Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 26325 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No 070322064–7097–02.; I.D. 

030607E] 

RIN 0648–AV20 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; 2007 Georges Bank Cod Hook 

Sector Operations Plan and Agreement 

and Allocation of Georges Bank Cod 

Total Allowable Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

the Georges Bank (GB) Cod Hook Sector 

Fishing Year (FY) 2007 Operations Plan 

and Agreement, approved by the 

Administrator, Northeast Region, NMFS 

(Regional Administrator). Amendment 

13 to the Northeast (NE) Multispecies 

Fishery Management Plan (FMP) 

(Amendment 13) authorized allocation 

of up to 20 percent of the annual GB cod 

total allowable catch (TAC) to the GB 

Cod Hook Sector (Sector). Pursuant to 

that authorization, the Sector submitted 

an Operations Plan and Sector Contract 

entitled, ‘‘Georges Bank Cod Hook 

Sector Fishing Year 2007–2008 

Operations Plan and Agreement’’

(together referred to as the Sector 

Agreement) and requested an allocation 

of GB cod, consistent with regulations 

implementing Amendment 13. This 

action results in authorization of the 

Sector Operations Plan during the 2007 

fishing year and allocation of 675 mt of 

GB cod to the Sector. 

DATES: Effective May 3, 2007. 

ADDRESSES: Copies of the Sector 

Agreement and the environmental 

assessment (EA) are available from the 

NE Regional Office: Patricia A. Kurkul, 

Regional Administrator, NMFS, 

Northeast Regional Office, 1 Blackburn 

Drive, Gloucester, MA 01930. The Final 

Regulatory Flexibility Analysis (FRFA) 

consists of the Initial Regulatory 

Flexibility Analysis (IRFA), public 

comments and responses, and the 

summary of impacts and alternatives 

contained in the Classification section 

of the preamble of this final rule. A copy 

of the Environmental Assessment (EA)/ 

Regulatory Impact Review (RIR)/FRFA 

is accessible via the Internet at http:// 

www.noaa.gov/nero/regs/com.html. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted in writing to the 

address above or by e-mail to DavidRostker@omb.eop.gov or fax to (202) 

395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Warren, Fishery Policy Analyst, 

phone (978) 281–9347, fax (978) 281–

9135, e-mail 

Thomas.Warren@NOAA.gov. 

SUPPLEMENTARY INFORMATION: A 

proposed rule that solicited public 

comment on the Sector Agreement was 

published in the Federal Register on 

April 16, 2007 (72 FR 18940), and 

public comments were accepted through 

May 1, 2007. The Regional 

Administrator approved the FY 2007 

Sector Operations Plan, based on public 

comment and input from the New 

England Fishery Management Council 

(Council), and based on a determination 

that the Operations Plan and Agreement 

are consistent with the goals of the FMP 

and applicable law and is in compliance 

with the regulations governing the 

development and operation of a sector 

as specified under § 648.87. Details 

pertaining to the principal regulations 

applying to the Sector, the process of 

review and approval of sectors, and 

facts regarding the Sector’s submission 

of the FY 2007 Sector Agreement are 

contained in the proposed rule. A 

supplemental EA entitled ‘‘Approval of 

the Georges Bank Cod Hook Sector 

Operations Plan,’’ which analyzes the 

impacts of the proposed Sector 

Agreement, was also prepared. 

The 2007 Sector Agreement and 

Operations Plan contains the same 

elements as the FY 2006 Sector 

Agreement. The Sector Agreement will 

be overseen by a Board of Directors and 

a Sector Manager. The Sector’s GB cod 

TAC is based upon the number of Sector 

members and their qualifying historic 

landings of GB cod. The GB cod TAC is 

a ‘‘hard’’ TAC, meaning that, once the 

TAC is reached, Sector vessels may not 

fish under a NE Multispecies 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). Should the 

hard TAC be exceeded, the Sector’s 

allocation will be reduced by the 

overharvest in the following year. 

The 2007 Operations Plan includes 

exemptions from the following 

restrictions of the FMP: The Gulf of 

Maine (GOM) and GB cod trip limit; the 

GOM, GB, and Southern New England 

(SNE) limit on the number of hooks 

fished; the GB Seasonal Closure Area; 

the DAS Leasing Program vessel size 

restrictions; differential DAS in the 

GOM Differential DAS Area and in the 

SNE Differential DAS Area (in those 

portions of the differential areas that 

overlap the Sector Area); and the 

Western U.S./Canada Area 72-hr 

observer program notification. In 

addition, the Operations Plan allows 

Sector members to fish in the ‘‘common 

pool,’’ subject to all of the restrictions of 

the FMP, prior to approval of the 

Operations Plan. If Sector members fish 

during FY 2007 under ‘‘common pool’’

rules, prior to fishing in the approved 

Sector, all cod caught will count toward 

the Sectors GB cod TAC. This flexibility 

was requested so that Sector members 

would be able to fish immediately at the 

beginning of the fishing year, and not be 

required to wait until approval of the 

Operations Plan. Justification for the 

other exemptions and analysis of the 

potential impacts of the Operations Plan 

are contained in the EA. 

