Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for Western and Eastern U.S./Canada Areas, 6984-6985 [06-1246]
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6984
Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Rules and Regulations
Management Act (Magnuson-Stevens
Act).
(x) For CAFOs that must seek
coverage under a permit after July 31,
2007, certification that a nutrient
management plan has been completed
and will be implemented upon the date
of permit coverage.
*
*
*
*
*
I 3. Amend § 122.23 by revising
paragraphs (g)(1) and (g)(3)(iii) to read
as follows:
(b) * * *
(3) The CAFO shall attain the
limitations and requirements of this
paragraph by July 31, 2007.
I 7. Amend § 412.43 by revising
paragraph (b)(2) to read as follows:
DATES:
§ 412.43 Effluent limitations attainable by
the application of the best practicable
control technology currently available
(BPT).
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Fishery Management
Specialist, (978) 281–9145, fax (978)
281–9135.
§ 122.23 Concentrated animal feeding
operations (applicable to State NPDES
programs, see § 123.25).
*
*
*
*
*
*
(g) * * *
(1) Operations defined as CAFOs as of
April 14, 2003, who were not defined as
CAFOs prior to that date. For all
CAFOs, the owner or operator of the
CAFO must seek to obtain coverage
under an NPDES permit by a date
specified by the Director, but no later
than July 31, 2007.
(3) * * *
(iii) If an operational change that
makes the operation a CAFO would not
have made it a CAFO prior to April 14,
2003, the operation has until July 31,
2007, or 90 days after becoming defined
as a CAFO, whichever is later.
*
*
*
*
*
I 4. Amend § 122.42 by revising the
third and fourth sentences in paragraph
(e)(1) introductory text to read as
follows:
§ 122.42 Additional conditions applicable
to specified categories of NPDES permits
(applicable to State NPDES programs, see
§ 123.25).
*
*
*
*
*
(e) * * *
(1) * * * Permitted CAFOs must have
their nutrient management plans
developed and implemented by July 31,
2007. CAFOs that seek to obtain
coverage under a permit after July 31,
2007, must have a nutrient management
plan developed and implemented upon
the date of permit coverage. * * *
*
*
*
*
*
PART 412—CONCENTRATED ANIMAL
FEEDING OPERATIONS (CAFO) POINT
SOURCE CATEGORY
5. The authority citation for part 412
continues to read as follows:
I
Authority: 33 U.S.C. 1311, 1314, 1316,
1317, 1318, 1342, 1361.
6. Amend § 412.31 by revising
paragraph (b)(3) to read as follows:
hsrobinson on PROD1PC70 with RULES
I
§ 412.31 Effluent limitations attainable by
the application of the best practicable
control technology currently available
(BPT).
*
*
*
VerDate Aug<31>2005
*
*
13:30 Feb 09, 2006
Jkt 208001
*
*
*
*
(b) * * *
(2) The CAFO shall attain the
limitations and requirements of this
paragraph by July 31, 2007.
[FR Doc. 06–1240 Filed 2–9–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040804229–4300–02; I.D.
010606A]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Modification of
the Yellowtail Flounder Landing Limit
for Western and Eastern U.S./Canada
Areas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; landing limit.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is
implementing a yellowtail flounder trip
limit of 1,500 lb (680.4 kg) per day, up
to a maximum of 15,000 lb (6,804.1 kg)
per trip, for NE multispecies Days-at-Sea
(DAS) vessels fishing in both the
Western and Eastern U.S./Canada Areas.
This action is required by the
regulations enacting Amendment 13 to
the NE Multispecies Fishery
Management Plan and is necessary to
prevent the GB yellowtail flounder total
allowable catch (TAC) from being
caught before the end of the 2005
fishing year and to increase the
likelihood that the GB yellowtail TAC
will be available through the end of the
2005 fishing year on April 30, 2006.
This action is being taken to slow the
rate of harvest of GB yellowtail flounder
under the authority of the MagnusonStevens Fishery Conservation and
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Effective 0001 hrs local time,
February 9, 2006, through April 30,
2006.
SUPPLEMENTARY INFORMATION:
Regulations governing the yellowtail
flounder landing limit within the
Western and Eastern U.S./Canada Areas
are found at 50 CFR 648.85(a)(3)(iv)(C).
