17102 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

§ 195.3 Incorporation by reference. 

* * * * * 

(c) * * * 

* * * * * * * 

B. American Petroleum Institute (API): (1) ANSI/API Specification 5L/ 

ISO 3183 ‘‘Specification for Line Pipe’’ (43rd edition and errata, 

2004; and 44th edition, 2007).

§§ 195.106(b)(1)(i); 195.106(e). 

* * * * * * * 

(10) API 1104 ‘‘Welding of Pipelines and Related Facilities’’ (19th edition 1999, including errata October 31, 2001; and 20th edition 2007, 

including errata 2008).

§§ 195.222; 195.228(b); 195.214(a). 

* * * * * * * 

Issued in Washington, DC, on April 6, 2009 

under the authority delegated in part 1. 

Cynthia Douglass, 

Acting Deputy Administrator. 

[FR Doc. E9–8376 Filed 4–13–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 060525140–6221–02] 

RIN 0648–XO46 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Resources of the South 

Atlantic; Trip Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit for golden tilefish 

in the South Atlantic to 300 lb (136 kg) 

per trip in or from the exclusive 

economic zone (EEZ). This trip limit 

reduction is necessary to protect the 

South Atlantic golden tilefish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, April 21, 2009, through 

December 31, 2009, unless changed by 

further notification in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management 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. 

Under 50 CFR 622.44(c)(2)(ii), NMFS 

is required to reduce the trip limit in the 

commercial fishery for golden tilefish 

from 4,000 lb (1,814 kg) to 300 lb (136 

kg) per trip when 75 percent of the 

fishing year quota is met, by filing a 

notification to that effect in the Federal 

Register. Based on current statistics, 

NMFS has determined that 75 percent of 

the available commercial quota of 

295,000 lb (133,810 kg), gutted weight, 

for golden tilefish will be reached on or 

before April 10, 2009. To provide the 

commercial fishery participants 

adequate advance notice of the trip limit 

reduction, NMFS is reducing the 

commercial golden tilefish trip limit to 

300 lb (136 kg) in the South Atlantic 

EEZ from 12:01 a.m., local time, April 

21, 2009, until the quota is reached and 

the fishery closes or through December 

31, 2009, whichever occurs first. 

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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

reduction. Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to implement this action in 

a timely manner to protect the fishery 

because the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established quota. 

For the aforementioned reasons, the 

AA also finds good cause to provide less 

than the 30-day delay in the 

effectiveness of this action under 5 

U.S.C. 553(d)(3). However, to provide 

reasonable notice of the trip limit 

reduction to the commercial fishery 

participants and allow them to adjust 

fishing practices accordingly, NMFS is 

providing a 7-day delay in the 

effectiveness of this trip limit reduction. 

This action is taken under 50 CFR 

622.43(a) 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. E9–8530 Filed 4–13–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.090122047–9252–02] 

RIN 0648–XM11 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; 2009 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 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17103 

(Hook 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 Hook Sector. Amendment 13 to the 

Northeast (NE) Multispecies Fishery 

Management Plan (FMP) implemented 

the Hook Sector and authorized annual 

allocation of up to 20 percent of the GB 

cod TAC to the Hook Sector. Pursuant 

to that authorization, the Hook Sector 

submitted an Operations Plan and 

Sector Contract entitled, ‘‘Georges Bank 

Cod Hook 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 350.1 

mt of GB cod to the Hook 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: 

Mark Grant, Sector Policy Analyst, 

phone (978) 281–9145, fax (978) 281– 

9135, e-mail Mark.Grant@NOAA.gov. 