A total of 25 Sector members signed 

the FY 2007 Sector Contract and will 

participate in the Sector. The proposed 

rule indicated that 35 Sector members 

and a GB cod TAC of 798 mt were 

expected (9.48 percent of the TAC); 

however, after the Operations Plan was 

submitted to NMFS, 10 individuals 

decided not to join the Sector. The GB 

cod TAC calculation is based upon the 

qualifying historic cod landings of the 

participating Sector vessels, regardless 

of gear used. The allocation percentage 

is calculated by dividing the sum of 

total landings of GB cod landed by 

Sector members in FY 1996 through 

2001, by the sum of the total 

accumulated landings of GB cod landed 

by all NE multispecies vessels for the 

same time period (9,084,963 lb (4,121 

mt)/113,278,842 lb (51,382.42 mt)). 

Based upon the qualifying landings 

history of the 25 Sector members, the 

Sector TAC of GB cod is 675 mt (8.02 

percent times the fishery-wide GB cod 

target TAC of 8,416 mt). The fisherywide GB cod target TAC of 8,416 mt is 

less than the total GB cod target TAC 

proposed for FY 2007 (9,822 mt) 

because the 9,822 mt includes Canadian 

catch. 

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 are required to land fish only in 

designated landing ports and are 

required to provide the Sector Manager 

with a copy of the Vessel Trip Report 

(VTR) within 48 hr of offloading. 


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26326 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 

Dealers purchasing fish from 

participating vessels are required to 

provide the Sector Manager with a copy 

of the dealer report on a weekly basis. 

On a monthly basis, the Sector Manager 

must 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 is 

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, will be allocated to 

each month of the fishing year. GB cod 

quota that is not landed during a given 

month will 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 may not fish under 

a NE multispecies DAS, possess or land 

GB cod or other regulated species, or 

use gear capable of catching regulated 

NE multispecies. Once the annual TAC 

of GB cod is reached, Sector members 

may not fish under a NE multispecies 

DAS, possess or land GB cod or other 

regulated species, or use gear capable of 

catching regulated NE multispecies for 

the rest of the fishing year. 

The harvest rules do 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 

are be required to fish under the NE 

multispecies DAS program to account 

for any incidental groundfish species 

that they may catch while fishing for GB 

cod. In addition, participating vessels 

are required to call the Sector Manager 

prior to leaving port. All legal-sized cod 

caught must be retained and landed and 

count against the Sector’s aggregate 

allocation. Participating vessels are not 

allowed to fish with or have on board 

gear other than jigs, non-automated 

demersal longline, or handgear. NE 

multispecies DAS used by participating 

vessels while conducting fishery 

research under an Exempted Fishing 

Permit during FY 2007 will be deducted 

from that Sector member’s individual 

DAS allocation. Similarly, all GB cod 

landed by a participating vessel while 

conducting research will count toward 

the Sector’s allocation of GB cod TAC. 

Participating vessels will be exempt 

from the GB Seasonal Closure Area 

during May. 

A Letter of Authorization will be 

issued to each member of the Sector 

exempting them, conditional upon their 

compliance with the Sector Agreement, 

from the GOM and GB cod possession 

restrictions; the GB Seasonal Closure 

Area; the Western U.S./Canada Area 72- 

hr observer notification requirement; the 

DAS Leasing Program vessel size 

restrictions; differential DAS; the limits 

on the number of hooks requirements; 

and the prohibition on fishing as a 

Sector vessel and ‘‘common-pool’’

vessel during the same fishing year, as 

specified in §§ 648.86(b)(2), 648.81(g), 

648.85(a)(3)(ii)(C), 648.82(k)(4)(ix), 

648.82 (e)(2), 648.80(a)(4)(v), and 

648.87(b)(1)(xii), respectively. 

Comments and Responses 

One comment on the Operations Plan 

was received. 

Comment: The commenter did not 

support the allowance of any 

exemptions in order to conserve the fish 

stocks. 

