Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Haddock Incidental Catch Allowance for the 2005 Atlantic Herring Fishery; Emergency Fishery Closure Due to the Presence of the Toxin That Causes Paralytic Shellfish Poisoning; Correction, 39192-39193 [05-13357]
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39192
Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Rules and Regulations
U.S./Canada TACs will likely be similar
to the economic impacts of the TACs
specified for the 2004 fishing year.
A downward adjustment to the TACs
specified for FY 2005 could occur after
these TACs are implemented, if it is
determined that the U.S. catch of one or
more of the shared stocks during FY
2004 exceeded the relevant TACs
specified for FY 2004.
Three alternatives were considered for
FY 2005: The proposed TACs, the status
quo TACs, and the no action alternative.
No additional set of TACs was proposed
because the process involving the
TMGC and the Council yields only one
proposed set of TACs. The implemented
TACs will have a similar economic
impact as the status quo TACs.
Adoption of the status quo TACs,
however, would not be consistent with
the FMP because the status quo TACs
do not reflect the best available
scientific information. Although the no
action alternative (no TACs) would not
constrain catch in the U.S./Canada
Management Area, and therefore would
likely provide some additional fishing
opportunity, the no action alternative is
not a reasonable alternative because it is
inconsistent with the FMP in both the
short and long term. The FMP requires
specification of hard TACs in order to
limit catch of shared stocks to the
appropriate fish mortality level (i.e.,
consistent with the Understanding and
the FMP). The appropriate fishing
mortality enables consistent
management between the U.S. and
Canada and therefore the full benefits of
U.S. conservation actions are more
likely to be realized. The no action
alternative would likely provide fewer
economic benefits to the industry in the
long term than the implemented
alternative, and likely result in fishing
mortality levels that are inconsistent
with the fishing mortality levels of the
Canadian portions of the shared stocks.
Two of the three FY 2005 TACs (cod
and yellowtail flounder) represent
reductions from the FY 2004 level and
could, under certain circumstances,
constrain fishing opportunity on
haddock (for which the TAC is
increasing). The FY 2005 TACs
implemented by this final rule do not
modify any collection of information,
reporting, or recordkeeping
requirements. The FY 2005 TACs do not
duplicate, overlap, or conflict with any
other Federal rules.
There is good cause under 5 U.S.C.
553(d)(3), to waive the 30–day delay in
effective date because doing otherwise
may compromise full and effective
management of the GB stocks of cod,
haddock, and yellowtail flounder.
Because of recent unanticipated high
VerDate jul<14>2003
16:31 Jul 06, 2005
Jkt 205001
catch rates of GB cod in the Eastern
U.S./Canada Area, it is crucial that the
TACs are implemented as soon as
possible in order to ensure that the
fishing mortality objective for the shared
stock of cod is not exceeded. The
timeline for the development of the EA
that analyzed the TACs and publication
of the proposed rule for the TACs, prior
to the 2005 fishing year, did not
anticipate a high catch rate of cod
during the 2005 fishing year (based
upon the 2004 fishing year information).
The FMP provides authority to the
Regional Administrator to make
modifications to various rules
associated with the U.S./Canada
Management Area, once 30 percent of
any of the TACs has been harvested. If
the delay is not waived it is highly
possible that the TAC for the most
depleted stock, GB cod, could be
reached and exceeded during the 30 day
delay period, and the Regional
Administrator will be unable to take
action to stop fishing on this stock.
Failure to stop fishing on this stock
when the TAC is caught would severely
undermine the conservation objectives
of the groundfish FMP. Any resulting
TAC overages are required to be
deducted from the following year’s
TAC, which is already very small for GB
cod. The consequences of any
substantial overage that could occur if
the effectiveness of the implementation
of the 2005 TACs is delayed could be
very severe for the industry in the 2006
fishing year. The high catch rate of cod
created the need for regulatory action
early in the fishing year, based on an
implemented cod TAC.
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 permit
holders that also serves as small entity
compliance guide (the guide) was
prepared. Copies of this final rule are
available from the Northeast Regional
Office, and the guide, i.e., permit holder
letter, will be sent to all holders of
limited access DAS permits for the NE
multispecies fishery. The guide and this
final rule will be posted on the NMFS
NE Regional Office web site at https://
www.nero.noaa.gov and will also be
available upon request.
PO 00000
Frm 00018
Fmt 4700
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Authority: 16 U.S.C. 1801 et seq.
Dated: June 30, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05–13356 Filed 7–1–05; 3:07 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.050629171–5171–01; I.D.
