Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17107 

available, except for transiting purposes 

as described in this notice. This action 

is based on the determination that 95 

percent of the Atlantic herring TAC 

allocated to Area 2 for 2009 is projected 

to be harvested by April 14, 2009. 

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 2. 

DATES: Effective 0001 hrs local time, 

April 15, 2009, through January 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Aja 

Peters-Mason, Fishery Management 

Specialist, (978) 281–9195. 

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 2009 TAC 

allocated to Area 2 (72 FR 17807, April 

10, 2007) is 30,000 mt. The initial TAC 

included a Research Set Aside of 900 mt 

that was restored to the fishery when it 

was not allocated for research (73 FR 

74631, December 9, 2008). 

The regulations at § 648.201 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 (FMP) 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 of 

this determination. Effective upon a 

specific date, NMFS must notify vessel 

and dealer permit holders that vessels 

are prohibited from fishing for, catching, 

possessing, transferring, or landing 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. 

Transiting of Area 2 with more than 

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

is allowed under the conditions 

specified below. 

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 2 for the 2009 fishing 

year is projected to be harvested. 

Therefore, effective 0001 hrs local time, 

April 15, 2009, 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 2 per trip or calendar day through 

January 1, 2010. Vessels transiting Area 

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

herring on board may land this amount 

provided such herring was not caught in 

Area 2 and provided all fishing gear is 

stowed and not available for immediate 

use as required by § 648.23(b). Effective 

April 15, 2009, 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 

2 through 2400 hrs local time, January 

1, 2010. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action closes the Atlantic herring fishery 

for Management Area 2 until January 1, 

2010, under current regulations. The 

regulations at § 648.201(a) require such 

action to ensure that Atlantic herring 

vessels do not exceed the 2009 TAC. 

The Atlantic herring fishery opened for 

the 2009 fishing year at 0001 hours on 

January 1, 2009. Data indicating the 

Atlantic herring fleet will have landed 

at least 95 percent of the 2009 TAC have 

only recently become available. 

If implementation of this closure is 

delayed to solicit prior public comment, 

the quota for this fishing year will be 

exceeded, thereby undermining the 

conservation objectives of the FMP. The 

AA further finds, pursuant to 5 U.S.C 

553(d)(3), good cause to waive the thirty 

(30) day delayed effectiveness period for 

the reasons stated above. 

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

Dated: April 8, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–8496 Filed 4–9–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 090123054–9591–02 ] 

RIN 0648–XM12 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; 2009 Georges Bank Cod Fixed 

Gear 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 Fixed Gear 

Sector (Fixed Gear Sector) Fishing Year 

(FY) 2009 Operations Plan and 

Agreement, approved by the 

Administrator, Northeast (NE) Region, 

NMFS (Regional Administrator), and 

allocates a hard total allowable catch 

(TAC) of GB cod to the Fixed Gear 

Sector. Framework Adjustment 42 (FW 

42) to the NE Multispecies Fishery 

Management Plan (FMP) authorized 

allocation of up to 20 percent of the 

annual GB cod TAC to the Fixed Gear 

Sector. Pursuant to that authorization, 

the Fixed Gear Sector submitted an 

Operations Plan and Sector Contract, 

entitled ‘‘Georges Bank Cod Fixed Gear 

Sector Fishing Year 2009–2010 

Operations Plan and Agreement’’ 

(together referred to as the Sector 

Agreement), and an Environmental 

Assessment (EA), and requested an 

allocation of GB cod, consistent with the 

FMP. This action results in 

authorization of the Sector Operations 

Plan for FY 2009 and allocation of 503.8 

mt of GB cod to the Fixed Gear Sector. 

DATES: Effective May 1, 2009, through 

April 30, 2010. 

ADDRESSES: Copies of the Sector 

Agreement, EA, and the Final 

Regulatory Flexibility Analysis (FRFA) 

are available from the Northeast 

Regional Office: Patricia A. Kurkul, 

Regional Administrator, National 

Marine Fisheries Service, 55 Great 

Republic Drive, Gloucester, MA 01930. 

These documents are also accessible via 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Vasquez, Fishery Management 

Specialist, phone (978) 281–9166, fax 

17108 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

(978) 281–9135, e-mail 

Melissa.Vasquez@NOAA.gov. 

