Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for the Shore-based Sector and the Resumption of Trip Limits, 48897-48898 [05-16608]
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Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations
Regulation Correction
For reasons set forth in the preamble,
we correct 50 CFR 17.44 by making the
following correcting amendments:
I
PART 17—[CORRECTED]
1. The authority citation for part 17
continues to read as follows:
I
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
2. Amend § 17.44 as follows:
a. In paragraph (y)(2)(i) in the first
sentence, remove the word ‘‘paragraph’’
and add the word ‘‘paragraphs’’ in its
place.
I b. In paragraph (y)(2)(ii) in the first
sentence, remove the word ‘‘paragraphs’’
and add the word ‘‘paragraph’’ in its
place and add a comma after the word
‘‘re-export’’ the second time it appears.
I c. In paragraph (y)(3)(i) in the sentence
following the introductory sentence, add
the words ‘‘of this section’’ before the
closing parenthesis at the end of the
sentence.
I d. In paragraph (y)(3)(i)(A) at the
beginning of the first sentence, remove
the word ‘‘Any’’ and add the words
‘‘Except for caviar contained in
cosmetics, any’’ in its place.
I e. In paragraph (y)(3)(ii)(B)(2) remove
the words ‘‘through (E)’’ and add the
words ‘‘and (D)’’ in its place.
I f. In paragraph (y)(4)(i) in the heading,
italicize the words ‘‘Basin-wide’’.
I g. In paragraph (y)(4)(ii) in the second
sentence, remove the words ‘‘basin-wide
management plans’’ and add the words
‘‘national laws and regulations’’ in their
place.
I h. In paragraph (y)(4)(iii) in the second
sentence, remove the words ‘‘Service
(see FOR FURTHER INFORMATION CONTACT
above)’’ and add the words ‘‘Division of
Management Authority, Branch of
Permits’International, U.S. Fish and
Wildlife Service, 4401 North Fairfax
Drive, Room 700, Arlington, VA 22203’’
in their place.
I i. In paragraph (y)(5) introductory text,
revise the last sentence as set forth
below.
I j. In paragraph (y)(5)(iv) in the first
sentence, remove the word ‘‘this’’ before
the word ‘‘paragraph’’ and add the words
‘‘(y)(5) of this section’’ after the word
‘‘paragraph’’, and in the last sentence,
remove the words ‘‘paragraphs (y)(6)
and’’ and add the word ‘‘paragraph’’ in
their place.
I k. In paragraph (y)(6) in the sentence
following the introductory sentence,
remove the words ‘‘through (iii)’’ and
add the words ‘‘or (ii)’’ in their place.
I l. In paragraph (y)(7) in the first
sentence following the introductory
I
I
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16:02 Aug 19, 2005
Jkt 205001
sentence, remove the words ‘‘and
paragraph (y)(5) for aquaculture
facilities)’’ and add the words ‘‘and, for
aquaculture facilities, as per paragraph
(y)(5)(iv) of this section)’’ in their place.
I m. In paragraph (y)(7)(i), remove the
word ‘‘may’’ and add the word ‘‘will’’ in
its place.
I n. In paragraph (y)(7)(i)(A), remove the
word ‘‘above’’ and add the words ‘‘in
paragraph (y)(4) of this section’’ in its
place.
I o. In paragraph (y)(7)(i)(J), revise the
text as set forth below.
§ 17.44
Special rules—fishes.
*
*
*
*
*
(y) * * *
(5) * * * Facilities outside the littoral
states wishing to obtain such
exemptions must submit a written
request to the Division of Management
Authority, Branch of Permits—
International, U.S. Fish and Wildlife
Service, 4401 N. Fairfax Drive, Room
700, Arlington, VA 22203, and provide
to the Service’s Division of Scientific
Authority, in Room 750 at the same
address, information that shows, at a
minimum, all of the following:
*
*
*
*
*
(7) * * *
(i) * * *
(J) An aquaculture facility outside the
littoral states has been issued a
programmatic exemption from
threatened species permits under
paragraph (y)(5) of this section, but is
not abiding by the provisions of
paragraphs (y)(5)(i) through (iii) of this
section, or, based on the biennial reports
required under paragraph (y)(5) of this
section, has not actively cooperated
with one or more littoral states in a
meaningful way to support beluga
sturgeon conservation.
*
*
*
*
*
Dated: August 4, 2005.
David P. Smith,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 05–16569 Filed 8–19–05; 8:45 am]
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48897
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 040830250–5109–04; I.D.
081605C]
RIN 0648–AS27
Fisheries Off West Coast States and in
the Western Pacific; Pacific Coast
Groundfish Fishery; End of the Pacific
Whiting Primary Season for the Shorebased Sector and the Resumption of
Trip Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishing
restrictions; request for comments.