070105A]
RIN 0648–AT51
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Haddock
Incidental Catch Allowance for the
2005 Atlantic Herring Fishery;
Emergency Fishery Closure Due to the
Presence of the Toxin That Causes
Paralytic Shellfish Poisoning;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment; extension of comment
period.
AGENCY:
SUMMARY: NMFS is clarifying emergency
regulations that closed portions of
Federal waters of the Gulf of Maine,
Georges Bank, and southern New
England to the harvest of bivalve
shellfish due to the presence of the
toxin that causes Paralytic Shellfish
Poisoning (PSP). This correction will
allow for the collection and testing of
samples for the toxin that causes PSP.
In addition, this rule will correct the
effective date for the definition of a
‘‘Category 1 herring vessel’’ and
reinstate a prohibition on the sale of
certain haddock that was inadvertently
overwritten by the emergency rule.
DATES: Effective July 7, 2005, except for
the amendment to § 648.14(a)(166)
which is effective June 14, 2005,
through September 30, 2005, and the
amendment to § 648.14(a)(169) which is
effective June 13, 2005, through
December 10, 2005.
The comment period for the original
emergency action published at 70 FR
35047, June 16, 2005, is extended from
July 18, 2005, through August 1, 2005.
E:\FR\FM\07JYR1.SGM
07JYR1
Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Rules and Regulations
Comments may be
submitted by any of the following
methods:
• E-mail: PSPClosure@NOAA.gov.
Include in the subject line the following:
‘‘Comments on the PSP Emergency
Rule.’’
• Federal e-Rulemaking Portal: http:/
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on the PSP Emergency
Rule.’’
• Fax: (978) 281–9135.Copies of the
emergency rule are available from the
mailing address listed here.
FOR FURTHER INFORMATION CONTACT:
Brian Hooker, Fishery Policy Analyst,
phone: (978) 281–9220, fax: (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
On June 10, 2005, the Food and Drug
Administration (FDA) requested that
NMFS close an area of Federal waters
off the coasts of New Hampshire and
Massachusetts to fishing for bivalve
shellfish intended for human
consumption. The reason for the request
is that shellfish testing has detected one
of the largest toxic algal blooms (red
tides) in history, which has moved in an
easterly direction from state waters into
Federal waters. On June 16, 2005, NMFS
published an emergency rule (70 FR
35047) closing the area recommended
by the FDA, i.e. the PSP Temporary
Closure Area, through September 30,
2005. However, the emergency rule did
not allow sufficient flexibility to allow
for the collection of biological samples
of shellfish for testing PSP toxin levels
in the closure area by commercial
fishing vessels working cooperatively
with NMFS and the FDA. The
emergency rule was not intended to
impede, in any manner, the collection of
biological samples of shellfish from the
PSP Temporary Closure Area by
commercial fishing vessels. This rule
allows for the Administrator, Northeast
Region, NMFS (Regional Administrator)
to issue a Letter of Authorization (LOA)
to commercial fishing vessels that are
working cooperatively with NMFS and
the FDA to collect biological samples of
shellfish for testing. The request for an
LOA would be from the FDA to the
Regional Administrator. Vessels issued
the LOA would be exempt from the
prohibition on the possession of
shellfish harvested from the PSP
Temporary Closure Area, subject to the
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16:00 Jul 06, 2005
Jkt 205001
39193
terms and conditions of the LOA. This
collection will facilitate the testing of
shellfish for the toxin that causes PSP
by the FDA and/or FDA-approved
laboratories.
In addition the rule reinstates the
prohibition on the sale and purchase of
haddock for human consumption
landed by Category 1 herring vessels
that was published in the Federal
Register on June 13, 2005 (70 FR 34055),
and subsequently and inadvertently
overwritten by the PSP Temporary
Emergency Closure on June 16, 2005 (70
FR 35047). The definition for ‘‘Category
1 herring vessel’’ is revised so it will
become permanent without an
expiration date of December 10, 2005.
Dated: June 30, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Classification
§ 648.2
This rule has been determined to be
not significant for the purposes of
Executive Order (E.O.) 12866.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
under 5 U.S.C. 553(b)(B) and 553(d)(3),
respectively, to waive prior notice and
the opportunity for public comment and
the delayed effectiveness period on this
action. Providing an opportunity for
notice and public comment on this
action would be contrary to the public
interest. This rule clarifies the June 16,
2005 (70 FR 35047) emergency rule
prohibiting the possession of shellfish
harvested from the PSP Temporary
Closure Area by allowing the harvest of
shellfish by commercial fishing vessels
working with NMFS and the FDA. Any
delay in implementing this rule could
seriously jeopardize public health by
impeding the ability of the NMFS and
the FDA from obtaining biological
samples from the PSP Temporary
Closure Area. Biological samples
obtained from the PSP Temporary
Closure Area are necessary to determine
if the level of contaminants in shellfish
in a certain area remains a public health
risk, or if the area is once again safe for
the harvest of bivalve shellfish for
human consumption.
