Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Commercial Haddock Harvest, 23939-23940 [05-9125]

Download as PDF Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Rules and Regulations with our February 16, 2005 interpretation. This amendment is a technical one, and it does not impose or relax any substantive requirements or burdens on manufacturers. Therefore, NHTSA finds good cause that any notice and opportunity for comment on this technical amendment is not necessary. Rulemaking Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This technical amendment has not been reviewed under Executive Order 12866. The technical amendment is not ‘‘significant’’ within the meaning of the Department of Transportation’s regulatory policies and procedures. As discussed above, this is a technical amendment, and it will not result in any substantive impact. B. Regulatory Flexibility Act The Regulatory Flexibility Act (95 U.S.C. § 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996) provides that no regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SEBRFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. NHTSA has considered the effects of this technical amendment under the Regulatory Flexibility Act. I hereby certify that it will not have a significant economic impact on a substantial number of small entities. Accordingly, the agency has not prepared a final regulatory flexibility analysis for this technical amendment. NHTSA makes these statements on the basis that, as a technical amendment that corrects or clarifies existing regulatory provisions, this rule will not impose any significant costs on anyone. The costs of the underlying rule were analyzed at the time of its initial issuing as a final rule. Therefore, it has not been necessary for NHTSA to conduct a regulatory evaluation or Regulatory Flexibility Analysis for this technical amendment. At the time that the final rule for 49 CFR Part 565 was issued, we explained that the part did not impose any new costs or provide any savings. It was simply a migration of the agency’s VIN requirements from FMVSS No. 115 to 49 CFR Part 565. We explained that this will ‘‘make it easier for motor vehicle VerDate jul<14>2003 09:53 May 05, 2005 Jkt 205001 manufacturers, many of which are small businesses, to understand and apply the agency’s requirements for vehicle identification numbers. For these reasons, small businesses, small governmental organizations, and small organizations that purchase motor vehicles or rely on VINs for other recordkeeping or administrative matters, will not be affected by the rule.’’ C. National Environmental Policy Act NHTSA has analyzed this rulemaking action for the purposes of the National Environmental Policy Act. The agency has determined that implementation of this action will not have any significant impact on the quality of the human environment. D. Executive Order 12612 (Federalism) NHTSA has analyzed this rulemaking action under the principles and criteria in Executive Order 12612. The agency has determined that this technical amendment does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. No State laws will be affected. E. Executive Order 12988 (Civil Justice Reform) Executive Order 12988 requires that agencies review proposed regulations and legislation and adhere to the following general requirements: (1) The agency’s proposed legislation and regulations shall be reviewed by the agency to eliminate drafting errors and ambiguity; (2) The agency’s proposed legislation and regulations shall be written to minimize litigation; and (3) The agency’s proposed legislation and regulations shall provide a clear legal standard for affected conduct rather than a general standard, and shall promote simplification and burden reduction. When promulgating a regulation, Executive Order 12988, specifically requires that the agency must make every reasonable effort to ensure that the regulation, as appropriate: (1) Specifies in clear language the preemptive effect; (2) specifies in clear language the effect on existing Federal law or regulation, including all provisions repealed, circumscribed, displaced, impaired, or modified; (3) provides a clear legal standard for affected conduct rather than a general standard, while promoting simplification and burden reduction; (4) specifies in clear language the retroactive effect; (5) specifies whether administrative proceedings are to be required before parties may file suit in court; (6) explicitly or implicitly defines key terms; and (7) addresses other important issues affecting clarity PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 23939 and general draftsmanship of regulations. NHTSA has reviewed this technical amendment according to the general requirements and the specific requirements for regulations set forth in Executive Order 12988. This technical amendment simply clarifies the definition of the term ‘‘model year’’ in 49 CFR Part 565. This change does not result in any preemptive effect and does not have a retroactive effect. A petition for reconsideration or other administrative proceeding is not required before parties may file suit in court. List of Subjects in 49 CFR Part 565 Motor vehicle safety, Reporting and recordkeeping requirements. I For the reasons stated above, NHTSA amends 49 CFR part 565 as follows: PART 565—VEHICLE IDENTIFICATION NUMBER REQUIREMENTS 1. The authority citation continues to read as follows: I Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30141, 30146, 30166, and 30168; delegation of authority at 49 CFR 1.50. 