Fisheries of the Exclusive Economic Zone Off Alaska; Cape Sarichef Research Restriction Area Opening for the Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area, 1697-1699 [06-245]

Download as PDF Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Rules and Regulations Other specific requirements of the SIP revision and the rationale for EPA’s action to grant conditional approval are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is granting conditional approval of West Virginia’s March 31, 2005 SIP revision consisting of West Virginia emergency rule 45CSR1. For West Virginia’s emergency rule 45CSR1 to become fully approvable, the State must, in accordance with its August 15, 2005 commitment, fulfill the following conditions: (1) Adopt a permanent rule that corresponds to emergency rule 45CSR1, but with an effective date prior to the sunset date of the emergency rule, and (2) Submit the permanent rule as a SIP revision to EPA by July 1, 2006. Once West Virginia fulfills these conditions, EPA will conduct rulemaking to convert its conditional approval to a full approval. If the conditions are not fulfilled within the specified time frame, any final conditional approval granted by EPA will convert to a disapproval. IV. Statutory and Executive Order Reviews rmajette on PROD1PC71 with RULES A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal VerDate Aug<31>2005 14:18 Jan 10, 2006 Jkt 208001 Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 1697 ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 13, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action granting conditional approval of West Virginia’s SIP revision to meet Phase II of the NOX SIP Call may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Dated: December 23, 2005. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia 2. Section 52.2522 is amended by adding paragraph (i) to read as follows: I § 52.2522 Approval status. * * * * * (i) EPA is granting conditional approval of West Virginia’s March 31, 2005 SIP revision consisting of West Virginia emergency rule 45CSR1. For West Virginia’s emergency rule 45CSR1 to become fully approvable, the State must, in accordance with its August 15, 2005 commitment, fulfill the following conditions: (1) Adopt a permanent rule that corresponds to emergency rule 45CSR1, but with an effective date prior to the sunset date of the emergency rule, and (2) Submit the permanent rule as a SIP revision to EPA by July 1, 2006. [FR Doc. 06–196 Filed 1–10–06; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\11JAR1.SGM 11JAR1 1698 Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 051017269–6002–02; I.D. 100705C] RIN 0648–AT54 Fisheries of the Exclusive Economic Zone Off Alaska; Cape Sarichef Research Restriction Area Opening for the Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. rmajette on PROD1PC71 with RULES AGENCY: SUMMARY: NMFS issues a final rule to open the Cape Sarichef Research Restriction Area in the Bering Sea and Aleutian Islands Management Area (BSAI) to directed fishing for groundfish using trawl, pot, and hook-and-line gear from March 15, 2006, through March 31, 2006. Because NMFS’ Alaska Fisheries Science Center (AFSC) will not conduct research in this area in 2006, closure of the Cape Sarichef Research Restriction Area is not needed. This action is intended to relieve an unnecessary restriction on groundfish fisheries and allow the optimum utilization of fishery resources, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This final rule also will remove the regulations for the Cape Sarichef Research Restriction Area, and regulations for the Chiniak Gully Research Area because both research projects have ended. DATES: Effective February 10, 2006. ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for the original action closing the area, and dated November 2002, and the Categorical Exclusion and the RIR prepared for this action, are available from: NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802–1668, Attn: Lori Durall; NMFS, Alaska Region, 709 West 9th Street, Room 420A, Juneau, AK; or the NMFS Alaska Region website at www.fakr.noaa.gov. FOR FURTHER INFORMATION CONTACT: Becky Carls, 907–586–7228 or becky.carls@noaa.gov. The groundfish fisheries in the exclusive SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 14:18 Jan 10, 2006 Jkt 208001 economic zone of the BSAI and Gulf of Alaska (GOA) are managed by NMFS under the Fishery Management Plans (FMPs) for Groundfish of the BSAI and Groundfish of the GOA. The FMPs were prepared by the North Pacific Fishery Management Council (Council) under the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMPs appear at 50 CFR parts 600 and 