AGENCY:
SUMMARY: NMFS announces the end of
the 2005 primary season for the Pacific
whiting (whiting) shore-based sector at
2100 local time (l.t.) August 18, 2005,
because the allocation is projected to be
reached. This action is intended to keep
the harvest of whiting at the 2005
allocation levels.
DATES: Effective from 2100 l.t. August
18, 2005, until January 1, 2006.
Comments will be accepted through
September 6, 2005.
ADDRESSES: You may submit comments,
identified by I.D. 0081605C, by any of
the following methods:
• E-mail:
WhitingSBclosure.nwr@noaa.gov.
Include I.D. 081605C in the subject line
of the message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 206–526–6736, Attn: Becky
Renko.
• Mail: D. Robert Lohn, Administrator,
Northwest Region, NMFS, 7600 Sand
Point Way NE, Seattle, WA 98115–0070,
Attn: Becky Renko.
FOR FURTHER INFORMATION CONTACT:
Becky Renko at 206–526–6110.
SUPPLEMENTARY INFORMATION: This
action is authorized by regulations
implementing the Pacific Coast
Groundfish Fishery Management Plan
(FMP), which governs the groundfish
fishery off Washington, Oregon, and
California.
The regulations at 50 CFR 660.323(a)
establish separate allocations for the
catcher/processor, mothership, and
shore-based sectors of the whiting
fishery. For 2005, the 232,069 mt
commercial harvest guideline for
whiting is divided with the catcher/
E:\FR\FM\22AUR1.SGM
22AUR1
48898
Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations
processor sector receiving 78,903 mt (34
percent); the mothership sector
receiving 55,696 mt (24 percent); and
the shore-based sector receiving 97,469
mt (42 percent).
Regulations at 50 CFR 660.373(b)
describe the primary season for each
sector. The primary season for the
shore-based sector is the period(s) when
the large-scale target fishery is
conducted, and when ‘‘per trip’’ limits
are not in effect. Before and after the
primary season, per-trip limits are in
effect for whiting.
The best available information on
August 16, 2005, indicates that 89,406
mt had been taken through August 14,
2005, and that the 97,469 mt shorebased allocation will be reached by 2100
l.t. August 18, 2005. This Federal
Register document announces that the
primary season for the shore-based
sector ends on August 18, 2005, and a
10,000–lb (4,536 kg) trip limit is
imposed as of August 18, 2005. Per-trip
limits are for vessels using large or small
footrope trawl gear and are intended to
accommodate small bait and fresh fish
markets, and bycatch in other fisheries.
To minimize incidental catch of
Chinook salmon by vessels fishing
shoreward of the 100 fm (183 m)
contour in the Eureka area, at any time
VerDate jul<14>2003
16:02 Aug 19, 2005
Jkt 205001
during a fishing trip, a limit of 10,000–
lb (4,536 kg) of whiting is in effect yearround, except when landings of whiting
are prohibited.
NMFS Action
For the reasons stated above, and in
accordance with the regulations at 50
CFR 660.323(b)(3), NMFS herein
announces:
Effective 2100 l.t. August 18, 2005, no
more than 10,000–lb (4,536 kg) of
whiting may be taken and retained,
possessed or landed by any vessel
participating in the shore-based sector
of the whiting fishery, unless otherwise
announced in the Federal Register. If a
vessel fishes shoreward of the 100 fm
(183 m) contour in the Eureka area (43°
- 40°30′ N. lat.) at any time during a
fishing trip, the 10,000–lb (4,536–kg)
trip limit applies, as announced in the
annual management measures at
paragraph IV, B (3)(c)(ii), except when
the whiting fishery is closed.
Authority: 16 U.S.C. 1801 et seq.
Classification
This action is authorized by the
regulations implementing the FMP. The
determination to take this action is
based on the most recent data available.
The Assistant Administrator for
fisheries, NMFS, finds good cause to
PO 00000
Frm 00060
Fmt 4700
waive the requirement to provide prior
notice and opportunity for comment on
this action pursuant to 5 U.S.C.
553(b)(B), because providing prior
notice and opportunity would be
impracticable. It would be impracticable
because if this closure were delayed in
order to provide notice and comment,
the fishery would be expected to greatly
exceed the sector allocation. This would
either result in the entire whiting
optimum yield being exceeded, or in the
allocations for the other sectors being
reduced. Therefore, good cause also
exists to waive the 30-day delay in
effectiveness requirement of 5 U.S.C.
553 (d)(3). The aggregate data upon
which the determination is based are
available for public inspection at the
Office of the Regional Administrator
(see ADDRESSES) during business hours.
