Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 28486-28487 [05-9926]

Download as PDF 28486 Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Rules and Regulations Administrator exercises enforcement responsibility, the Chief Counsel may request the United States Attorney General to bring an action in the appropriate United States District Court for such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages, as provided by section 213(c) of the Motor Carrier Safety Act of 1984 and section 111(a) of the Hazardous Materials Transportation Act (49 U.S.C. 507(c) 5122). I 39. Revise § 386.82(a)(3) to read as follows: § 386.82 Civil penalties for violations of notices and orders. (a) Additional civil penalties are chargeable for violations of notices and orders which are issued under civil forfeiture proceedings pursuant to 49 U.S.C. 521(b). These notices and orders are as follows: * * * * * (3) Final order—§ 386.14, § 386.17, § 386.22, and § 386.61; and * * * * * I 40. Amend Appendix A to Part 386 by revising section I, removing and reserving section II, and revising section III to read as follows: by parts 40, 382, 385, and 390–99 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of $550 for each day the violation continues, up to $5,500. (2) Knowing falsification of records. A person or entity that knowingly falsifies, destroys, mutilates, or changes a report or record required by parts 382, 385, and 390– 99 of this subchapter, knowingly makes or causes to be made a false or incomplete record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary is subject to a maximum civil penalty of $5,500 if such action misrepresents a fact that constitutes a violation other than a reporting or recordkeeping violation. (3) Non-recordkeeping violations. A person or entity that violates parts 382, 385, or 390– 99 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $11,000 for each violation. (4) Non-recordkeeping violations by drivers. A driver who violates parts 382, 385, and 390–99 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $2,750. * * * * * Issued on: May 12, 2005. Annette M. Sandberg, Administrator. [FR Doc. 05–9898 Filed 5–17–05; 8:45 am] Appendix A to Part 386—Penalty Schedule; Violations of Notices and Orders BILLING CODE 4910–EX–P I. Notice to Abate Violation—Failure to cease violations of the regulations in the time prescribed in the notice. (The time within to comply with a notice to abate shall not begin to run with respect to contested violations, i.e., where there are material issues in dispute under § 386.14, until such time as the violation has been established.) Penalty reinstatement of any deferred assessment or payment of a penalty or portion thereof. DEPARTMENT OF COMMERCE * * * * * III. Final Order Violation—Failure to comply with Final Agency Order. Penalty—Automatic reinstatement of any penalty previously reduced or held in abeyance and restoration of the full amount assessed in the Notice of Claim less any payments previously made. * * * * * I 41. Amend Appendix B to Part 386 by revising the heading and paragraphs (a)(1) through (4) to read as follows: Appendix B to Part 386—Penalty Schedule; Violations and Maximum Civil Penalties * * * * * (a) Violations of the Federal Motor Carrier Safety Regulations (FMCSRs): (1) Recordkeeping. A person or entity that fails to prepare or maintain a record required VerDate jul<14>2003 16:58 May 17, 2005 Jkt 205001 National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 051105C] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Reallocation. AGENCY: SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2005 A season total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective May 17, 2005, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2005. PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2005 A season allowance of the Pacific cod TAC specified for vessels using jig gear in the BSAI is 374 metric tons (mt) as established by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005) and the reallocation on April 13, 2005 (70 FR 19708, April 14, 2005), for the period 1200 hrs, A.l.t., January 1, 2005, through 1200 hrs, A.l.t., April 30, 2005. See §§ 679.20 (a)(7)(i)(C)(1), (c)(3)(iii), and (c)(5). The Administrator, Alaska Region, NMFS, has determined that jig vessels will not be able to harvest 350 mt of the A season apportionment of Pacific cod allocated to those vessels under §§ 679.20(a)(7)(i)(A) and (a)(7)(iii)(A). Therefore, in accordance with § 679.20(a)(7)(ii)(C)(1), NMFS apportions 350 mt of Pacific cod from the A season apportionment of jig gear to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear. The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005) are revised as follows: 24 mt to the A season apportionment for vessels using jig gear and 2,854 mt to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear. SUPPLEMENTARY INFORMATION: 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 reallocation of Pacific cod specified for jig vessels to catcher vessels less than 60 feet (18.3 m) LOA E:\FR\FM\18MYR1.SGM 18MYR1 Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Rules and Regulations using pot or hook-and-line gear and therefore would cause disruption to the industry by requiring unnecessary closures, and will relieve a restriction on the industry and allow for the orderly conduct and efficient operation of this fishery. The AA also finds good cause to waive the 30-day delay in the effective VerDate jul<14>2003 16:58 May 17, 2005 Jkt 205001 date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 28487 Authority: 16 U.S.C. 1801 et seq. Dated: May 12, 2005. Alan D. Risenhoover Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–9926 Filed 5–17–05; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\18MYR1.SGM 18MYR1

Agencies

[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Rules and Regulations]
[Pages 28486-28487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9926]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 051105C]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet 
(18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the 2005 A season total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective May 17, 2005, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2005.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (FMP) prepared by the 
North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Regulations 
governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2005 A season allowance of the Pacific cod TAC specified for 
vessels using jig gear in the BSAI is 374 metric tons (mt) as 
established by the 2005 and 2006 final harvest specifications for 
groundfish in the BSAI (70 FR 8979, February 24, 2005) and the 
reallocation on April 13, 2005 (70 FR 19708, April 14, 2005), for the 
period 1200 hrs, A.l.t., January 1, 2005, through 1200 hrs, A.l.t., 
April 30, 2005. See Sec. Sec.  679.20 (a)(7)(i)(C)(1), (c)(3)(iii), and 
(c)(5).
    The Administrator, Alaska Region, NMFS, has determined that jig 
vessels will not be able to harvest 350 mt of the A season 
apportionment of Pacific cod allocated to those vessels under 
Sec. Sec.  679.20(a)(7)(i)(A) and (a)(7)(iii)(A). Therefore, in 
accordance with Sec.  679.20(a)(7)(ii)(C)(1), NMFS apportions 350 mt of 
Pacific cod from the A season apportionment of jig gear to catcher 
vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005) are revised as follows: 24 mt to the A season apportionment for 
vessels using jig gear and 2,854 mt to catcher vessels less than 60 
feet (18.3 m) LOA using pot or hook-and-line gear.

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 reallocation of Pacific cod specified for jig vessels 
to catcher vessels less than 60 feet (18.3 m) LOA

[[Page 28487]]

using pot or hook-and-line gear and therefore would cause disruption to 
the industry by requiring unnecessary closures, and will relieve a 
restriction on the industry and allow for the orderly conduct and 
efficient operation of this fishery.
    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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 12, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-9926 Filed 5-17-05; 8:45 am]
BILLING CODE 3510-22-S