The regulations authorize vessels issued
a valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area, as defined at
§ 648.85(a)(1), under specific
conditions. The TAC for GB yellowtail
flounder for the 2005 fishing year is
4,260 mt. When 70 percent (2,982 mt) of
the GB yellowtail flounder TAC is
projected to be harvested, the
regulations at § 648.85(a)(3)(iv)(C)(2)
require the Regional Administrator to
implement and/or adjust the yellowtail
flounder landing limit for NE
multispecies vessels fishing in both the
Western and Eastern U.S./Canada Areas
to 1,500 lb (680.4 kg) per day, and
15,000 lb (6,804.1 kg) per trip.
When approximately 59 percent of the
GB yellowtail flounder TAC was
harvested, NMFS implemented a
yellowtail flounder landing limit of
15,000 lb (6,804.1 kg) per trip to slow
the rate of catch for this stock
(December 22, 2005; 70 FR 75965).
Based upon Vessel Monitoring System
(VMS) reports and other available
information, the Regional Administrator
has determined that 70 percent (2,982
mt) of the GB yellowtail flounder TAC
of 4,260 mt will be harvested by
February 8, 2006. Based on this
information, the Regional Administrator
is reducing the GB yellowtail trip limit
from 15,000 lb (6,804.1 kg) per trip to
1,500 lb (680.4 kg) per day, up to a
maximum of 15,000 lb (6,804.1 kg) per
trip, for NE multispecies DAS vessels
fishing in both the Western and Eastern
U.S./Canada Areas trip, effective
February 8, 2006, through April 30,
2006. Vessels that have already declared
their intent to fish in the Western U.S./
Canada Area through VMS, departed on
a trip, and crossed the demarcation line
as of 0001 hours on February 8, 2006,
may possess and land up to 15,000 lb
(6,804.1 kg) of GB yellowtail flounder,
regardless of the length of their trip.
E:\FR\FM\10FER1.SGM
10FER1
hsrobinson on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Rules and Regulations
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator finds good
cause to waive prior notice and
opportunity for public comment for this
action, because notice and comment
would be impracticable and contrary to
the public interest. The regulations at
§ 648.85(a)(3)(iv)(C)(2) require the
Regional Administrator to implement
and/or adjust the yellowtail flounder
landing limit for NE multispecies
vessels fishing in both the Western and
Eastern U.S./Canada Areas to 1,500 lb
(680.4 kg) per day, and 15,000 lb
(6,804.1 kg) per trip when 70 percent
(2,982 mt) of the GB yellowtail flounder
TAC is projected to be harvested. Based
upon VMS reports and other available
information, the Regional Administrator
has determined that 70 percent (2,980
mt) of the GB yellowtail flounder TAC
of 4,260 mt will be harvested by
February 8, 2006. Therefore, this action
is non-discretionary. In addition, there
exists insufficient time to allow for
public notice and comment before 70
percent of the TAC will be harvested.
Given the rapidly increasing harvest
rate and the reduced GB yellowtail
flounder TAC specified for 2005, the
time necessary to provide for prior
notice and opportunity for public
comment would prevent the agency
from ensuring that the 2005 TAC for GB
yellowtail flounder is not exceeded
during the 2005 fishing year. It was not
possible to take this action earlier to
provide more time for public comment
because of how quickly the GB
yellowtail flounder was harvested, the
rapidly increasing harvest rate, the
reduced GB yellowtail flounder TAC,
and the ability of NMFS to monitor the
harvest (the projection that 70 percent of
the GB yellowtail TAC would be
harvested by February 8, 2006, was not
available until February 3, 2006).
Exceeding the 2005 TAC for GB
yellowtail flounder would increase
mortality of this overfished stock
beyond that evaluated during the
development of Amendment 13,
potentially undermining the rebuilding
efforts for this stock. Moreover, should
the GB yellowtail flounder TAC be
exceeded, any overages would be
deducted from the 2006 GB yellowtail
flounder TAC. This would result in
decreased revenue for the NE
multispecies fishery, increased
economic impacts to vessels operating
in the Western and Eastern U.S./Canada
Areas, reduced opportunities to fully
harvest the GB haddock and GB cod
VerDate Aug<31>2005
13:30 Feb 09, 2006
Jkt 208001
TAC’s in the Eastern U.S./Canada Area
(i.e., through the increased possibility of
premature closure of the Eastern U.S./
Canada Area during the 2006 fishing
year due to fully harvesting a reduced
GB yellowtail flounder TAC in 2006), a
reduced chance of achieving optimum
yield in the groundfish fishery, and
unnecessary delays to the rebuilding of
this overfished stock.