Response: The EA concludes that the 

approval of the Operations Plan would 

result in positive environmental 

impacts. The authorized exemptions are 

contingent upon compliance with the 

Operations Plan, including the GB cod 

hard TAC. NMFS’s approval of the 

exemptions is consistent with the FMP 

and the Magnuson-Stevens Fishery 

Conservation and Management Act. 

This will not have a negative impact on 

fish stocks. 

Classification 

NMFS has determined that this final 

rule is consistent with the FMP, the 

Magnuson-Stevens Act, and other 

applicable laws. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order (E.O.) 12866. 

Pursuant to 5 U.S.C. 553(d)(1), the 

Assistant Administrator for Fisheries, 

NOAA, (AA) finds justification to waive 

the delay in effectiveness of this action, 

because it provides the basis for NMFS 

to immediately grant the following 

exemptions from the regulations 

implementing the FMP for sector 

members, while the regulations shall 

remain applicable to non-members: 

1. GOM and GB cod trip limit; 

2. GB Seasonal Closure; 

3. GOM, GB, and SNE limit on 

number of hooks fished; 

4. DAS Leasing Program vessel size 

restriction; 

5. Differential DAS (in the GOM 

Differential DAS Area and the SNE 

Differential DAS Area); and 

6. The Western U.S./Canada 

Management Area 72-hr observer 

program notification. 

Because the Sector will be fishing 

under a hard TAC for GB cod, effort 

controls (i.e., exemptions 1–5 above) are 

not necessary to constrain the impact of 

the Sector on the GB cod stock. Should 

the Sector’s allocated GB cod TAC be 

harvested, participating vessels would 

no longer be allowed to fish under a NE 

multispecies DAS, possess or land GB 

cod or other regulated species managed 

under the FMP, or use gear capable of 

catching groundfish (unless fishing 

under recreational or charter/party 

regulations). Sector members will be 

required to fish under their current NE 

multispecies DAS allocation to account 

for any other regulated NE multispecies 

that they may catch while fishing for GB 

cod and are restricted to using hook gear 

only. Because hook gear has nearly zero 

interaction with GB yellowtail flounder, 

Sector vessels are exempt from the 

requirement to call the observer 

program 72 hours in advance of starting 

a NE multispecies DAS when fishing in 

the Western U.S./Canada Area (number 

6 above), since this requirement is 

primarily concerned with monitoring 

catch of GB yellowtail flounder. 

This final rule does not contain 

policies with federalism or ‘‘takings’’

implications as those terms are defined 

in Executive Order (E.O.) 13132 and 

E.O. 12630, respectively. 

A FRFA was prepared as required by 

section 603 of the Regulatory Flexibility 

Act (RFA). A summary of the IRFA was 

published in the proposed rule for this 

action and is not repeated here. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained in the preamble to 

the proposed rule and in the EA 

prepared for this action, and is not 

repeated here. 

Summary of the Issues Raised by 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 From the 

Proposed Rule as a Result of Such 

Comments 

No public comments pertaining to the 

IRFA or the economic effects of this 

action were received, nor any changes 

made to the action as described by the 

proposed rule. 

Description of and Estimate of the 

Number of Small Entities To Which the 

Proposed Rule Would Apply 

The Small Business Administration 

size standard for small commercial 

fishing entities is $4 million in average 

annual receipts, and the size standard 

for small charter/party operators is $6.5 

million in average annual receipts. 

While an entity may own multiple 

vessels, available data make it difficult 

to determine which vessels may be 

controlled by a single entity. For this 

reason, each vessel is treated as a single 

entity for purposes of size determination 

and impact assessment. All permitted 


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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 26327 

and participating vessels in the 

groundfish fishery, including 

prospective Hook Gear Sector members, 

are considered to be small entities 

according to this standard and, 

therefore, there is no differential impact 

between large and small entities. The 

number of participants in the Sector is 

25, substantially less than the total 

number of active vessels in the 

groundfish fishery. Only these 25 

vessels would be subject to the 

regulatory exemptions and operational 

restrictions proposed for the Sector for 

FY 2007. 