SUPPLEMENTARY INFORMATION: A 

proposed rule soliciting public 

comment on the Sector Agreement for 

the Fixed Gear Sector was published in 

the Federal Register on February 12, 

2009, (74 FR 7029) with public 

comment accepted through February 27, 

2009. The Regional Administrator 

approved the FY 2009 Sector Operations 

Plan, after review of the public 

comments, and based on a 

determination that the Operations Plan 

and Agreement are consistent with the 

goals of the FMP and applicable law and 

are 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 

Fixed Gear Sector, the process of review 

and approval of sectors, and facts 

regarding the Fixed Gear Sector’s 

submission of the FY 2009 Sector 

Agreement are contained in the 

proposed rule. An EA entitled ‘‘Georges 

Bank Cod Fixed Gear Sector: An 

Environmental Assessment,’’ which 

analyzes the impacts of the proposed 

Fixed Gear Sector operations, was also 

prepared and is available to the public 

(see ADDRESSES). 

On January 16, 2009, NMFS 

published a proposed interim action (74 

FR 2959) that proposed measures 

intended to reduce overfishing on 

certain groundfish stocks. The proposed 

rule soliciting public comment on the 

Sector Agreement for the Fixed Gear 

Sector referenced three proposed 

interim measures that would impact 

operations of the Fixed Gear Sector: A 

3,506–mt overall U.S. GB cod TAC; an 

expanded Gulf of Maine (GOM) 

differential Day-at-Sea (DAS) counting 

area that overlaps the GB Cod Hook 

Sector Area (Hook Sector Area); and 

elimination of the current prohibition 

on leasing DAS between sector vessels 

and non-sector vessels. On April 13, 

2009, NMFS published a temporary 

final rule that differs from the proposed 

interim rule. This final rule approving 

the Fixed Gear Sector’s FY 2009 Sector 

Operations Plan incorporates the 

changes implemented by the temporary 

final rule. 

The Fixed Gear Sector was authorized 

to fish in FYs 2006, 2007, and 2008, 

and, based upon the GB cod landings 

history of its members, was allocated 

<1.0, 10.7, and 14.0 percent, 

respectively, of the annual GB cod 

TACs. 

The 2009 Fixed Gear Sector 

Agreement contains the same elements 

and exemptions as the 2008 Fixed Gear 

Sector Agreement and Operations Plan. 

The Fixed Gear Sector Agreement will 

be overseen by a Board of Directors and 

a Sector Manager. The Fixed Gear 

Sector’s GB cod TAC is based upon the 

number of Fixed Gear Sector members 

and their qualifying historical landings 

of GB cod. The GB cod TAC is a ‘‘hard’’ 

TAC, meaning that, once the TAC is 

caught, Fixed Gear 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 in the following year will be 

reduced by an amount equivalent to the 

overharvest. 

The FY 2009 Sector Agreement 

contains exemptions from the following 

restrictions of the FMP: The GB cod trip 

limit; the GOM, GB, and Southern New 

England (SNE) limits on the number of 

hooks fished; and the GB Seasonal 

Closure Area when using hook gear. 

Justification for the proposed 

exemptions and analysis of the potential 

impacts of the Operations Plan are 

contained in the EA. 

A total of 23 Fixed Gear Sector 

members signed the FY 2009 Fixed Gear 

Sector Contract. The GB cod TAC 

calculation is based upon the historical 

cod landings of the participating Fixed 

Gear Sector vessels, regardless of gear 

used. The allocation percentage is 

calculated by dividing the sum of total 

landings of GB cod landed by Fixed 

Gear 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. Based upon the 

qualifying landings histories of the 

Fixed Gear Sector members, the Fixed 

Gear Sector’s share of the overall U.S. 

portion of the GB cod TAC is 11.64 

percent, or 1,110,689 lb (503.8 mt) 

(11.64 percent times the fishery-wide 

U.S. portion of the GB cod target TAC 

of 9,541,607 lb (4,328 mt)). This is a 

larger TAC than the 408–mt TAC 

contained in the proposed rule for this 

action because the temporary final rule 

implements a 4,328–mt U.S. share of the 

GB cod target TAC rather than the 

3,506–mt target TAC previously 

proposed. 