For similar reasons there is good
cause, pursuant to 5 U.S.C. 553(d)(3), to
waive the entire 30–day delayed
effectiveness period for this action. For
the reasons specified above, a delay in
the effectiveness of the trip limit
modification in this rule would prevent
the agency from meeting its
management obligation and ensuring
that the 2005 catch TAC for GB
yellowtail flounder specified for the
Western and Eastern U.S./Canada Areas
would not be exceeded during the 2005
fishing year. Any such delay could lead
to the impacts to the fishing industry
described above.
The rate of harvest of the GB
yellowtail flounder TAC in the Western
and Eastern U.S./Canada Areas is
updated weekly on the internet at
https://www.nero.noaa.gov. Accordingly,
the public is able to obtain information
that would provide at least some
advanced notice of a potential action to
prevent the TAC for GB yellowtail
flounder from being exceeded during
the 2005 fishing year. Further, the
potential for this action was considered
and open to public comment during the
development of Amendment 13.
Therefore, any negative effect the
waiving of public comment and delayed
effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 6, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–1246 Filed 2–7–06; 1:34 pm]
BILLING CODE 3510–22–S
PO 00000
Frm 00013
Fmt 4700
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6985
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126332–5039–02; I.D.
020606A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock from the Aleutian Islands
Subarea to the Bering Sea Subarea
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
SUMMARY: NMFS is reallocating the
projected unused amounts of
Community Development Quota (CDQ)
pollock from the Aleutian Islands
subarea to the Bering Sea subarea. This
action is necessary to allow the 2006
total allowable catch (TAC) of pollock in
the Aleutian Islands subarea to be
harvested in the Bering Sea subarea.
DATES: Effective February 10, 2006,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2006.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI 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.
In the Aleutian Islands subarea, the
2006 A season allowance of CDQ
pollock is 760 mt as established by the
2005 and 2006 final harvest
specifications for groundfish in the
BSAI (70 FR 8979, February 24, 2005),
for the period 1200 hrs, A.l.t., January
1, 2006, through 1200 hrs, A.l.t., June
10, 2006.
As of January 26, 2006, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 760 mt of A season
CDQ pollock will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 760 mt of CDQ pollock from
the Aleutian Islands subarea to the
Bering Sea subarea A season allocation.
Furthermore, the Regional
Administrator has determined through
E:\FR\FM\10FER1.SGM
10FER1
]]>Agencies
[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Rules and Regulations]
[Pages 6984-6985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1246]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040804229-4300-02; I.D. 010606A]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Modification of the Yellowtail Flounder Landing
Limit for Western and Eastern U.S./Canada Areas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; landing limit.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is implementing a yellowtail flounder
trip limit of 1,500 lb (680.4 kg) per day, up to a maximum of 15,000 lb
(6,804.1 kg) per trip, for NE multispecies Days-at-Sea (DAS) vessels
fishing in both the Western and Eastern U.S./Canada Areas. This action
is required by the regulations enacting Amendment 13 to the NE
Multispecies Fishery Management Plan and is necessary to prevent the GB
yellowtail flounder total allowable catch (TAC) from being caught
before the end of the 2005 fishing year and to increase the likelihood
that the GB yellowtail TAC will be available through the end of the
2005 fishing year on April 30, 2006. This action is being taken to slow
the rate of harvest of GB yellowtail flounder under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
DATES: Effective 0001 hrs local time, February 9, 2006, through April
30, 2006.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management
Specialist, (978) 281-9145, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the yellowtail
flounder landing limit within the Western and Eastern U.S./Canada Areas
are found at 50 CFR 648.85(a)(3)(iv)(C). The regulations authorize
vessels issued a valid limited access NE multispecies permit and
fishing under a NE multispecies DAS to fish in the U.S./Canada
Management Area, as defined at Sec. 648.85(a)(1), under specific
conditions. The TAC for GB yellowtail flounder for the 2005 fishing
year is 4,260 mt. When 70 percent (2,982 mt) of the GB yellowtail
flounder TAC is projected to be harvested, the regulations at Sec.
648.85(a)(3)(iv)(C)(2) require the Regional Administrator to implement
and/or adjust the yellowtail flounder landing limit for NE multispecies
vessels fishing in both the Western and Eastern U.S./Canada Areas to
1,500 lb (680.4 kg) per day, and 15,000 lb (6,804.1 kg) per trip.