SUPPLEMENTARY INFORMATION: A 

proposed rule soliciting public 

comment on the Sector Agreement and 

EA for the Hook Sector was published 

in the Federal Register on February 10, 

2009 (74 FR 6564), with public 

comment accepted through February 25, 

2009. The Regional Administrator 

approved the FY 2009 Sector Operations 

Plan, after considering public 

comments, and based on a 

determination that the Sector 

Agreement is 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 

Hook Sector, the process of review and 

approval of sectors, and facts regarding 

the Hook Sector’s submission of the FY 

2009 Sector Agreement are contained in 

the proposed rule. An EA entitled 

‘‘Georges Bank Cod Hook Sector: An 

Environmental Assessment,’’ which 

analyzes the impacts of the proposed 

Hook Sector operations, was also 

prepared. 

On January 16, 2009, NMFS proposed 

a temporary Secretarial interim action 

(74 FR 2959) that would implement 

measures intended to reduce overfishing 

on several groundfish stocks. The 

proposed rule soliciting public 

comment on the Sector Agreement for 

the Hook Sector referenced three 

proposed interim measures that would 

impact operations of the Hook 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 Hook Sector’s FY 2009 Sector 

Operations Plan incorporates the 

changes implemented by the temporary 

final rule. 

The Hook Sector was authorized to 

fish in FYs 2004, 2005, 2006, 2007, and 

2008, and, based upon the GB cod 

landings history of its members, was 

allocated 12.60, 11.70, 10.03, 8.02, and 

6.44 percent, respectively, of the annual 

GB cod TAC. 

The 2009 Sector Agreement contains 

the same elements and exemptions as 

the 2008 Sector Agreement. The Hook 

Sector Agreement will be overseen by a 

Board of Directors and a Sector 

Manager. The Hook Sector’s GB cod 

TAC is based upon the Hook Sector 

members’ qualifying historical landings 

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

TAC, meaning that, once the TAC is 

caught, Hook 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 Hook 

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; the GB Seasonal Closure 

Area; the DAS Leasing Program vessel 

size restrictions; differential DAS 

counting within the Hook Sector Area; 

and the Western U.S./Canada Area 72– 

hr observer program notification. 

Justification for the proposed 

exemptions and analysis of the potential 

impacts of the Operations Plan, with the 

exception of the exemption from 

differential DAS discussed below, are 

contained in the EA. 

A total of 24 Hook Sector members 

signed the FY 2009 Hook Sector 

Contract. The GB cod TAC calculation 

is based upon the historical cod 

landings of the participating Hook 

Sector vessels. The allocation 

percentage is calculated by dividing the 

sum of total landings of GB cod landed 

by Hook 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 

Hook Sector members, the Hook Sector’s 

share of the overall U.S. portion of the 

GB cod TAC is 8.09 percent, or 771,838 

lb (350.1 mt) (8.09 percent times the 

2009 fishery-wide GB cod target TAC of 

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

TAC than the 284–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 Hook Sector Manager to issue stop 

fishing orders to members of the Hook 

Sector. Participating vessels are required 

to land fish only in designated landing 

ports and are required to provide the 

Hook 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 Hook Sector Manager 

with a copy of the dealer report on a 

weekly basis. On a monthly basis, the 

Hook Sector Manager must transmit to 

NMFS aggregate catch data from dealer 

slips and aggregate discard data from 

the VTRs. After 90 percent of the Hook 

Sector’s allocation has been harvested, 

the Hook Sector Manager is required to 

provide NMFS with aggregate reports on 

a weekly basis. A total of 1/12 of the 

Hook 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. 

Participating vessels will not be 

allowed to fish with or have on board 

gear other than jigs, non-automated 

17104 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

demersal longline gear, or handgear. 

Participating Hook Sector vessels may 

use an unlimited number of hooks in 

the Hook Sector Area and are exempt 

from the GB Seasonal Closure Area. 

