Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer, 60449-60450 [05-20829]
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Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations
(b) Repayment. Loan funds become
due and payable in accordance with the
terms and conditions of the Promissory
Note. The note shall include the
following provisions:
(1) The term of a loan made under this
program is 5 years, unless extended by
the Associate Director. Interest will
accrue on outstanding cash from the
actual date of its disbursement by FEMA
or FEMA’s designated Disbursing
Agency.
(2) The interest amount due will be
computed separately for each Treasury
disbursement as follows: I = P X R X
T, where I = the amount of simple
interest, P = the principal amount
disbursed; R = the interest rate of the
loan; and, T = the outstanding term in
years from the date of disbursement to
date of repayment, with periods less
than 1 year computed on the basis of
365 days/year.
(3) Each payment made against the
loan will be applied first to the interest
computed to the date of the payment,
and then to the principal. Prepayments
of scheduled installments, or any
portion thereof, may be made at any
time and shall be applied to the
installments last to become due under
the loan and shall not affect the
obligation of the borrower to pay the
remaining installments.
(4) The Associate Director may defer
payments of principal and interest for
up to five years. However, interest will
continue to accrue.
(5) Any costs incurred by the Federal
Government in collecting the note shall
be added to the unpaid balance of the
loan, bear interest at the same rate as the
loan, and be immediately due without
demand.
(6) In the event of default on this note
by the borrower, the FEMA claims
collection officer will take action to
recover the outstanding principal plus
related interest under Federal debt
collection authorities, including
administrative offset against other
Federal funds due the borrower and/or
referral to the Department of Justice for
judicial enforcement and collection.
(c) Additional time. In unusual
circumstances involving financial
hardship, the local government may
request an additional period of time
beyond the original 10 year term to
repay the indebtedness. Such request
may be approved by the Associate
Director subject to the following
conditions:
(1) The local government must submit
documented evidence that it has
applied for the same credit elsewhere
and that such credit is not available at
VerDate Aug<31>2005
16:44 Oct 17, 2005
Jkt 208001
a rate equivalent to the current Treasury
rate.
(2) The principal amount shall be the
original principal plus related interest
less any payments made.
(3) The interest rate shall be the
Treasury rate in effect at the time the
new Promissory Note is executed but in
no case less than the original interest
rate. A reduced rate may not be applied
if was it was not previously applied to
the loan.
(4) The term of the new Promissory
Note shall be for the settlement period
requested by the local government but
not greater than 10 years from the date
the new note is executed.
§ § 206.378—206.389
[Reserved]
Dated: October 14, 2005.
R. David Paulison,
Acting Director, Emergency Preparedness and
Response, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 05–20920 Filed 10–17–05; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 041110317–4364–02; I.D.
053105F]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
SUMMARY: NMFS announces that it has
approved the request of the State of New
Jersey to transfer 36,333 lb (16,481 kg)
of commercial summer flounder quota
to the states of Maine, Connecticut, and
New York, and the Commonwealth of
Massachusetts, in accordance with the
Atlantic States Marine Fisheries
Commission (ASMFC) Addendum XV to
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
(FMP). By this action, NMFS adjusts the
quotas and announces the revised
commercial quota for each state
involved.
DATES: Effective October 13, 2005
through December 31, 2005, unless
NMFS publishes a superseding
document in the Federal Register.
PO 00000
Frm 00045
Fmt 4700
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60449
FOR FURTHER INFORMATION CONTACT:
Mike Ruccio, Fishery Management
Specialist, (978) 281–9104, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from North Carolina through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.100.
The ASMFC adopted Addendum XV
to the FMP in November 2004. The
Addendum is being implemented under
the adaptive management and
framework procedures that are part of
the FMP. Addendum XV establishes a
program, for 2005 and 2006, that
allocates the increase in commercial
summer flounder quota (from the 2004
amount) differently than the existing
allocation scheme, in order to reduce
the amount of fish that must be
discarded as bycatch in the commercial
fishery in states with relatively low
summer flounder quotas. The transfer of
quota from donor states will allow
recipient states to marginally increase
trip limits, thereby decreasing the
amount of summer flounder discarded
at sea.
The final rule implementing
Amendment 5 to the FMP (December
17, 1993; 58 FR 65936) provided a
mechanism for summer flounder quota
to be transferred from one state to
another. Two or more states, under
mutual agreement and with the
concurrence of the Administrator,
Northeast Region, NMFS (Regional
Administrator), can transfer or combine
summer flounder commercial quota
under § 648.100(d). The Regional
Administrator is required to consider
the criteria set forth in § 648.100(d)(3) in
the evaluation of requests for quota
transfers or combinations. The Regional
Administrator has reviewed those
criteria and approved the quota transfer
requests submitted by the State of New
Jersey.