The correcting amendments that are
set forth in this rule are exempt from the
procedures of the Regulatory Flexibility
Act because the rule is issued without
opportunity for prior notice and
opportunity for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
PO 00000
For reasons set out in the preamble,
50 CFR part 648 is corrected by making
the following correcting amendments:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.2, the definition for
‘‘Category 1 herring vessel’’ is revised to
read as follows:
I
Definitions.
*
*
*
*
*
Category 1 herring vessel means a
vessel issued a permit to fish for
Atlantic herring that is required to have
an operable VMS unit installed on board
pursuant to § 648.205(b).
*
*
*
*
*
3. In § 648.14, paragraph (a) (166) was
added at 70 FR 35047, June 16, 2005. In
§ 648.14, paragraph (a)(166) is revised
and paragraph (a)(169) is added to read
as follows:
I
§ 648.14
Prohibitions.
(a) * * *
(166) Fish for, harvest, catch, possess,
or attempt to fish for, harvest, catch, or
possess any bivalve shellfish, including
Atlantic surfclams, ocean quahogs, and
mussels, with the exception of sea
scallops harvested only for adductor
muscles and shucked at sea, or a vessel
issued and possessing on board a Letter
of Authorization from the Regional
Administrator authorizing the collection
of shellfish for biological sampling and
operating under the terms and
conditions of said Letter, in the area of
the U.S. Exclusive Economic Zone
bound by the following coordinates in
the order stated: (1) 43°00′ N. lat., 71°00′
W. long.; (2) 43°00′ N. lat., 69°00′ W.
long.; (3) 40°00′ N. lat., 69°00′ W. long.;
(4) 40°00′ N. lat., 71°00′ W. long., and
then ending at the first point.
*
*
*
*
*
(169) Sell, purchase, receive, trade,
barter, or transfer haddock, or attempt to
sell, purchase, receive, trade, barter, or
transfer haddock for, or intended for,
human consumption landed by a
Category 1 herring vessel as defined in
§ 648.2.
*
*
*
*
*
[FR Doc. 05–13357 Filed 7–1–05; 3:07 pm]
BILLING CODE 3510–22–S
Frm 00019
Fmt 4700
Sfmt 4700
E:\FR\FM\07JYR1.SGM
07JYR1
Agencies
[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Rules and Regulations]
[Pages 39192-39193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13357]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.050629171-5171-01; I.D. 070105A]
RIN 0648-AT51
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Haddock
Incidental Catch Allowance for the 2005 Atlantic Herring Fishery;
Emergency Fishery Closure Due to the Presence of the Toxin That Causes
Paralytic Shellfish Poisoning; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: NMFS is clarifying emergency regulations that closed portions
of Federal waters of the Gulf of Maine, Georges Bank, and southern New
England to the harvest of bivalve shellfish due to the presence of the
toxin that causes Paralytic Shellfish Poisoning (PSP). This correction
will allow for the collection and testing of samples for the toxin that
causes PSP. In addition, this rule will correct the effective date for
the definition of a ``Category 1 herring vessel'' and reinstate a
prohibition on the sale of certain haddock that was inadvertently
overwritten by the emergency rule.
DATES: Effective July 7, 2005, except for the amendment to Sec.
648.14(a)(166) which is effective June 14, 2005, through September 30,
2005, and the amendment to Sec. 648.14(a)(169) which is effective June
13, 2005, through December 10, 2005.
The comment period for the original emergency action published at
70 FR 35047, June 16, 2005, is extended from July 18, 2005, through
August 1, 2005.
[[Page 39193]]
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: PSPClosure@NOAA.gov. Include in the subject line
the following: ``Comments on the PSP Emergency Rule.''
Federal e-Rulemaking Portal: http:/www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of
the envelope ``Comments on the PSP Emergency Rule.''
Fax: (978) 281-9135.Copies of the emergency rule are
available from the mailing address listed here.
FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst,
phone: (978) 281-9220, fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
On June 10, 2005, the Food and Drug Administration (FDA) requested
that NMFS close an area of Federal waters off the coasts of New
Hampshire and Massachusetts to fishing for bivalve shellfish intended
for human consumption. The reason for the request is that shellfish
testing has detected one of the largest toxic algal blooms (red tides)
in history, which has moved in an easterly direction from state waters
into Federal waters. On June 16, 2005, NMFS published an emergency rule
(70 FR 35047) closing the area recommended by the FDA, i.e. the PSP
Temporary Closure Area, through September 30, 2005. However, the
emergency rule did not allow sufficient flexibility to allow for the
collection of biological samples of shellfish for testing PSP toxin
levels in the closure area by commercial fishing vessels working
cooperatively with NMFS and the FDA. The emergency rule was not
intended to impede, in any manner, the collection of biological samples
of shellfish from the PSP Temporary Closure Area by commercial fishing
vessels. This rule allows for the Administrator, Northeast Region, NMFS
(Regional Administrator) to issue a Letter of Authorization (LOA) to
commercial fishing vessels that are working cooperatively with NMFS and
the FDA to collect biological samples of shellfish for testing. The
request for an LOA would be from the FDA to the Regional Administrator.
Vessels issued the LOA would be exempt from the prohibition on the
possession of shellfish harvested from the PSP Temporary Closure Area,
subject to the terms and conditions of the LOA. This collection will
facilitate the testing of shellfish for the toxin that causes PSP by
the FDA and/or FDA-approved laboratories.
In addition the rule reinstates the prohibition on the sale and
purchase of haddock for human consumption landed by Category 1 herring
vessels that was published in the Federal Register on June 13, 2005 (70
FR 34055), and subsequently and inadvertently overwritten by the PSP
Temporary Emergency Closure on June 16, 2005 (70 FR 35047). The
definition for ``Category 1 herring vessel'' is revised so it will
become permanent without an expiration date of December 10, 2005.
Classification
This rule has been determined to be not significant for the
purposes of Executive Order (E.O.) 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause under 5 U.S.C. 553(b)(B) and 553(d)(3), respectively, to waive
prior notice and the opportunity for public comment and the delayed
effectiveness period on this action. Providing an opportunity for
notice and public comment on this action would be contrary to the
public interest. This rule clarifies the June 16, 2005 (70 FR 35047)
emergency rule prohibiting the possession of shellfish harvested from
the PSP Temporary Closure Area by allowing the harvest of shellfish by
commercial fishing vessels working with NMFS and the FDA. Any delay in
implementing this rule could seriously jeopardize public health by
impeding the ability of the NMFS and the FDA from obtaining biological
samples from the PSP Temporary Closure Area. Biological samples
obtained from the PSP Temporary Closure Area are necessary to determine
if the level of contaminants in shellfish in a certain area remains a
public health risk, or if the area is once again safe for the harvest
of bivalve shellfish for human consumption.
The correcting amendments that are set forth in this rule are
exempt from the procedures of the Regulatory Flexibility Act because
the rule is issued without opportunity for prior notice and opportunity
for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 30, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 648 is corrected
by making the following correcting amendments:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, the definition for ``Category 1 herring vessel'' is
revised to read as follows:
Sec. 648.2 Definitions.
* * * * *
Category 1 herring vessel means a vessel issued a permit to fish
for Atlantic herring that is required to have an operable VMS unit
installed on board pursuant to Sec. 648.205(b).
* * * * *
0
3. In Sec. 648.14, paragraph (a) (166) was added at 70 FR 35047, June
16, 2005. In Sec. 648.14, paragraph (a)(166) is revised and paragraph
(a)(169) is added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(166) Fish for, harvest, catch, possess, or attempt to fish for,
harvest, catch, or possess any bivalve shellfish, including Atlantic
surfclams, ocean quahogs, and mussels, with the exception of sea
scallops harvested only for adductor muscles and shucked at sea, or a
vessel issued and possessing on board a Letter of Authorization from
the Regional Administrator authorizing the collection of shellfish for
biological sampling and operating under the terms and conditions of
said Letter, in the area of the U.S. Exclusive Economic Zone bound by
the following coordinates in the order stated: (1) 43[deg]00' N. lat.,
71[deg]00' W. long.; (2) 43[deg]00' N. lat., 69[deg]00' W. long.; (3)
40[deg]00' N. lat., 69[deg]00' W. long.; (4) 40[deg]00' N. lat.,
71[deg]00' W. long., and then ending at the first point.
* * * * *
(169) Sell, purchase, receive, trade, barter, or transfer haddock,
or attempt to sell, purchase, receive, trade, barter, or transfer
haddock for, or intended for, human consumption landed by a Category 1
herring vessel as defined in Sec. 648.2.
* * * * *
[FR Doc. 05-13357 Filed 7-1-05; 3:07 pm]
BILLING CODE 3510-22-S