Participating vessels are required to 

call the Sector Manager prior to leaving 

port on a fishing trip. All legal-sized cod 

caught must be retained, landed and 

counted against the Hook Sector’s GB 

cod TAC. 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 have a 

1,000–lb (454–kg) trip limit for white 

hake (consistent with current 

regulations); a 2,000–lb (907–kg) trip 

limit for GB winter flounder (more 

restrictive than current regulations); and 

a 100–lb (45–kg) trip limit for all 

yellowtail flounder (more restrictive 

than current regulations). All of these 

exemptions were approved for FY 2006 

and FY 2007 because the Hook Sector’s 

operations plans for those years were 

determined to be conservation 

equivalent to differential DAS counting 

for meeting the mortality reduction and 

stock rebuilding goals of both the 2006 

Secretarial Action and Framework 

Adjustment 42. 

An expanded GOM differential DAS 

counting area (i.e., the Interim 

Differential DAS Area) was proposed in 

the Secretarial interim action and NMFS 

specifically solicited public comment 

on exempting the Hook Sector. The 

temporary final rule does not implement 

the proposed Interim Differential DAS 

Area and instead maintains the existing 

differential DAS counting area in the 

GOM, as established in the FMP. 

However, the existing SNE Differential 

DAS Area is replaced by the Interim 

SNE Differential DAS Area which 

overlaps the Hook Sector Area. NE 

multispecies vessels declared into and 

fishing in the Interim SNE Differential 

DAS Area using hook gear are exempt 

from the differential DAS counting rate. 

NMFS is granting the Hook Sector an 

exemption from differential DAS 

counting in the Hook Sector Area 

consistent with the universal exemption 

from the differential DAS counting rate 

for all vessels using hook gear in the 

Interim SNE Differential DAS Area and 

a determination that the Hook Sector’s 

operations plan is conservation 

equivalent to the GOM differential DAS 

counting. The determination of 

conservation equivalency is based upon 

landings data from recent years which 

demonstrate that the Hook Sector has 

very low impact on the stocks of 

concern addressed by the GOM 

Differential DAS Area and restrictive 

trip limits for yellowtail flounder, GB 

winter flounder, and white hake 

included in the Hook Sector’s Sector 

Agreement. 

Comments and Responses 

Eight comments were received that 

addressed this action. Five 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 specifically supported 

approval of the operations plan. Two of 

the commenters commented only on 

specific exemption requests. 

Comment 1: One industry group, 

Associated Fisheries of Maine, opposed 

granting the Hook Sector an exemption 

from differential DAS counting based 

upon the lack of measures in the Hook 

Sector’s Operation Plan directly 

addressing conservation equivalency of 

the Operations Plan with the proposed 

Interim Differential DAS Area. However, 

three industry groups and one 

individual specifically supported 

exempting the Hook Sector from 

differential DAS counting. The Cape 

Cod Commercial Hook Fishermen’s 

Association (CCCHFA) submitted a 

comment including a justification for 

exempting the Hook Sector from the 

proposed differential DAS counting area 

based on the very limited interaction of 

hook gear with yellowtail, witch, 

winter, and windowpane flounders, and 

the minimal catch of halibut and 

pollock by the Hook Sector. 

Response: The temporary final rule 

does not implement the proposed 

Interim Differential DAS Area and 

instead maintains the existing 

differential DAS counting area in the 

GOM. NMFS is granting the Hook Sector 

an exemption from differential DAS 

counting in the Hook Sector Area 

consistent with the universal exemption 

from the differential DAS counting rate 

for all vessels using hook gear in the 

Interim SNE Differential DAS Area and 

a determination that the Hook Sector’s 

operations plan is conservation 

equivalent to the GOM differential DAS 

counting, as discussed above. 

Comment 2: The Council opposed 

granting the Hook Sector an exemption 

from the DAS Leasing Program size 

restrictions if it was interpreted to apply 

to the leasing of DAS from small sector 

boats to large non-sector boats because 

this would be inconsistent with the 

intent of the DAS Leasing Program as 

adopted in Amendment 13. Two 

industry groups and one individual 

supported granting the Hook Sector an 

exemption from the DAS Leasing 

Program size restrictions. Comments 

submitted by the CCCHFA and the Hook 

Sector expressed their support, with the 

understanding that leases between 

sector and non-sector vessels would not 

be exempt from the DAS Leasing 

Program size restrictions. One 

individual also supported granting the 

exemption from the DAS Leasing 

Program size restrictions. 