Description of Steps the Agency Has 

Taken To Minimize the Economic 

Impact on Small Entities Consistent 

With the Stated Objectives of Applicable 

Statutes 

Approval of the FY 2007 Sector 

Operations Plan results in an allocation 

of 675 mt of GB cod to the GB Cod Hook 

Sector, and the minimization of 

economic impacts on the Sector. Once 

the GB cod TAC is harvested, 

participating vessels are not be allowed 

to fish under a NE Multispecies DAS, 

possess or land GB cod, or other 

regulated species managed under the 

FMP, or use gear capable of catching 

groundfish (unless fishing under 

recreational or party/charter 

regulations). Vessels intending to fish in 

the Sector during FY 2007 may fish 

prior to approval of the Sector 

Operations Plan, provided they comply 

with all requirements of the FMP, and 

report any cod caught to the Sector 

Manager. Sector vessels may only fish 

with jigs, non-automated demersel 

longline, or handgear. Under the 

Operations Plan, members are exempt 

from several restrictions of the FMP 

described in the preamble of the 

proposed rule, this final rule, and in the 

EA. 

The reasons for approving the 2007 

Sector Operations as proposed are as 

follows: Operation of the Sector would 

positively impact the members of the 

Sector (25 vessels or less) that have 

voluntarily joined the Sector, who are 

relatively dependent upon groundfish 

revenue compared to other participants 

in the groundfish fishery. Sector 

operations will indirectly benefit the 

communities of Chatham and 

Harwichport, MA, and to a lesser extent, 

other Cape Cod communities involved 

in the groundfish fishery. During FY 

2005, members of the Sector landed 

275,743 lb (125,054 kg) of cod and 

1,114,401 lb (505,397 kg) of haddock, 

generating approximately $402,000, and 

$1,314,000 in revenue, respectively 

(assuming a dock-side price of $1.46 

and $1.18 per lb, respectively). Sector 

members also landed various other 

species, which contributed slightly 

more to their revenue. In general, the 

operation of the Sector will continue to 

mitigate the negative economic impacts 

that result from the current suite of 

regulations that apply to the groundfish 

fishery (most recently, Framework 

Adjustment 42; 71 FR 62156; October 

23, 2006). The Sector, by fishing under 

rules that are designed to meet their 

needs (as well as the conservation 

requirements of the FMP), is afforded a 

larger degree of flexibility and 

efficiency, which is expected to result in 

economic gains. For example, Sector 

members are able to plan their fishing 

activity and income in advance with 

more certainty due to the fact that there 

is a cod TAC, which is apportioned to 

each month of the year. They are also 

able to maximize their efficiency 

(revenue per trip) due to the Sector’s 

exemption from trip limits and hook 

numbers. For some vessel owners in the 

Sector, participation in the Sector 

enables their businesses to remain 

economically viable. For the above 

reasons, approval of the 2007 Sector 

Operations minimizes the impact on 

small entities. 

In contrast, under the No Action 

alternative, all Sector members would 

have remained in the common pool of 

vessels and fished under all the rules 

implemented by Amendment 13 and 

subsequent Framework Adjustments. 

Under the regulatory scenario of the No 

Action alternative, relative to the 

preferred alternative, Sector members 

would likely have faced increased 

economic uncertainty, loss of efficiency, 

and loss of revenue. Because cod 

usually represents a high proportion of 

total fishing income for hook gear 

vessels, revenues for Sector members 

are sensitive to regulations that impact 

how and when they can fish for cod, 

such as trip limits and hook gear 

restrictions. Sector members would 

have beeen unnecessarily impacted by 

regulations designed to affect the catch 

of species of which hook gear catches 

very little (e.g., yellowtail flounder, 

because hook gear is more selective than 

other gear types). For example, under 

the No Action alternative, Sector 

members would have been affected by 

the differential DAS counting 

requirement, one of the objectives of 

which is to protect yellowtail flounder. 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Proposed Action 

This final rule contains a collectionof-information requirement subject to 

the Paperwork Reduction Act (PRA) and 

which has been approved by the Office 

of Management and Budget (OMB) 

under control number 0648–0202. 

Public reporting burden for the 

Submission of a Plan of Operation for an 

Approved Sector Allocation is estimated 

to average 50 hr per response, and for 

the Annual Reporting Requirements for 

Sectors is estimated to average 6 hr per 

response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Send comments 

regarding this burden estimate, or any 

other aspect of this data collection, 

including suggestions for reducing the 

burden, to NMFS (see ADDRESSES) and 

by e-mail to 

David_Rostker@omb.eop.gov, or fax to 

(202) 395–7285. Nothwithstanding any 

other provision of the law, no person is 

required to respond to, nor shall any 

person be subject to a penalty for failure 

to comply with, a collection of 

information subject to the requirements 

of the PRA, unless that collection of 

information displays a currently valid 

OMB Control Number. 

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

Dated: May 3, 2007. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–2281 Filed 5–3–07; 5:04 pm] 

BILLING CODE 3510–22–P 


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