When approximately 59 percent of the GB yellowtail flounder TAC was
harvested, NMFS implemented a yellowtail flounder landing limit of
15,000 lb (6,804.1 kg) per trip to slow the rate of catch for this
stock (December 22, 2005; 70 FR 75965). Based upon Vessel Monitoring
System (VMS) reports and other available information, the Regional
Administrator has determined that 70 percent (2,982 mt) of the GB
yellowtail flounder TAC of 4,260 mt will be harvested by February 8,
2006. Based on this information, the Regional Administrator is reducing
the GB yellowtail trip limit from 15,000 lb (6,804.1 kg) per trip to
1,500 lb (680.4 kg) per day, up to a maximum of 15,000 lb (6,804.1 kg)
per trip, for NE multispecies DAS vessels fishing in both the Western
and Eastern U.S./Canada Areas trip, effective February 8, 2006, through
April 30, 2006. Vessels that have already declared their intent to fish
in the Western U.S./Canada Area through VMS, departed on a trip, and
crossed the demarcation line as of 0001 hours on February 8, 2006, may
possess and land up to 15,000 lb (6,804.1 kg) of GB yellowtail
flounder, regardless of the length of their trip.
[[Page 6985]]
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds
good cause to waive prior notice and opportunity for public comment for
this action, because notice and comment would be impracticable and
contrary to the public interest. The regulations at Sec.
648.85(a)(3)(iv)(C)(2) require the Regional Administrator to implement
and/or adjust the yellowtail flounder landing limit for NE multispecies
vessels fishing in both the Western and Eastern U.S./Canada Areas to
1,500 lb (680.4 kg) per day, and 15,000 lb (6,804.1 kg) per trip when
70 percent (2,982 mt) of the GB yellowtail flounder TAC is projected to
be harvested. Based upon VMS reports and other available information,
the Regional Administrator has determined that 70 percent (2,980 mt) of
the GB yellowtail flounder TAC of 4,260 mt will be harvested by
February 8, 2006. Therefore, this action is non-discretionary. In
addition, there exists insufficient time to allow for public notice and
comment before 70 percent of the TAC will be harvested.
Given the rapidly increasing harvest rate and the reduced GB
yellowtail flounder TAC specified for 2005, the time necessary to
provide for prior notice and opportunity for public comment would
prevent the agency from ensuring that the 2005 TAC for GB yellowtail
flounder is not exceeded during the 2005 fishing year. It was not
possible to take this action earlier to provide more time for public
comment because of how quickly the GB yellowtail flounder was
harvested, the rapidly increasing harvest rate, the reduced GB
yellowtail flounder TAC, and the ability of NMFS to monitor the harvest
(the projection that 70 percent of the GB yellowtail TAC would be
harvested by February 8, 2006, was not available until February 3,
2006).
Exceeding the 2005 TAC for GB yellowtail flounder would increase
mortality of this overfished stock beyond that evaluated during the
development of Amendment 13, potentially undermining the rebuilding
efforts for this stock. Moreover, should the GB yellowtail flounder TAC
be exceeded, any overages would be deducted from the 2006 GB yellowtail
flounder TAC. This would result in decreased revenue for the NE
multispecies fishery, increased economic impacts to vessels operating
in the Western and Eastern U.S./Canada Areas, reduced opportunities to
fully harvest the GB haddock and GB cod TAC's in the Eastern U.S./
Canada Area (i.e., through the increased possibility of premature
closure of the Eastern U.S./Canada Area during the 2006 fishing year
due to fully harvesting a reduced GB yellowtail flounder TAC in 2006),
a reduced chance of achieving optimum yield in the groundfish fishery,
and unnecessary delays to the rebuilding of this overfished stock.
For similar reasons there is good cause, pursuant to 5 U.S.C.
553(d)(3), to waive the entire 30-day delayed effectiveness period for
this action. For the reasons specified above, a delay in the
effectiveness of the trip limit modification in this rule would prevent
the agency from meeting its management obligation and ensuring that the
2005 catch TAC for GB yellowtail flounder specified for the Western and
Eastern U.S./Canada Areas would not be exceeded during the 2005 fishing
year. Any such delay could lead to the impacts to the fishing industry
described above.
The rate of harvest of the GB yellowtail flounder TAC in the
Western and Eastern U.S./Canada Areas is updated weekly on the internet
at https://www.nero.noaa.gov. Accordingly, the public is able to obtain
information that would provide at least some advanced notice of a
potential action to prevent the TAC for GB yellowtail flounder from
being exceeded during the 2005 fishing year. Further, the potential for
this action was considered and open to public comment during the
development of Amendment 13. Therefore, any negative effect the waiving
of public comment and delayed effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 6, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-1246 Filed 2-7-06; 1:34 pm]
BILLING CODE 3510-22-S