2. Section 565.3 is amended by revising paragraph (j) to read as follows: I § 565.3 Definitions. * * * * * (j) Model Year means the year used to designate a discrete vehicle model, irrespective of the calendar year in which the vehicle was actually produced, provided that the production period does not exceed 24 months. * * * * * Issued: May 3, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–9140 Filed 5–5–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 000407096–0096–01 ; I.D. 050205A] Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Commercial Haddock Harvest National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\06MYR1.SGM 06MYR1 23940 ACTION: Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Rules and Regulations Removal of haddock trip limits. SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), is eliminating the daily and maximum haddock trip limits for the groundfish fishery for the remainder of the 2005 fishing year, through April 30, 2006. Accordingly, there is no trip limit on the amount of haddock that can be harvested or landed for the rest of the fishing year for vessels subject to these regulations. The Regional Administrator has projected that less than 75 percent of the haddock target total allowable catch (TAC) will be harvested for the 2005 fishing year under the restrictive daily possession and trip limits. This action is intended to allow fishermen to catch the haddock TAC, without exceeding the TAC. DATES: Effective May 3, 2005, through April 30, 2006. 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: Framework Adjustment 33 to the Northeast (NE) Multispecies Fishery Management Plan (FMP), which became effective May 1, 2000, implemented the current haddock trip limit regulations (65 FR 21658). To ensure that haddock landings do not exceed the appropriate target TAC, Framework 33 established a haddock trip limit of 3,000 lb (1,360.8 kg) per NE multispecies day-at-sea (DAS) and a maximum trip limit of 30,000 lb (13,608 kg) of haddock for the period May 1 through September 30; and 5,000 lb (2,268 kg) of haddock per DAS and 50,000 lb (22,680 kg) per trip from October 1 through April 30. Framework 33 also implemented a mechanism to adjust the haddock trip limit based upon the percentage of TAC that is projected to be harvested. Section 648.86(a)(1)(iii)(B) specifies that, if the Regional Administrator projects that less than 75 percent of the haddock target TAC will be harvested in the fishing year, the trip limit may be adjusted or eliminated. Further, the regulations require that NMFS publish notification in the Federal Register informing the public of the date of any change to the trip limit. The Supplemental Environmental Impact Statement (SEIS) prepared for Amendment 13 to the FMP (Amendment 13) estimated the total target TAC for the Gulf of Maine (GOM) and Georges Bank (GB) haddock stocks for the 2005 fishing year at 32,427 mt (71,487,267 lb), including both U.S. and Canadian landings. The Canadian quota VerDate jul<14>2003 09:53 May 05, 2005 Jkt 205001 for eastern GB haddock was set at 15,410 mt (33,972,270 lb). Therefore, the U.S. portion of the total target TAC for haddock for the 2005 fishing year is the difference between the entire haddock target TAC and the Canadian TAC, or 17,017 mt (37,514,997 lb). This amount includes the target TAC for the GOM and GB haddock stocks, as well as a haddock TAC of 7,590 mt (16,732,610 lb) specific to the Eastern U.S./Canada Area. Based on recent historical fishing practices and preliminary landings data, the Regional Administrator has projected that less than 75 percent of the haddock target TAC for the 2005 fishing year (17,017 mt) will be harvested by April 30, 2006, under the restrictive daily possession and trip limits. Furthermore, this projection indicates that eliminating the daily and maximum trip limits for haddock would not likely precipitate haddock landings reaching the Eastern U.S./Canada Area haddock TAC of 7,590 mt. The Regional Administrator has therefore determined that eliminating the 3,000–lb (1,360.8– kg) and 5,000–lb (2,268–kg) daily haddock possession limits as well as the associated 30,000–lb (13,608–kg) and 50,000–lb (22,680–kg) per trip possession limits for May 1 through September 30, 2005, and October 1, 2005, through April 30, 2006, respectively, will increase the likelihood that at least 75 percent of the target TAC will be harvested for the 2005 fishing year. In order to prevent the TAC from being exceeded, the Regional Administrator will continue to monitor haddock landings and adjust the trip limit through publication of a notification in the Federal Register, pursuant to § 648.86(a)(1)(iii), if necessary. Classification The Assistant Administrator for Fisheries, NOAA, 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 in this instance. To further delay the elimination of the haddock trip limits is contrary to the public interest because it would unnecessarily result in wasteful discards and prevent the haddock fishery from achieving optimum yield. Moreover, the public had opportunity to comment on the adjustment of haddock trip limits and its consequences at the time the trip limits were implemented. This action relieves a restriction by eliminating unnecessary daily and maximum trip limits for haddock for the PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 remainder of the 2005 fishing year. These limits were implemented to prevent the target TAC for haddock from being exceeded. The target TAC for haddock has not been exceeded since 1996. Eliminating these restrictions will allow the fishing industry to harvest at least 75 percent of the target TAC for haddock during the 2005 fishing year. Further, eliminating these restrictions will allow vessels to possess and land haddock in excess of the daily and maximum trip limits, thereby preventing biological waste and providing an opportunity to offset some of the adverse economic impacts resulting from the implementation of Amendment 13. Therefore, because this rule relieves a restriction pursuant to 5 U.S.C. 553(d)(1) of the Administrative Procedure Act, the Assistant Administrator for Fisheries, NOAA, waives the 30–day delay in effectiveness date for this final rule. This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 2, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–9125 Filed 5–3–05; 2:24 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126333–5040–02; I.D. 050305C] Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: ACTION: Closure. SUMMARY: NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached. E:\FR\FM\06MYR1.SGM 06MYR1