679. Background and Need for Action The background and need for this action were described in the preamble to the proposed rule published in the Federal Register on October 26, 2005 (70 FR 61775). In summary, the final year of a research project in the waters off Cape Sarichef will not be conducted in 2006. Thus, the closure of the study area specified in § 679.22(a)(11) for March 15–31, 2006, will not be needed. Maintaining the closure would unnecessarily restrict the groundfish fisheries because no research will be conducted in this area in 2006. Removing the 2006 trawl, pot, and hook-and-line gear closure will allow vessels participating in groundfish fisheries to harvest their total allowable catch amounts without the operational constraints imposed by the closure. In addition, this regulatory amendment includes a housekeeping measure that removes regulations for the Chiniak Gully Research Area off Kodiak Island, which were applicable through December 31, 2004. Regulatory Amendments In § 679.22, paragraphs (a)(11) and (b)(3) are removed. Also removed is Figure 21 to part 679, which shows the Cape Sarichef Research Restriction Area. Response to Comments The proposed rule for this action was published in the Federal Register on October 26, 2005 (70 FR 61775). NMFS received two letters of comment that contained four separate comments. The comments are summarized and responded to below. Comment 1: This research area should not be opened to more overfishing. Response: This action opens an area to fishing which otherwise would be closed only two weeks in 2006 and does not change the amount of fish authorized to be harvested. Currently, no Alaska groundfish species are considered by NMFS to be overfished, and overfishing is not occurring. Comment 2: Birds are being killed by hook-and-line fishing. Response: Hook-and-line fishing would be allowed in this area, but this PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 action would not change the total amount of fishing activity with hookand-line gear. Hook-and-line fishing must be done in compliance with seabird avoidance regulations at 50 CFR 679.24(e) to reduce the incidental take of seabirds. Comment 3: NOAA must stop commercial fish profiteers from overfishing. Overfishing causes the death of all marine life that needs fish to survive, which is an assault on the environment. Response: This action does not change the amount of fish that may be harvested. None of the Alaska groundfish stocks are overfished or experiencing overfishing. The groundfish fisheries off Alaska are managed using science-based conservation and management practices. NMFS limits the amount of fish that may be harvested in the groundfish fisheries off Alaska by setting annual catch limits based on the best scientific information available about each specific managed stock. In the course of considering catch limits and regulatory changes, NMFS and the Council consider a broad range of alternatives to address biological, environmental, and economic concerns. This process also includes an examination of the potential impacts of alternatives on other marine resources and the environment. This action would result in insignificant impacts on other marine animals as described in the EA/RIR/IRFA prepared for the original action and dated November 2002 (see ADDRESSES). Comment 4: Thank you. With all the other closed areas we have today, it’s nice to have some areas back. Every little bit will help with our rising fuel costs. Response: NMFS notes this support. Changes From the Proposed Rule No changes are made in this final rule from the proposed rule. Classification This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. E:\FR\FM\11JAR1.SGM 11JAR1 Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Rules and Regulations 1699 List of Subjects in 50 CFR Part 679 Alaska, Fisheries, Reporting and recordkeeping requirements. PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA Dated: January 6, 2006. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. I 1. The authority citation for part 679 continues to read as follows: Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 note; 3631 et seq. 3. In part 679, remove and reserve Figure 21 to Part 679—Cape Sarichef Research Restriction Area (Applicable through March 31, 2006). [FR Doc. 06–245 Filed 1–10–06; 8:45 am] For the reasons set out in the preamble, 50 CFR part 679 is amended as follows: § 679.22 rmajette on PROD1PC71 with RULES I VerDate Aug<31>2005 14:18 Jan 10, 2006 Jkt 208001 PART 679—[AMENDED] I BILLING CODE 3510–22–S [Amended] 2. In § 679.22, remove and reserve paragraphs (a)(11) and (b)(3). I PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM 11JAR1

