Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area, 54656-54657 [05-18443]

Download as PDF 54656 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations programs business, Reporting and recordkeeping requirements. Dated: September 13, 2005. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons in the preamble, the National Marine Fisheries Service amends 50 CFR part 600 as follows: I PART 600—MAGNUSON-STEVENS ACT PROVISIONS 1. The authority citation for part 600 continues to read as follows: I Authority: 5 U.S.C. 561, 16 U.S.C. 1801 et seq., 16 U.S.C. 1861a(b) through (e), 46 App. U.S.C. 1279f and 1279g, section 144(d) of Division B of Pub. L. 106–554, section 2201 of Pub. L. 107–20, section 205 of Pub. L. 107– 117, Pub. L. 107–206, and Pub. L. 108–7. 2. Section 600.1104 text is added to read as follows: I § 600.1104 Bering Sea and Aleutian Islands (BSAI) crab species fee payment and collection system. (a) Purpose. As authorized by Public Law 106–554, this section’s purpose is to: (1) In accordance with § 600.1012 of subpart L, establish: (i) The borrower’s obligation to repay a reduction loan, and (ii) The loan’s principal amount, interest rate, and repayment term; and (2) In accordance with § 600.1013 through § 600.1016 of subpart L, implement an industry fee system for the reduction fishery. (b) Definitions. Unless otherwise defined in this section, the terms defined in § 600.1000 of subpart L and § 600.1103 of this subpart expressly apply to this section. The following terms have the following meanings for the purpose of this section: Crab rationalization crab means the same as in § 680.2 of this chapter. Crab rationalization fisheries means the same as in § 680.2 of this chapter. Reduction endorsement fishery means any of the seven fisheries that § 679.2 of this chapter formerly (before adoption of part 680 of this chapter) defined as crab area/species endorsements, except the area/species endorsement for Norton Sound red king. More specifically, the reduction endorsement fisheries, and the crab rationalization fisheries which (after adoption of part 680 of this chapter) correspond to the reduction endorsement fisheries, are: (1) Bristol Bay red king (the corresponding crab rationalization fishery is Bristol Bay red king crab), (2) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi (the VerDate Aug<31>2005 15:20 Sep 15, 2005 Jkt 205001 corresponding crab rationalization fisheries are two separate fisheries, one for Bering Sea snow crab and another for Bering Sea Tanner crab), (3) Aleutian Islands brown king (the corresponding crab rationalization fisheries are the two separate fisheries, one for Eastern Aleutian Islands golden king crab and another for Western Aleutian Islands golden king crab), (4) Aleutian Islands red king (the corresponding crab rationalization fishery is Western Aleutian Islands red king crab), (5) Pribilof red king and Pribilof blue king (the corresponding crab rationalization fishery is Pribilof red king and blue king crab), and (6) St. Matthew blue king (the corresponding crab rationalization fishery is also St. Matthew blue king crab). Reduction fishery means the fishery for all crab rationalization crab in all crab rationalization fisheries. Subamount means the portion of the reduction loan amount for whose repayment the borrower in each reduction endorsement fishery is obligated. (c) Reduction loan amount. The reduction loan’s original principal amount is $97,399,357.11. (d) Sub-amounts. The sub-amounts are: January 19, 2005, but each fee shall continue indefinitely for as long as necessary to fully repay each subamount. (h) Reduction loan repayment. (1) The borrower shall, in accordance with § 600.1012, repay the reduction loan; (2) Fish sellers in each reduction endorsement fishery shall, in accordance with § 600.1013, pay the fee at the rate applicable to each such fishery’s subamount; (3) Fish buyers in each reduction endorsement fishery shall, in accordance with § 600.1013, collect the fee at the rate applicable to each such fishery; (4) Fish buyers in each reduction endorsement fishery shall, in accordance with § 600.1014, deposit and disburse, as well as keep records for and submit reports about, the fees applicable to each such fishery; and, (5) The reduction loan is, in all other respects, subject to the provisions of § 600.1012 through § 600.1017. [FR Doc. 05–18444 Filed 9–15–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 (1) For Bristol Bay red king, $17,129,957.23; [Docket No. 041126332–5039–02; I.D. 091205A] (2) For Bering Sea and Aleutian Islands Area C. opilio and C. bairdi, $66,410,767.20; Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area (3) For Aleutian Islands brown king, $6,380,837.19; (4) For Aleutian Islands red king, $237,588.04; (5) For Pribilof red king and Pribilof blue king, $1,571,216.35; and (6) For St. Matthew blue king, $5,668,991.10. (e) Interest accrual from inception. Interest began accruing on each portion of the reduction loan amount on and from the date on which NMFS disbursed each such portion. (f) Interest rate. The reduction loan’s interest rate shall be the applicable rate which the U.S. Treasury determines at the end of fiscal year 2005 plus 2 percent. (g) Repayment term. For the purpose of determining fee rates, the reduction loan’s repayment term is 30 years from PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; apportionment of reserves; request for comments. AGENCY: SUMMARY: NMFS apportions amounts of the non-specified reserve of groundfish to the yellowfin sole initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI. DATES: Effective September 16, 2005 through 2400 hrs, Alaska local time, December 31, 2005. Comments must be received at the following address no later than 4:30 p.m., Alaska local time, September 28, 2005. E:\FR\FM\16SER1.SGM 16SER1 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by: • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska; • Fax to 907–586–7557; • E-mail to bsairelys2@noaa.gov and include in the subject line of the e-mail comment the document identifier: bsairelys; or • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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. ADDRESSES: VerDate Aug<31>2005 15:20 Sep 15, 2005 Jkt 205001 The 2005 ITAC of yellowfin sole in the BSAI was established as 83,883 metric tons by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005) and the release of non-specified reserves on July 28, 2005 (70 FR 43644, July 28, 2005). The Administrator, Alaska Region, NMFS, has determined that the ITAC for yellowfin sole in the BSAI needs to be supplemented from the non-specified reserve in order to continue operations. Therefore, in accordance with § 679.20(b)(3), NMFS apportions 3,500 metric tons from the non-specified reserve of groundfish to the yellowfin sole ITAC in the BSAI. This apportionment is consistent with § 679.20(b)(1)(ii) and does not result in overfishing of a target species because the revised ITAC is equal to or less than the specification of the acceptable biological catch (70 FR 8979, February 24, 2005). 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) and 679.20(b)(3)(iii)(A) PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 54657 as such a 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 apportionment of the non-specified reserves of groundfish to the yellowfin sole fishery. NMFS was unable to publish a action providing time for public comment because the most recent, relevant data only became available as of August 24, 2005. 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. Under 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES) until September 28, 2005. This action is required by 50 CFR 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801, et seq. Dated: September 12, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–18443 Filed 9–13–05; 1:23 pm] BILLING CODE 3510–22–S E:\FR\FM\16SER1.SGM 16SER1