Response: The exemption from the 

size restrictions of the DAS Leasing 

Program for leases between Hook Sector 

vessels is granted because vessel size is 

not the limiting factor in determining 

the number of hooks that can be fished 

by a vessel, and therefore, the 

exemption will not result in an increase 

in effort within the sector. The 

Secretarial interim action did not grant 

an exemption from the DAS Leasing 

Program size restrictions for DAS leases 

between sector and non-sector vessels 

and such an exemption is not granted by 

this action. 

Comment 3: The GB cod TAC 

proposed for allocation to the Hook 

Sector was based on the 3,506–mt U.S. 

fishery-wide GB cod target TAC 

published in the proposed interim rule. 

The Council asserted that the GB cod 

TAC being allocated to the Hook 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 Hook 

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 is 

proposed for FY 2009. Accordingly, the 

Hook Sector TAC was correct as 

proposed. However, this action allocates 

a larger GB cod TAC (350.1 mt) to the 

Hook Sector than was proposed (284 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. 

A Letter of Authorization will be 

issued to each member of the Hook 

Sector exempting them, conditional 

upon their compliance with the Sector 

Agreement, from the limits on the 

number of hooks that may be fished in 

the GOM, GB, and SNE regulated mesh 

areas; the GB Seasonal Closure Area; 

differential DAS counting; the DAS 

Leasing Program vessel size restrictions; 

the Western U.S./Canada Area 72–hr 

observer notification requirement; and 

GB cod possession restrictions, as 

specified in §§ 648.80; 648.81; 648.82; 

648.85; and 648.86, respectively. 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17105 

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, Hook Sector members exemptions 

from the following regulations 

implementing the FMP: 

1. GB cod trip limits; 

2. GB Seasonal Closure Area; 

3. GOM, GB, and SNE limit on 

number of hooks fished; 

4. DAS Leasing Program size 

restrictions; and 

5. 72-hour advance notification of the 

observer program for trips to the 

Western U.S./Canada Management Area. 

Because the Hook Sector will be 

fishing under a hard TAC for GB cod, 

effort controls (i.e., exemptions 1–4 

above) are not necessary to constrain the 

impact of the Fixed Gear Sector on the 

GB cod stock. Also, the Hook Sector is 

restricted to using hook gear, which has 

extremely limited interaction with 

yellowtail flounder, making it 

unnecessary for the Hook Sector to have 

observers monitor Hook Sector catch of 

yellowtail flounder in the Western U.S./ 

Canada Management Area (exemption 5 

above). Should the Hook 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). Hook 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. 

In order for GB cod to be allocated to 

the Hook Sector, and the Hook Sector 

authorized to fish in FY 2009, the Hook 

Sector must submit an Operations Plan 

and Sector Contract to the Regional 

Administrator for approval. The Hook 

Sector submitted its FY 2009 Operations 

Plan on September 30, 2008, followed 

by a signed Sector Contract 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 Hook 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 Hook 

Sector on February 10, 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 25, 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 

Hook Sector. Establishing an effective 

date 30 days after the publication of this 

final rule would prevent the Hook 

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 

Hook 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 

Hook Sector is exempt from both hook 

limits and a seasonal closure of a large 

portion of its historic fishing area. 

Further, vessels participating in the 

Hook 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. 

A final regulatory flexibility analysis 

(FRFA) was prepared. The FRFA 

incorporates the initial regulatory 

flexibility analysis (IRFA), a summary of 

the significant issues raised by the 

public comments in response to the 

IRFA, NMFS responses to those 

comments, and a summary of the 

analyses completed to support the 

action. 

A description of why this action was 

considered, along with the objectives of, 

and the legal basis for this rule is 

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 

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. 

