Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2005 Winter II Quota; Correction, 57802-57803 [05-19879]

Download as PDF 57802 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations Issued: September 29, 2005. Jacqueline Glassman, Deputy Administrator. [FR Doc. 05–19843 Filed 10–3–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [I.D. 092605B] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2005 Shallow-Water Grouper Commercial Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS has determined that the red grouper quota for the commercial fishery will have been reached by October 10, 2005, and therefore closes the commercial fishery for shallow-water grouper (red, black, gag, scamp, yellowfin, yellowmouth, rock hind, and red hind) in the exclusive economic zone (EEZ) of the Gulf of Mexico. The existing regulations require closure of the entire shallowwater grouper commercial fishery when either the red grouper quota or the shallow-water grouper quota is reached or is projected to be reached. This closure is necessary to protect the shallow-water grouper resource. DATES: Closure is effective 12:01 a.m., local time, October 10, 2005, until 12:01 a.m., local time, on January 1, 2006. FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727–824–5305, fax 727–824–5308, e-mail Jason.Rueter@noaa.gov. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those regulations set the commercial quota for red grouper in the Gulf of Mexico at 5.31 million lb (2,413,636 kg) for the current fishing year, January 1 through December 31, 2005. Those regulations also require SUMMARY: VerDate Aug<31>2005 16:33 Oct 03, 2005 Jkt 208002 notice and opportunity for public comment is contrary to the public interest because it requires time during which harvest would likely exceed the quota. Similarly, there is a need to implement this measure in a timely fashion to prevent an overage of the commercial quota of Gulf red grouper, given the capacity of the fishing fleet to exceed the quota quickly. Any delay in implementing this action would be impractical and contrary to the Magnuson-Stevens Act, the FMP, and the public interest. For these reasons, NMFS finds good cause that the implementation of this action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d)(3), a delay in the effective date is waived. closure of the entire shallow-water grouper commercial fishery when either the red grouper quota or the shallowwater grouper quota is reached. Under 50 CFR 622.43(a), NMFS is required to close the commercial fishery for a species or species group when the quota for that species or species group is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. Based on current statistics, NMFS has determined the available commercial quota of 5.31 million lb (2,413,636 kg) for red grouper will be reached on or before October 10, 2005. Accordingly, NMFS is closing the commercial shallow-water grouper fishery in the Gulf of Mexico EEZ from 12:01 a.m., local time, on October 10, 2005, until 12:01 a.m., local time, on January 1, 2006. The operator of a vessel with a valid reef fish permit having shallowwater grouper aboard must have landed and bartered, traded, or sold such shallow-water grouper prior to 12:01 a.m., local time, October 10, 2005. During the closure: (1) the sale or purchase of shallow-water grouper taken from the EEZ is prohibited; (2) when the recreational grouper fishery is open, the bag and possession limits specified in 50 CFR 622.39(b) apply to all harvest or possession of red grouper and shallow-water grouper in or from the Gulf of Mexico EEZ; and (3) when the recreational grouper fishery is closed, all harvest or possession of grouper in or from the Gulf EEZ is prohibited. The prohibition on sale or purchase does not apply to sale or purchase of red grouper or shallowwater grouper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, October 10, 2005, and were held in cold storage by a dealer or processor. Dated: September 28, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–19849 Filed 9–29–05; 2:43 pm] Classification This action is required under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds the need to immediately implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Allowing prior SUMMARY: NMFS published a temporary rule in the Federal Register on August 2, 2005, to adjust the 2005 Winter II commercial scup quota and possession limit. NMFS has since received information that a substantial amount of scup landed during the 2005 Winter I period were misreported as porgies via the Electronic Dealer Reporting System. This action corrects the adjusted 2005 Winter II commercial scup quota and possession limit. DATES: This rule is effective November 1, 2005, through December 31, 2005. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy Analyst, (978) 281–9279. SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal Register on November 3, 2003 (68 FR 62250) implementing a process for years PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 030912231; I.D. 071905B] Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2005 Winter II Quota; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: E:\FR\FM\04OCR1.SGM 04OCR1 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations in which the full Winter I commercial scup quota is not harvested, to: allow unused quota from the Winter I period to be added to the quota for the Winter II period, and allow adjustment of the commercial possession limits for the Winter II period commensurate with the amount of quota rolled over from the Winter I period. Table 5 of the final 2005 quota specifications for summer flounder, scup, and black sea bass (70 FR 303, January 4, 2005) presented detailed information regarding Winter II possession limits, based on the amount of scup to be rolled over from Winter I to Winter II. On August 2, 2005 (70 FR 44291), NMFS published a temporary rule in the Federal Register, transferring 2,223,502 lb (1,008,564 kg) of unused 2005 Winter I scup commercial quota to the 2005 Winter II period, resulting in an adjusted 2005 Winter II commercial scup quota and possession limit of 4,173,464 lb (1,893,051 kg) and 3,500 lb (1,588 kg), respectively. Since then, NMFS has determined that 291,135 lb (132,057 kg) of scup landed during the 2005 Winter I period were misreported as unclassified porgies or red porgies via the Electronic Dealer Reporting System, and has properly accounted for those landings as scup. The initial 2005 Winter II quota, as established in the final 2005 quota specifications (70 FR 303, January 4, 2005) is 1,949,962 lb (884,488 kg). Including updates in addition to those described above, the best available landings information as of September 18, 2005, indicates that 1,835,953 lb (832,774 kg) remain of the Winter I quota of 5,518,367 lb (2,503,089 kg). Consistent with the final rule to implement Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (68 FR 62250, November 3, 2003), the full amount of unused 2005 Winter I quota is transferred to Winter II, resulting in a revised 2005 Winter II quota of 3,785,915 lb (1,717,262 kg). Consistent with the rollover specifications established in the 2005 final specifications (70 FR 303, January 4, 2005), the 2005 Winter II possession limit is adjusted to 3,000 lb (1,361 kg) per trip to provide an appropriate opportunity for fishing vessels to obtain the adjusted Winter II quota. VerDate Aug<31>2005 16:33 Oct 03, 2005 Jkt 208002 Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 28, 2005 Alan D. Risenhoover, Acting Director , Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–19879 Filed 10–3–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126332–5040–02; I.D. 092805E] Fisheries of the Economic Exclusive Zone Off Alaska; Trawl Gear in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is closing directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), except for directed fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock. This action is necessary because the 2005 Pacific halibut prohibited species catch (PSC) limit specified for trawl gear in the GOA has been caught. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2005, until 2400 hrs, A.l.t., December 31, 2005. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens 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 Pacific halibut PSC limit for vessels using trawl gear is 2,000 metric PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 57803 tons as established by the 2005 and 2006 harvest specifications for groundfish of the GOA (70 FR 8958, February 24, 2005). The Administrator, Alaska Region, has determined, in accordance with § 679.21(d)(7)(i), that vessels engaged in directed fishing for groundfish with trawl gear in the GOA have caught the 2005 Pacific halibut PSC limit. Therefore, NMFS is closing directed fishing for groundfish by vessels using trawl gear in the GOA, except for directed fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA that remain open to directed fishing for pollock. After the effective date of this closure the maximum retainable amounts at §§ 679.20(e) and (f) apply at any time during a trip. 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 closure of directed fishing for groundfish with trawl gear in the GOA. NMFS was unable to publish an action providing time for public comment because the most recent, relevant data only became available as of September 26, 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. This action is required by § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 28, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–19850 Filed 9–29–05; 2:43 pm] BILLING CODE 3510–22–S E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Rules and Regulations]
[Pages 57802-57803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19879]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030912231; I.D. 071905B]