Agencies

[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Rules and Regulations]
[Pages 54656-54657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18443]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 091205A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish to the yellowfin sole initial total allowable catch (ITAC) 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the fishery to continue operating. It is 
intended to promote the goals and objectives of the fishery management 
plan for the BSAI.

DATES: Effective September 16, 2005 through 2400 hrs, Alaska local 
time, December 31, 2005. Comments must be received at the following 
address no later than 4:30 p.m., Alaska local time, September 28, 2005.

[[Page 54657]]


ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     Fax to 907-586-7557;
     E-mail to bsairelys2@noaa.gov and include in the subject 
line of the e-mail comment the document identifier: bsairelys; or
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 ITAC of yellowfin sole in the BSAI was established as 
83,883 metric tons by the 2005 and 2006 final harvest specifications 
for groundfish in the BSAI (70 FR 8979, February 24, 2005) and the 
release of non-specified reserves on July 28, 2005 (70 FR 43644, July 
28, 2005). The Administrator, Alaska Region, NMFS, has determined that 
the ITAC for yellowfin sole in the BSAI needs to be supplemented from 
the non-specified reserve in order to continue operations.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
3,500 metric tons from the non-specified reserve of groundfish to the 
yellowfin sole ITAC in the BSAI. This apportionment is consistent with 
Sec.  679.20(b)(1)(ii) and does not result in overfishing of a target 
species because the revised ITAC is equal to or less than the 
specification of the acceptable biological catch (70 FR 8979, February 
24, 2005).

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) and 679.20(b)(3)(iii)(A) as such a 
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 apportionment of the non-specified 
reserves of groundfish to the yellowfin sole fishery. NMFS was unable 
to publish a action providing time for public comment because the most 
recent, relevant data only became available as of August 24, 2005.
    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.
    Under 679.20(b)(3)(iii), interested persons are invited to submit 
written comments on this action (see ADDRESSES) until September 28, 
2005.
    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-18443 Filed 9-13-05; 1:23 pm]
BILLING CODE 3510-22-S