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 Hook 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 Hook Sector members, are 

considered to be small entities because 

gross sales by any one entity (vessel) do 

not exceed this threshold. The number 

of participants in the Hook Sector is 24, 

17106 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

substantially less than the total number 

of active vessels in the groundfish 

fishery. Only these 24 vessels will be 

subject to the regulatory exemptions and 

operational restrictions proposed for the 

Hook Sector for FY 2009. 

Description of the Projected Reporting, 

Record-keeping, and Other 

Requirements of the Rule 

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 

350.1 mt to the Hook Sector, unless 

changed through the Secretarial interim 

final rule, as discussed in this preamble. 

Once the GB cod TAC is harvested, 

participating vessels would 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 Hook Sector during FY 2009 

may only fish with hook gear. Under the 

proposed Operations Plan, members 

would be exempt from several 

restrictions of the FMP described in the 

preamble to this rule and in the EA. 

This action will positively impact the 

24 vessels that have voluntarily joined 

the Hook Sector. The approval of the 

Hook Sector and allocation of GB cod 

TAC will indirectly benefit the 

communities of Chatham, MA, and 

Harwichport, MA, and to a lesser extent 

other Cape Cod communities involved 

in the groundfish fishery. The Hook 

Sector fishermen and the communities 

of Chatham, MA, and Harwichport, MA, 

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. 

Haddock and cod comprised the 

largest proportion of Hook Sector 

landings (62.47 percent and 32.46 

percent, respectively, in FY 2007). 

During FY 2007, members of the Hook 

Sector made 239 trips; landed 155,453 

lb (70,512 kg) of cod and 299,126 lb 

(135,681 kg) of haddock; and generated 

approximately $ 290,697 and $ 523,471 

in revenue from those species, 

respectively (assuming a dockside price 

of $ 1.87 and $ 1.75 per lb ($4.11 and 

$ 3.85 per kg), respectively). The FY 

2007 data indicated a 34–percent 

decline in the number of trips, a 13– 

percent decline in cod landings, and a 

16–percent increase in haddock 

landings compared to FY 2006. The net 

effect was a 3.2–percent increase in 

revenue from cod and haddock, and a 

55–percent increase in revenue per trip 

from these species compared to FY 

2006. Hook Sector members also landed 

various other species, which increased 

their revenue. In general, the operation 

of the Hook 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; October 

23, 2006; 71 FR 62156). The Hook 

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, Hook 

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. Forty-one 

of the Hook Sector’s 239 trips (17 

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 

77,429 lb (35,121 kg) (49.8 percent of 

the Hook Sector’s FY 2007 cod landings) 

being landed, rather than discarded. For 

some vessel owners in the Hook Sector, 

participation in the Hook Sector enables 

their businesses to remain economically 

viable. 

In contrast, under the No Action 

alternative, all Hook Sector members 

would have remained in the common 

pool of vessels and fished under all the 

rules implemented by Amendment 13 

and subsequent actions. Under the 

regulatory scenario of the No Action 

alternative, relative to the alternative 

implemented by this rule, Hook Sector 

members would likely have faced 

increased economic uncertainty, loss of 

efficiency, and loss of revenue, as noted 

above. Because cod usually represents a 

high proportion of total fishing income 

for hook gear vessels, revenues for Hook 

Sector members are sensitive to 

regulations that impact how and when 

they can fish for cod, such as possession 

limits and restrictions on the number of 

hooks that can be fished. 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 Hook 

Sector members that also serves as 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. E9–8521 Filed 4–13–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061228342–7068–02] 

RIN 0648–XO47 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; Total 

Allowable Catch Harvested for 

Management Area 2 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; Closure. 

SUMMARY: NMFS announces that, 

effective 0001 hours, 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 Management Area 2 

(Area 2) per trip or calendar day until 

January 1, 2010, when the 2010 total 

allowable catch (TAC) becomes