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]
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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:
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(3) Final order—§ 386.14, § 386.17,
§ 386.22, and § 386.61; and
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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.
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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
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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.
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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
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*
(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
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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.
-----------------------------------------------------------------------
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