Agencies

[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Rules and Regulations]
[Pages 23939-23940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9125]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000407096-0096-01 ; I.D. 050205A]


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; Commercial Haddock 
Harvest

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 23940]]


ACTION: Removal of haddock trip limits.

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SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), is eliminating the daily and maximum haddock 
trip limits for the groundfish fishery for the remainder of the 2005 
fishing year, through April 30, 2006. Accordingly, there is no trip 
limit on the amount of haddock that can be harvested or landed for the 
rest of the fishing year for vessels subject to these regulations. The 
Regional Administrator has projected that less than 75 percent of the 
haddock target total allowable catch (TAC) will be harvested for the 
2005 fishing year under the restrictive daily possession and trip 
limits. This action is intended to allow fishermen to catch the haddock 
TAC, without exceeding the TAC.

DATES: Effective May 3, 2005, through April 30, 2006.

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: Framework Adjustment 33 to the Northeast 
(NE) Multispecies Fishery Management Plan (FMP), which became effective 
May 1, 2000, implemented the current haddock trip limit regulations (65 
FR 21658). To ensure that haddock landings do not exceed the 
appropriate target TAC, Framework 33 established a haddock trip limit 
of 3,000 lb (1,360.8 kg) per NE multispecies day-at-sea (DAS) and a 
maximum trip limit of 30,000 lb (13,608 kg) of haddock for the period 
May 1 through September 30; and 5,000 lb (2,268 kg) of haddock per DAS 
and 50,000 lb (22,680 kg) per trip from October 1 through April 30. 
Framework 33 also implemented a mechanism to adjust the haddock trip 
limit based upon the percentage of TAC that is projected to be 
harvested. Section 648.86(a)(1)(iii)(B) specifies that, if the Regional 
Administrator projects that less than 75 percent of the haddock target 
TAC will be harvested in the fishing year, the trip limit may be 
adjusted or eliminated. Further, the regulations require that NMFS 
publish notification in the Federal Register informing the public of 
the date of any change to the trip limit.
    The Supplemental Environmental Impact Statement (SEIS) prepared for 
Amendment 13 to the FMP (Amendment 13) estimated the total target TAC 
for the Gulf of Maine (GOM) and Georges Bank (GB) haddock stocks for 
the 2005 fishing year at 32,427 mt (71,487,267 lb), including both U.S. 
and Canadian landings. The Canadian quota for eastern GB haddock was 
set at 15,410 mt (33,972,270 lb). Therefore, the U.S. portion of the 
total target TAC for haddock for the 2005 fishing year is the 
difference between the entire haddock target TAC and the Canadian TAC, 
or 17,017 mt (37,514,997 lb). This amount includes the target TAC for 
the GOM and GB haddock stocks, as well as a haddock TAC of 7,590 mt 
(16,732,610 lb) specific to the Eastern U.S./Canada Area.
    Based on recent historical fishing practices and preliminary 
landings data, the Regional Administrator has projected that less than 
75 percent of the haddock target TAC for the 2005 fishing year (17,017 
mt) will be harvested by April 30, 2006, under the restrictive daily 
possession and trip limits. Furthermore, this projection indicates that 
eliminating the daily and maximum trip limits for haddock would not 
likely precipitate haddock landings reaching the Eastern U.S./Canada 
Area haddock TAC of 7,590 mt. The Regional Administrator has therefore 
determined that eliminating the 3,000-lb (1,360.8-kg) and 5,000-lb 
(2,268-kg) daily haddock possession limits as well as the associated 
30,000-lb (13,608-kg) and 50,000-lb (22,680-kg) per trip possession 
limits for May 1 through September 30, 2005, and October 1, 2005, 
through April 30, 2006, respectively, will increase the likelihood that 
at least 75 percent of the target TAC will be harvested for the 2005 
fishing year. In order to prevent the TAC from being exceeded, the 
Regional Administrator will continue to monitor haddock landings and 
adjust the trip limit through publication of a notification in the 
Federal Register, pursuant to Sec.  648.86(a)(1)(iii), if necessary.

Classification

    The Assistant Administrator for Fisheries, NOAA, 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 in this instance. To further delay the elimination of 
the haddock trip limits is contrary to the public interest because it 
would unnecessarily result in wasteful discards and prevent the haddock 
fishery from achieving optimum yield. Moreover, the public had 
opportunity to comment on the adjustment of haddock trip limits and its 
consequences at the time the trip limits were implemented.
    This action relieves a restriction by eliminating unnecessary daily 
and maximum trip limits for haddock for the remainder of the 2005 
fishing year. These limits were implemented to prevent the target TAC 
for haddock from being exceeded. The target TAC for haddock has not 
been exceeded since 1996. Eliminating these restrictions will allow the 
fishing industry to harvest at least 75 percent of the target TAC for 
haddock during the 2005 fishing year. Further, eliminating these 
restrictions will allow vessels to possess and land haddock in excess 
of the daily and maximum trip limits, thereby preventing biological 
waste and providing an opportunity to offset some of the adverse 
economic impacts resulting from the implementation of Amendment 13. 
Therefore, because this rule relieves a restriction pursuant to 5 
U.S.C. 553(d)(1) of the Administrative Procedure Act, the Assistant 
Administrator for Fisheries, NOAA, waives the 30-day delay in 
effectiveness date for this final rule. This action is required by 50 
CFR part 648 and is exempt from review under Executive Order 12866.

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

    Dated: May 2, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-9125 Filed 5-3-05; 2:24 pm]
BILLING CODE 3510-22-S