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2005 Winter II Quota; Correction

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS published a temporary rule in the Federal Register on 
August 2, 2005, to adjust the 2005 Winter II commercial scup quota and 
possession limit. NMFS has since received information that a 
substantial amount of scup landed during the 2005 Winter I period were 
misreported as porgies via the Electronic Dealer Reporting System. This 
action corrects the adjusted 2005 Winter II commercial scup quota and 
possession limit.

DATES: This rule is effective November 1, 2005, through December 31, 
2005.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy 
Analyst, (978) 281-9279.

SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal 
Register on November 3, 2003 (68 FR 62250) implementing a process for 
years

[[Page 57803]]

in which the full Winter I commercial scup quota is not harvested, to: 
allow unused quota from the Winter I period to be added to the quota 
for the Winter II period, and allow adjustment of the commercial 
possession limits for the Winter II period commensurate with the amount 
of quota rolled over from the Winter I period. Table 5 of the final 
2005 quota specifications for summer flounder, scup, and black sea bass 
(70 FR 303, January 4, 2005) presented detailed information regarding 
Winter II possession limits, based on the amount of scup to be rolled 
over from Winter I to Winter II.
    On August 2, 2005 (70 FR 44291), NMFS published a temporary rule in 
the Federal Register, transferring 2,223,502 lb (1,008,564 kg) of 
unused 2005 Winter I scup commercial quota to the 2005 Winter II 
period, resulting in an adjusted 2005 Winter II commercial scup quota 
and possession limit of 4,173,464 lb (1,893,051 kg) and 3,500 lb (1,588 
kg), respectively. Since then, NMFS has determined that 291,135 lb 
(132,057 kg) of scup landed during the 2005 Winter I period were 
misreported as unclassified porgies or red porgies via the Electronic 
Dealer Reporting System, and has properly accounted for those landings 
as scup. The initial 2005 Winter II quota, as established in the final 
2005 quota specifications (70 FR 303, January 4, 2005) is 1,949,962 lb 
(884,488 kg). Including updates in addition to those described above, 
the best available landings information as of September 18, 2005, 
indicates that 1,835,953 lb (832,774 kg) remain of the Winter I quota 
of 5,518,367 lb (2,503,089 kg). Consistent with the final rule to 
implement Framework Adjustment 3 to the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (68 FR 62250, November 3, 2003), 
the full amount of unused 2005 Winter I quota is transferred to Winter 
II, resulting in a revised 2005 Winter II quota of 3,785,915 lb 
(1,717,262 kg). Consistent with the rollover specifications established 
in the 2005 final specifications (70 FR 303, January 4, 2005), the 2005 
Winter II possession limit is adjusted to 3,000 lb (1,361 kg) per trip 
to provide an appropriate opportunity for fishing vessels to obtain the 
adjusted Winter II quota.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: September 28, 2005
Alan D. Risenhoover,
Acting Director , Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-19879 Filed 10-3-05; 8:45 am]
BILLING CODE 3510-22-S
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