic 

herring is projected to reach 95 percent 

of the TAC allocated. When such a 

determination is made, NMFS is 

required to publish notification in the 

Federal Register notifying vessel and 

dealer permit holders that, effective 

upon a specific date, vessels may not 

fish for, catch, possess, transfer or land 

more than 2,000 lb (907.2 kg) of herring 

per trip or calendar day in or from the 

specified management area for the 

remainder of the closure period. The 

Regional Administrator has determined, 

based upon dealer reports and other 

available information, that 95 percent of 

the total Atlantic herring TAC allocated 

to Area 1B for the 2004 fishing year is 

projected to be harvested by 0001 hrs 

local time, December 8, 2004. Therefore, 

effective 0001 hrs local time, December 

8, 2004, federally permitted vessels may 

not fish for, catch, possess, transfer or 

land more than 2,000 lb (907.2 kg) of 

Atlantic herring in or from Area 1B per 

trip or calendar day through December 

31, 2004; except a vessel may transit, or 

land herring in Area 1B with more than 

2,000 lb (907.2 kg) of herring on board, 

provided such herring were not caught 

in Area 1B, and provided all fishing gear 

is stowed and not available for 

immediate use as required by 

§ 648.23(b). Effective, 0001 hrs local 

time, December 8, 2004, federally 

permitted dealers are also advised that 

they may not purchase Atlantic herring 

from federally permitted Atlantic 

herring vessels that harvest more than 

2,000 lb (907.2 kg) of Atlantic herring 

from Area 1B through December 31, 

2004, 2400 hrs local time.

Classification

This action is required by 50 CFR part 

648 and is exempt from review under 

E.O. 12866.

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

seq.

Dated: December 3, 2004.

Bruce C. Morehead

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–26961 Filed 12–3–04; 2:51 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

120204A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processor Vessels Using 

Hook and Line Gear in the Bering Sea 

and Aleutian Islands Management Area

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher 

processor vessels using hook and line 

gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2004 total allowable catch (TAC) of 

Pacific cod allocated to catcher 

processor vessels using hook and line 

gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), December 4, 2004, through 

2400 hrs, A.l.t., December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (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 2004 TAC of Pacific cod allocated 

to catcher processor vessels using hook 

and line gear in the BSAI is 97,795 

metric tons as established by the 2004 

final harvest specifications for 

groundfish in the BSAI (69 FR 9242, 

February 27, 2004) and subsequent 

reallocations on October 15 (69 FR 

61607, October 20, 2004) and November 

26 (69 FR 69828, December 1, 2004). See 

§ 679.20(c)(3)(iii), § 679.20(c)(5), and 

§ 679.20(a)(7)(i)(A) and (C).

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2004 

TAC of Pacific cod allocated to catcher 

processor vessels using hook and line 

gear in the BSAI will soon be reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher processor vessels using hook 

and line gear in the BSAI.

After the effective date of this closure 

the maximum retainable amounts at 50 

CFR 679.20(e) and (f) apply at any time 

during a trip.

Classification

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod 

allocated to catcher processor vessels 

using hook and line gear in the BSAI.

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment.

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866.

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

Dated: December 2, 2004.

Anne M. Lange,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–26951 Filed 12–3–04; 2:51 pm]

BILLING CODE 3510–22–S