Agencies

[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Rules and Regulations]
[Pages 1697-1699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-245]



[[Page 1698]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 051017269-6002-02; I.D. 100705C]
RIN 0648-AT54


Fisheries of the Exclusive Economic Zone Off Alaska; Cape 
Sarichef Research Restriction Area Opening for the Groundfish Fisheries 
of the Bering Sea and Aleutian Islands Management Area

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues a final rule to open the Cape Sarichef Research 
Restriction Area in the Bering Sea and Aleutian Islands Management Area 
(BSAI) to directed fishing for groundfish using trawl, pot, and hook-
and-line gear from March 15, 2006, through March 31, 2006. Because 
NMFS' Alaska Fisheries Science Center (AFSC) will not conduct research 
in this area in 2006, closure of the Cape Sarichef Research Restriction 
Area is not needed. This action is intended to relieve an unnecessary 
restriction on groundfish fisheries and allow the optimum utilization 
of fishery resources, in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). This final rule 
also will remove the regulations for the Cape Sarichef Research 
Restriction Area, and regulations for the Chiniak Gully Research Area 
because both research projects have ended.

DATES: Effective February 10, 2006.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared 
for the original action closing the area, and dated November 2002, and 
the Categorical Exclusion and the RIR prepared for this action, are 
available from: NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori Durall; NMFS, Alaska Region, 709 West 9th Street, Room 
420A, Juneau, AK; or the NMFS Alaska Region website at 
www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Becky Carls, 907-586-7228 or 
becky.carls@noaa.gov.

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone of the BSAI and Gulf of Alaska (GOA) are managed by NMFS 
under the Fishery Management Plans (FMPs) for Groundfish of the BSAI 
and Groundfish of the GOA. The FMPs were prepared by the North Pacific 
Fishery Management Council (Council) under the Magnuson-Stevens Act, 16 
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and 
implementing the FMPs appear at 50 CFR parts 600 and 679.

Background and Need for Action

    The background and need for this action were described in the 
preamble to the proposed rule published in the Federal Register on 
October 26, 2005 (70 FR 61775). In summary, the final year of a 
research project in the waters off Cape Sarichef will not be conducted 
in 2006. Thus, the closure of the study area specified in Sec.  
679.22(a)(11) for March 15-31, 2006, will not be needed. Maintaining 
the closure would unnecessarily restrict the groundfish fisheries 
because no research will be conducted in this area in 2006. Removing 
the 2006 trawl, pot, and hook-and-line gear closure will allow vessels 
participating in groundfish fisheries to harvest their total allowable 
catch amounts without the operational constraints imposed by the 
closure.
    In addition, this regulatory amendment includes a housekeeping 
measure that removes regulations for the Chiniak Gully Research Area 
off Kodiak Island, which were applicable through December 31, 2004.

Regulatory Amendments

    In Sec.  679.22, paragraphs (a)(11) and (b)(3) are removed. Also 
removed is Figure 21 to part 679, which shows the Cape Sarichef 
Research Restriction Area.

Response to Comments

    The proposed rule for this action was published in the Federal 
Register on October 26, 2005 (70 FR 61775). NMFS received two letters 
of comment that contained four separate comments. The comments are 
summarized and responded to below.
    Comment 1: This research area should not be opened to more 
overfishing.
    Response: This action opens an area to fishing which otherwise 
would be closed only two weeks in 2006 and does not change the amount 
of fish authorized to be harvested. Currently, no Alaska groundfish 
species are considered by NMFS to be overfished, and overfishing is not 
occurring.
    Comment 2: Birds are being killed by hook-and-line fishing.
    Response: Hook-and-line fishing would be allowed in this area, but 
this action would not change the total amount of fishing activity with 
hook-and-line gear. Hook-and-line fishing must be done in compliance 
with seabird avoidance regulations at 50 CFR 679.24(e) to reduce the 
incidental take of seabirds.
    Comment 3: NOAA must stop commercial fish profiteers from 
overfishing. Overfishing causes the death of all marine life that needs 
fish to survive, which is an assault on the environment.
    Response: This action does not change the amount of fish that may 
be harvested. None of the Alaska groundfish stocks are overfished or 
experiencing overfishing. The groundfish fisheries off Alaska are 
managed using science-based conservation and management practices. NMFS 
limits the amount of fish that may be harvested in the groundfish 
fisheries off Alaska by setting annual catch limits based on the best 
scientific information available about each specific managed stock. In 
the course of considering catch limits and regulatory changes, NMFS and 
the Council consider a broad range of alternatives to address 
biological, environmental, and economic concerns. This process also 
includes an examination of the potential impacts of alternatives on 
other marine resources and the environment. This action would result in 
insignificant impacts on other marine animals as described in the EA/
RIR/IRFA prepared for the original action and dated November 2002 (see 
ADDRESSES).
    Comment 4: Thank you. With all the other closed areas we have 
today, it's nice to have some areas back. Every little bit will help 
with our rising fuel costs.
    Response: NMFS notes this support.

Changes From the Proposed Rule

    No changes are made in this final rule from the proposed rule.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

[[Page 1699]]

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: January 6, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 
note; 3631 et seq.


Sec.  679.22  [Amended]

0
2. In Sec.  679.22, remove and reserve paragraphs (a)(11) and (b)(3).

PART 679--[AMENDED]

0
3. In part 679, remove and reserve Figure 21 to Part 679--Cape Sarichef 
Research Restriction Area (Applicable through March 31, 2006).
[FR Doc. 06-245 Filed 1-10-06; 8:45 am]
BILLING CODE 3510-22-S
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