The Sector Contract contains 

procedures for the enforcement of the 

Operations Plan, a schedule of 

penalties, and provides the authority to 

the Fixed Gear Sector Manager to issue 

stop fishing orders to members of the 

Fixed Gear Sector. Participating vessels 

are required to land fish only in 

designated landing ports and are 

required to provide the Fixed Gear 

Sector Manager with a copy of the 

Vessel Trip Report (VTR) within 48 hr 

of offloading. Dealers purchasing fish 

from participating vessels are required 

to provide the Fixed Gear Sector 

Manager with a copy of the dealer report 

on a weekly basis. On a monthly basis, 

the Fixed Gear Sector Manager must 

transmit to NMFS aggregate catch data 

from dealer slips and aggregate discard 

data from the VTRs. After 90 percent of 

the Fixed Gear Sector’s allocation has 

been harvested, the Fixed Gear Sector 

Manager is required to provide NMFS 

with aggregate reports on a weekly 

basis. A total of 1/12 of the Fixed Gear 

Sector’s GB cod TAC, minus a reserve, 

is 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. The harvest 

rules do not preclude a vessel 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 required to fish under the NE 

multispecies DAS program regulations 

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, landed and counted against 

the Fixed Gear Sector’s aggregate 

allocation. Participating vessels may not 

fish with or have on board gear other 

than jigs, non-automated demersal 

longline, handgear, or sink gillnets. 

Participating Fixed Gear Sector vessels 

fishing with hook gear may use an 

unlimited number of hooks in the Sector 

Area, as defined under § 648.87, and are 

exempt from the GB Seasonal Closure 

Area during May. 

Comments and Responses 

Seven comments were received that 

addressed this action. Four comments 

were from commercial fishing industry 

groups, one from an environmental 

organization, one from the New England 

Fishery Management Council (Council), 

and one from an individual. Six of the 

commenters supported approval of the 

operations plan and no commenters 

opposed it. 

Comment 1: The Fixed Gear Sector, 

GB Cod Hook Sector (Hook Sector), and 

Cape Cod Commercial Hook 

Fishermen’s Association (CCCHFA) 

each commented that the FY 2009 GB 

cod TAC reduction proposed in the 

Secretarial interim action will likely 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17109 

result in an early end to the fishing year 

for the Fixed Gear Sector. All three 

recommended allowing the existing 

sectors to transfer or lease cod quota in 

FY 2009 to mitigate the impact of the 

proposed TAC reduction, and suggested 

that the proposed interim reduction in 

DAS and the proposed SNE Closure 

Area would minimize additional 

mortality on associated stocks of 

concern. 

Response: This action allocates a 

larger GB cod TAC to the Fixed Gear 

Sector than was proposed because the 

temporary final rule implements a 

4,328–mt U.S. share of the GB cod target 

TAC rather than the 3,506–mt target 

TAC previously proposed. However, 

this is still a reduction from FY 2008. 

The proposed FY 2009 Operations Plan 

and Agreement did not contain 

provisions for quota transfers or leases 

between existing sectors and, thus, the 

Council and public have not had an 

opportunity to comment on such 

measures. Further, the EA contains no 

analysis of quota transfers or leases. 

Because the public has not had 

opportunity to consider allowing quota 

transfers and leases among the existing 

sectors, nor review an analysis of this 

measure, quota transfers and leases are 

not authorized under this action. 

Comment 2: The GB cod TAC 

proposed for allocation to the Fixed 

Gear Sector was based on the 3,506–mt 

U.S. fishery-wide GB cod target TAC 

published in the proposed interim 

action. In a comment on the proposed 

rule, the Council asserted that the GB 

cod TAC proposed to be allocated to the 

Fixed Gear Sector was incorrectly based 

on the estimated TAC for the entire GB 

cod stock, including the portion of that 

TAC that is caught by Canadian vessels 

in Canadian waters (1,173 mt for 2009). 

The Council stated that the Fixed Gear 

Sector’s GB cod TAC should be based 

on 2,333 mt (3,506 mt — 1,173 mt). 

Response: The 3,506–mt figure was 

correct, and was based on the 4,679–mt 

estimated TAC for the entire GB cod 

stock (4,679 mt - 1,173 mt) that was 

proposed for FY 2009. Accordingly, the 

Fixed Gear Sector TAC was correct as 

proposed. However, this action allocates 

a larger GB cod TAC (503.8 mt) to the 

Fixed Gear Sector than was proposed 

(408 mt) because the temporary final 

rule implements a 4,328–mt U.S. share 

of the GB cod target TAC rather than the 

3,506–mt target TAC previously 

proposed. 