Consistent with Addendum XV, New
Jersey, a designated ‘‘donor state,’’ has
voluntarily employed the quota transfer
provisions of the FMP to transfer a total
of 36,333 lb (16,481 kg) to be allocated
as follows: Maine 999 lb (453 kg);
Massachusetts 10,957 lb (4,970 kg);
Connecticut 13,965 lb (6,335 kg); and
New York 10,412 lb (4,723 kg)(see Table
1).
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18OCR1
60450
Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations
TABLE 1. SUMMER FLOUNDER COMMERCIAL QUOTA TRANSFERS
2005 Quota1
Amount Transferred
2005 Revised Quota
State
lb
kg
lb
kg
lb
kg
-36,333
-16,481
3,005,481
1,363,286
2,969,148
1,346,806
+999
+453
12,396
5,623
13,395
6,076
Massachusetts
+10,957
+4,970
1,219,773
553,289
1,230,730
558,259
Connecticut
+13,965
+6,335
459,408
208,387
473,373
214,722
New York
+10,412
+4,723
1,414,282
641,518
1,424,694
646,241
New Jersey
Maine
1Reflects
quotas as published on June 21, 2005 (70 FR 35557), inclusive of previous Addendum XV and ‘‘safe harbor’’ transfers.
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–20829 Filed 10–13–05; 3:01 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Effective October 18, 2005,
through December 31, 2005. Comments
must be received by November 17, 2005.
DATES:
50 CFR Part 648
[Docket No. 050613158–5262–03; I.D.
090105A]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States;
Emergency Fishery Closure Due to the
Presence of the Toxin That Causes
Paralytic Shellfish Poisoning
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action.
AGENCY:
SUMMARY: This action reinstates the
temporary regulations published in the
Federal Register on September 9, 2005,
and establishes the prohibition that was
inadvertently omitted in the September
9, 2005 rule. In the September 9, 2005,
temporary rule, NMFS continued the
closure through September 30, 2005, of
one portion of an area it had previously
closed on June 16, 2005, to the harvest
for human consumption of certain
bivalve molluscan shellfish due to the
presence in those waters of the toxin
16:44 Oct 17, 2005
Jkt 208001
Comments may be
submitted by any of the following
methods:
• E-mail: PSPclosure2@NOAA.gov.
Include the subject line the following:
‘‘Comments on the October Emergency
Rule for Area closures Due to PSP.’’
• 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 October PSP closure.’’
• Fax:(978) 281–9135.
Copies of the small entity compliance
guide prepared for the September 9,
2005, emergency action are available
from Patricia A. Kurkul, Regional
Administrator, National Marine
Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930. The small entity
compliance guide/permit holder letter is
also accessible via the Internet at https://
www.nero.noaa.gov. Copies of the
emergency rule are available from
Patricia A. Kurkul, at the mailing
address specified above.
ADDRESSES:
RIN 0648–AT48
VerDate Aug<31>2005
that causes Paralytic Shellfish Poisoning
(PSP). The prohibition of harvesting
whole or roe-on sea scallops, only, in
the other portion of the area previously
closed on June 16, 2005, was
inadvertently omitted from the
regulatory text of the September 9, 2005,
publication. NMFS establishes this
prohibition in this action. The intent of
this action is to respond to the request
of the U.S. Food and Drug
Administration (FDA), having
determined on September 23, 2005, that
there is insufficient analytical data to
support the scheduled reopening of the
entire area to all bivalve molluscan
shellfish fishing on October 1, 2005.
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
E.
Martin Jaffe, Fishery Policy Analyst,
(978) 281–9272.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Toxic algal blooms are responsible for
the marine toxin that causes PSP in
persons consuming affected shellfish.
People have become seriously ill and
some have died from consuming
affected shellfish under similar
circumstances.
On June 10, 2005, the FDA requested
that NMFS issue an emergency rule to
close an area of Federal waters to the
harvesting of bivalve molluscan
shellfish intended for human
consumption because of toxic algal
blooms off the coasts of New Hampshire
and Massachusetts. This closure
prohibited harvests of shellfish such as
Atlantic surfclams and ocean quahogs,
as well as scallop viscera. The
emergency rule for the action, published
in the Federal Register on June 16, 2005
(70 FR 35047), stated it would be in
effect from June 14 through September
30, 2005, unless extended. The
emergency rule was modified on July 7,
2005 (70 FR 39192) to allow for the
collection of biological samples by
commercial fishing vessels issued a
Letter of Authorization signed by the
Regional Administrator.