This action is taken under the authority
of 50 CFR 660.323(b)(3) and is exempt
from review under Executive Order
12866.
Sfmt 4700
Dated: August 16, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–16608 Filed 8–17–05; 2:42 pm]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48897-48898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16608]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 040830250-5109-04; I.D. 081605C]
RIN 0648-AS27
Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary
Season for the Shore-based Sector and the Resumption of Trip Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; fishing restrictions; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the end of the 2005 primary season for the
Pacific whiting (whiting) shore-based sector at 2100 local time (l.t.)
August 18, 2005, because the allocation is projected to be reached.
This action is intended to keep the harvest of whiting at the 2005
allocation levels.
DATES: Effective from 2100 l.t. August 18, 2005, until January 1, 2006.
Comments will be accepted through September 6, 2005.
ADDRESSES: You may submit comments, identified by I.D. 0081605C, by any
of the following methods:
E-mail: WhitingSBclosure.nwr@noaa.gov. Include I.D.
081605C in the subject line of the message.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 206-526-6736, Attn: Becky Renko.
Mail: D. Robert Lohn, Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Becky
Renko.
FOR FURTHER INFORMATION CONTACT: Becky Renko at 206-526-6110.
SUPPLEMENTARY INFORMATION: This action is authorized by regulations
implementing the Pacific Coast Groundfish Fishery Management Plan
(FMP), which governs the groundfish fishery off Washington, Oregon, and
California.
The regulations at 50 CFR 660.323(a) establish separate allocations
for the catcher/processor, mothership, and shore-based sectors of the
whiting fishery. For 2005, the 232,069 mt commercial harvest guideline
for whiting is divided with the catcher/
[[Page 48898]]
processor sector receiving 78,903 mt (34 percent); the mothership
sector receiving 55,696 mt (24 percent); and the shore-based sector
receiving 97,469 mt (42 percent).
Regulations at 50 CFR 660.373(b) describe the primary season for
each sector. The primary season for the shore-based sector is the
period(s) when the large-scale target fishery is conducted, and when
``per trip'' limits are not in effect. Before and after the primary
season, per-trip limits are in effect for whiting.
The best available information on August 16, 2005, indicates that
89,406 mt had been taken through August 14, 2005, and that the 97,469
mt shore-based allocation will be reached by 2100 l.t. August 18, 2005.
This Federal Register document announces that the primary season for
the shore-based sector ends on August 18, 2005, and a 10,000-lb (4,536
kg) trip limit is imposed as of August 18, 2005. Per-trip limits are
for vessels using large or small footrope trawl gear and are intended
to accommodate small bait and fresh fish markets, and bycatch in other
fisheries. To minimize incidental catch of Chinook salmon by vessels
fishing shoreward of the 100 fm (183 m) contour in the Eureka area, at
any time during a fishing trip, a limit of 10,000-lb (4,536 kg) of
whiting is in effect year-round, except when landings of whiting are
prohibited.
NMFS Action
For the reasons stated above, and in accordance with the
regulations at 50 CFR 660.323(b)(3), NMFS herein announces:
Effective 2100 l.t. August 18, 2005, no more than 10,000-lb (4,536
kg) of whiting may be taken and retained, possessed or landed by any
vessel participating in the shore-based sector of the whiting fishery,
unless otherwise announced in the Federal Register. If a vessel fishes
shoreward of the 100 fm (183 m) contour in the Eureka area (43[deg] -
40[deg]30' N. lat.) at any time during a fishing trip, the 10,000-lb
(4,536-kg) trip limit applies, as announced in the annual management
measures at paragraph IV, B (3)(c)(ii), except when the whiting fishery
is closed.
Classification
This action is authorized by the regulations implementing the FMP.
The determination to take this action is based on the most recent data
available. The Assistant Administrator for fisheries, NMFS, finds good
cause to waive the requirement to provide prior notice and opportunity
for comment on this action pursuant to 5 U.S.C. 553(b)(B), because
providing prior notice and opportunity would be impracticable. It would
be impracticable because if this closure were delayed in order to
provide notice and comment, the fishery would be expected to greatly
exceed the sector allocation. This would either result in the entire
whiting optimum yield being exceeded, or in the allocations for the
other sectors being reduced. Therefore, good cause also exists to waive
the 30-day delay in effectiveness requirement of 5 U.S.C. 553 (d)(3).
The aggregate data upon which the determination is based are available
for public inspection at the Office of the Regional Administrator (see
ADDRESSES) during business hours. This action is taken under the
authority of 50 CFR 660.323(b)(3) and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 16, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-16608 Filed 8-17-05; 2:42 pm]
BILLING CODE 3510-22-S