Comment 3: The Hook Sector, Fixed 

Gear Sector, CCCHFA, Environmental 

Defense Fund, Midcoast Fishermen’s 

Association and Island Institute; and 

one individual supported the approval 

of the Fixed Gear Sector’s FY 2009 

Operations Plan and Agreement. These 

comments each stated that the 

operations of the Fixed Gear Sector have 

reduced discards of GB cod, increased 

accountability, and improved 

profitability for members. 

Response: NMFS agrees and has 

approved the FY 2009 Operations Plan 

and Agreement. A Letter of 

Authorization will be issued to each 

member of the Fixed Gear Sector 

exempting them, conditional upon their 

compliance with the Sector Contract, 

from the 3,600–hook limit in the GB 

Regional Management Area (RMA), the 

2,000–hook limit in the GOM and SNE 

RMAs, the GB Seasonal Closure Area 

when using hook gear, and the GB cod 

possession restrictions as specified in 

§§ 648.80, 648.81, and 648.86, 

respectively. 

Classification 

NMFS has determined that this final 

rule is consistent with the FMP, the 

Magnuson-Stevens Fishery 

Conservation and Management Act, and 

other applicable laws. 

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

Assistant Administrator for Fisheries, 

NOAA, (Assistant Administrator) has 

determined that this rule is not subject 

to the 30-day delayed effectiveness 

provision of the Administrative 

Procedure Act because it provides the 

basis for NMFS to grant, effective with 

the start of the fishing year on May 1, 

2009, Fixed Gear Sector members 

exemptions from the following 

regulations implementing the FMP: 

1. GB cod trip limits; 

2. GB Seasonal Closure Area when 

using hook gear; and 

3. GOM, GB, and SNE limit on 

number of hooks fished. 

Because the Fixed Gear Sector will be 

fishing under a hard TAC for GB cod, 

effort controls (i.e., exemptions 1–3 

above) are not necessary to constrain the 

impact of the Fixed Gear Sector on the 

GB cod stock. Should the Fixed Gear 

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). Fixed Gear 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 or sink gillnets only. 

In order for GB cod to be allocated to 

the Fixed Gear Sector and the Fixed 

Gear Sector authorized to fish in FY 

2009, the Fixed Gear Sector must submit 

an Operations Plan and Sector Contract 

to the Regional Administrator for 

approval. The Fixed Gear Sector 

submitted its FY 2009 Operations Plan 

on September 30, 2008, followed by 

signed Sector Contracts on October 1, 

2008, and an EA on November 14, 2008. 

On January 16, 2009, NMFS published 

a proposed interim action that proposed 

measures intended to reduce overfishing 

on certain groundfish stocks, based on 

a new benchmark stock assessment 

completed in August 2008. Three of the 

proposed interim measures would have 

impacted operations of the Fixed Gear 

Sector: A 3,506–mt overall U.S. GB cod 

TAC; an expanded Gulf of Maine 

Differential DAS counting area that 

overlaps the Hook Sector Area; and 

elimination of the current prohibition 

on leasing DAS between sector vessels 

and non-sector vessels. NMFS also 

published a proposed rule soliciting 

comment on the proposed Operations 

Plan of the Fixed Gear Sector on 

February 12, 2009, and specifically 

solicited comment on the interaction of 

the proposed interim action and the 

proposed sector operations. The 

comment period on the proposed sector 

operations plan ended on February 27, 

2009. On April 13, 2009, NMFS 

published a temporary final rule that 

differs from the proposed interim rule. 

The Regional Administrator approved 

the FY 2009 Sector Operations Plan, 

after review of the public comments and 

a determination that the Operations 

Plan and Agreement are consistent with 

the goals of the FMP and applicable law, 

and are in compliance with the 

regulations governing the development 

and operation of a sector as specified 

under § 648.87. 

Implementation of the Sector 

Operations Plan is meant to mitigate 

adverse economic impacts that resulted 

from Amendment 13 and FW 42 to the 

FMP by granting exemptions to the 

Fixed Gear Sector. Establishing an 

effective date 30 days after the 

publication of this final rule would 

prevent the Fixed Gear Sector from 

commencing sector operations with the 

start of the fishing year on May 1, 2009. 