The action temporarily closed all
Federal waters of the Exclusive
Economic Zone of the northeastern
United States to any bivalve molluscan
shellfish harvesting, except for Atlantic
sea scallops shucked at sea for their
adductor muscles, in the area 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. The scallop
adductor muscle, or ‘‘meat,’’ is
unaffected by the toxin. Further details
of the original closure may be found in
the June 16, 2005, and the July 7, 2005,
E:\FR\FM\18OCR1.SGM
18OCR1
]]>Agencies
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Rules and Regulations]
[Pages 60449-60450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 041110317-4364-02; I.D. 053105F]
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Quota Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that it has approved the request of the State
of New Jersey to transfer 36,333 lb (16,481 kg) of commercial summer
flounder quota to the states of Maine, Connecticut, and New York, and
the Commonwealth of Massachusetts, in accordance with the Atlantic
States Marine Fisheries Commission (ASMFC) Addendum XV to the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). By
this action, NMFS adjusts the quotas and announces the revised
commercial quota for each state involved.
DATES: Effective October 13, 2005 through December 31, 2005, unless
NMFS publishes a superseding document in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Mike Ruccio, Fishery Management
Specialist, (978) 281-9104, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder
fishery are found at 50 CFR part 648. The regulations require annual
specification of a commercial quota that is apportioned among the
coastal states from North Carolina through Maine. The process to set
the annual commercial quota and the percent allocated to each state are
described in Sec. 648.100.
The ASMFC adopted Addendum XV to the FMP in November 2004. The
Addendum is being implemented under the adaptive management and
framework procedures that are part of the FMP. Addendum XV establishes
a program, for 2005 and 2006, that allocates the increase in commercial
summer flounder quota (from the 2004 amount) differently than the
existing allocation scheme, in order to reduce the amount of fish that
must be discarded as bycatch in the commercial fishery in states with
relatively low summer flounder quotas. The transfer of quota from donor
states will allow recipient states to marginally increase trip limits,
thereby decreasing the amount of summer flounder discarded at sea.
The final rule implementing Amendment 5 to the FMP (December 17,
1993; 58 FR 65936) provided a mechanism for summer flounder quota to be
transferred from one state to another. Two or more states, under mutual
agreement and with the concurrence of the Administrator, Northeast
Region, NMFS (Regional Administrator), can transfer or combine summer
flounder commercial quota under Sec. 648.100(d). The Regional
Administrator is required to consider the criteria set forth in Sec.
648.100(d)(3) in the evaluation of requests for quota transfers or
combinations. The Regional Administrator has reviewed those criteria
and approved the quota transfer requests submitted by the State of New
Jersey.
Consistent with Addendum XV, New Jersey, a designated ``donor
state,'' has voluntarily employed the quota transfer provisions of the
FMP to transfer a total of 36,333 lb (16,481 kg) to be allocated as
follows: Maine 999 lb (453 kg); Massachusetts 10,957 lb (4,970 kg);
Connecticut 13,965 lb (6,335 kg); and New York 10,412 lb (4,723 kg)(see
Table 1).
[[Page 60450]]
Table 1. Summer Flounder Commercial Quota Transfers
------------------------------------------------------------------------
Amount 2005 2005 Revised
Transferred Quota\1\ Quota
State ------------------------------------------
lb kg lb kg lb kg
------------------------------------------------------------------------
New Jersey -36,33 -16,4 3,005 1,363 2,969 1,346
3 81 ,481 ,286 ,148 ,806
------------------------------------------------------------------------
Maine +999 +453 12,39 5,623 13,39 6,076
6 5
------------------------------------------------------------------------
Massachusetts +10,95 +4,97 1,219 553,2 1,230 558,2
7 0 ,773 89 ,730 59
------------------------------------------------------------------------
Connecticut +13,96 +6,33 459,4 208,3 473,3 214,7
5 5 08 87 73 22
------------------------------------------------------------------------
New York +10,41 +4,72 1,414 641,5 1,424 646,2
2 3 ,282 18 ,694 41
------------------------------------------------------------------------
\1\Reflects quotas as published on June 21, 2005 (70 FR 35557),
inclusive of previous Addendum XV and ``safe harbor'' transfers.
Classification
This action is taken under 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-20829 Filed 10-13-05; 3:01 pm]
BILLING CODE 3510-22-S