Delaying the implementation beyond 

May 1, 2009, would result in an 

unnecessary economic loss to the 

members of the Fixed Gear Sector 

because vessels would be prevented 

from fishing in a month when 15 

percent of the annual GB cod landings 

historically occur, and when the price 

for GB cod is highest. During the month 

of May, landings of cod by hook gear are 

at their highest, and the Fixed Gear 

Sector is exempt from both hook limits 

17110 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

and a seasonal closure of a large portion 

of its historic fishing area while using 

hook gear. Further, vessels participating 

in the Fixed Gear Sector in FY 2008 are 

currently operating under the 

exemptions above. Delaying 

implementation beyond May 1, 2009, 

would create a gap in the annual 

exemptions for this sector, forcing these 

vessels to remove gear currently in the 

water at a high expense. 

This final rule is exempt from the 

procedures of Executive Order (E.O.) 

12866 because this action contains no 

implementing regulations. This final 

rule does not contain policies with 

federalism or ‘‘takings’’ implications as 

those terms are defined in E.O. 13132 

and E.O. 12630, respectively. There are 

no Federal rules that duplicate, overlap, 

or conflict with this final rule. 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act (RFA), 

prepared this FRFA in support of the 

2009 GB Cod Fixed Gear Sector 

Operations Plan and allocation of GB 

cod TAC. The FRFA incorporates the 

economic impacts identified in the 

Initial Regulatory Flexibility Analysis 

(IRFA), which was summarized in the 

preamble of the proposed rule and the 

corresponding analysis in the EA 

prepared for this action. A description 

of why this action was considered, 

along with the objectives of, and the 

legal basis for, this rule are contained in 

the preamble to this rule, as well as in 

sections 1.0, 2.0, and 3.0 of the EA 

prepared for this action, which are 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. 

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. All 

permitted and participating vessels in 

the groundfish fishery, including 

prospective Fixed Gear Sector members, 

are considered to be small entities 

because gross sales by any one entity 

(vessel) do not exceed this threshold, 

and, therefore there is no 

disproportionate impact between large 

and small entities. 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 and 

participating vessels in the groundfish 

fishery, including prospective Fixed 

Gear Sector members, are considered to 

be small entities because gross sales by 

any one entity (vessel) do not exceed 

this threshold. The number of 

prospective participants in the Fixed 

Gear Sector is 23, substantially less than 

the total number of active vessels in the 

groundfish fishery. Only these 23 

vessels would be subject to the 

regulatory exemptions and operational 

restrictions proposed for the Fixed Gear 

Sector for FY 2009. 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Proposed Action 

This rule contains no collection-ofinformation requirement subject to the 

Paperwork Reduction Act. 

Description of Steps the Agency Has 

Taken to Minimize the Economic 

Impact on Small Entities Consistent 

With the Stated Objectives of Applicable 

Statutes 

This action allocates a GB cod TAC of 

503.8 mt to the Fixed Gear Sector. Once 

the GB cod TAC is harvested, 

participating vessels will not be allowed 

to fish under a NE multispecies DAS, 

possess or land GB cod, or other 

regulated species managed under the NE 

multispecies FMP, or use gear capable 

of catching groundfish (unless fishing 

under recreational or charter/party 

regulations). Vessel owners intending to 

fish in the Fixed Gear Sector during FY 

2009 may only fish with hook gear or 

sink gillnets. Under the proposed 

Operations Plan, members will be 

exempt from several restrictions of the 

FMP described in the preamble to this 

rule and in the EA. 

The Fixed Gear Sector fishermen and 

the Chatham, MA, and Harwichport, 

MA, communities are dependent upon 

GB cod and other groundfish. The 

Amendment 13 restrictions that reduced 

the GB cod trip limit had a 

disproportionate affect on these 

fishermen and communities. According 

to Amendment 13, Chatham’s overall 

community dependence on NE 

multispecies as a percentage of total 

fisheries revenues from federally 

permitted vessels averaged about 71 

percent, and it was likely that at least 

some of the active groundfish vessels in 

Chatham and Harwichport were even 

more than 71–percent dependent on the 

NE multispecies fishery. 

Cod, skate wings, and monkfish 

comprised the largest proportion of 

Fixed Gear Sector landings (40.70 

percent, 23.62 percent, and 9.78 

percent, respectively, in FY 2007). 

During FY 2007, members of the Fixed 

Gear Sector made 632 trips; landed 

721,315 lb (327,183 kg) of cod, 418,679 

lb (189,910 kg) of skate wings, 173,270 

lb (78,594 kg) of whole monkfish, and 

20,209 lb (9,167 kg) of monkfish tails; 

and generated approximately $ 

1,348,859, $ 230,273, $ 344,807, and $ 

62,648 in revenue from those species, 

respectively (assuming dockside prices 

of $ 1.87, $ 0.55, $ 1.99, and $ 3.10 per 

lb ($ 4.11, $ 1.21, $ 4.38 and $ 6.82 per 

kg), respectively). Fixed Gear Sector 

members also landed various other 

species, which increased their revenue. 

In general, the operation of the Fixed 

Gear Sector would continue to mitigate 

the negative economic impacts that 

result from the current suite of 

regulations that apply to the groundfish 

fishery (most recently FW 42). The 

Fixed Gear 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 result in economic 

gains. For example, Fixed Gear 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 able 

to maximize their efficiency (revenue 

per trip) due to the exemption from trip 

limits and limits on the number of 

hooks fished. Two hundred seventythree of the Fixed Gear Sector’s 632 

trips (43 percent) in FY 2007 landed 

more than the daily GB cod trip limit 

(1,000 lb/day; 454 kg/day) in place for 

the common pool vessels (non-sector 

vessels). This resulted in an additional 

349,705 lb (158,624 kg) (46 percent of 

the Fixed Gear Sector’s FY 2007 cod 

landings) being landed, rather than 

discarded. For some vessel owners in 

the Fixed Gear Sector, participation in 

the Fixed Gear Sector enables their 

businesses to remain economically 

viable. 

In contrast, under the No Action 

Alternative, the Fixed Gear Sector 

members would have remained in the 

common pool and fished under the 

regulations implemented in 

Amendment 13 and subsequent actions. 

Because cod usually represents a high 

proportion of total fishing income for 

Cape Cod-based fixed gear vessels, 

revenues for such vessel owners are 

very sensitive to regulations that impact 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17111 

how and when they can fish for cod, 

such as trip limits and restrictions on 

the number of hooks fished. Under the 

common pool rules implemented by FW 

42 (e.g., differential DAS counting) and 

Amendment 13 (restrictive daily trip 

limits for cod), it is likely that Fixed 

Gear Sector vessels would experience 

revenue losses in comparison to the 

proposed action. It is more likely under 

the No Action alternative that 

disruption to the Chatham and 

Harwichport communities would occur. 

A copy of this analysis is available from 

NMFS (see ADDRESSES). 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a letter to Fixed 

Gear Sector members that also serves as 

a small entity compliance guide (the 

guide) was prepared. Copies of this final 

rule are available from the Regional 

Administrator. The guide and this final 

rule will be available upon request. 

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

Dated: April 8, 2009. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. E9–8508 Filed 4–13–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XO63 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Directed Fishing With 

Trawl Gear by American Fisheries Act 

Catcher Processors in Bycatch 

Limitation Zone 1 of the Bering Sea 

and Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing with trawl gear, other than 

pelagic trawl gear for walleye pollock, 

by American Fisheries Act (AFA) trawl 

catcher processors in Bycatch 

Limitation Zone 1 of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the sideboard limit of 

the 2009 bycatch allowance of red king 

crab in Zone 1 specified for AFA trawl 

catcher processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 7, 2009, though 2400 

hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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 sideboard limit of the 2009 

bycatch allowance of red king crab in 

Zone 1 specified for the AFA trawl 

catcher processors in the BSAI is 1,231 

crab as established by the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009). 

In accordance with § 679.64(a)(2) and 

(3), the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the sideboard limit of 

red king crab in Zone 1 specified for the 

AFA catcher processors in the BSAI will 

be caught. Therefore, NMFS is 

prohibiting directed fishing with trawl 

gear in Zone 1, other than pelagic trawl 

gear for walleye pollock, by AFA trawl 

catcher processors in the BSAI. 

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 directed fishing 

with trawl gear, other than pelagic trawl 

gear for walleye pollock, by AFA trawl 

catcher processors in the BSAI. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of April 6, 

2009. 

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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: April 8, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–8510 Filed 4–13–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XO32 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in the West 

Yakutat District of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is reopening directed 

fishing for pollock in the West Yakutat 

District of the Gulf of Alaska (GOA). 

This action is necessary to fully use the 

2009 total allowable catch (TAC) of 

pollock specified for the West Yakutat 

District of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 8, 2009, through 2400 

hrs, A.l.t., December 31, 2009. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 28, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

XO32, by any one of the following 

methods: