Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska, 8992-8993 [06-1622]
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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Rules and Regulations
cprice-sewell on PROD1PC66 with RULES
nautical miles, has created ongoing
special environmental conditions that
make trawling with TED-equipped nets
impracticable. Therefore, the AA issues
this notification to extend the current
authorization for the use of restricted
tow times as an alternative to the use of
TEDs in inshore and offshore waters off
Alabama, westward to the Louisiana/
Texas border, and extending offshore 10
nautical miles, through 11:59 p.m., local
time, March 20, 2006. Tow times must
be limited to no more than 75 minutes
measured from the time trawl doors
enter the water until they are retrieved
from the water.
Continued Use of TEDs
NMFS encourages shrimp trawlers in
the affected areas to continue to use
TEDs if possible, even though they are
authorized under this action to use
restricted tow times.
NMFS gear experts have provided
several general operational
recommendations to fishermen to
maximize the debris exclusion ability of
TEDs that may allow some fishermen to
continue using TEDs without resorting
to restricted tow times. To exclude
debris, NMFS recommends the use of
hard TEDs made of either solid rod or
of hollow pipe that incorporate a bent
angle at the escape opening, in a
bottom-opening configuration. In
addition, the installation angle of a hard
TED in the trawl extension is an
important performance element in
excluding debris from the trawl. High
installation angles can trap debris either
on or in front of the bars of the TED;
NMFS recommends an installation
angle of 45°, relative to the normal
horizontal flow of water through the
trawl, to optimize the TED’s ability to
exclude turtles and debris. Furthermore,
the use of accelerator funnels, which are
allowable modifications to hard TEDs, is
not recommended in areas with heavy
amounts of debris or vegetation. Lastly,
the webbing flap that is usually
installed to cover the turtle escape
opening may be modified to help
exclude debris quickly: the webbing flap
can either be cut horizontally to shorten
it so that it does not overlap the frame
of the TED or be slit in a fore-and-aft
direction to facilitate the exclusion of
debris. The use of the double cover flap
TED will also aid in debris exclusion.
All of these recommendations
represent legal configurations of TEDs
for shrimpers fishing in the affected
areas. This action does not authorize
any other departure from the TED
requirements, including any illegal
modifications to TEDs. In particular, if
TEDs are installed in trawl nets, they
may not be sewn shut.
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13:17 Feb 21, 2006
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Due to Hurricanes Katrina and Rita,
tow time authorizations have been
granted in the affected area since
September 23, 2005. Evidence from state
and Federal investigations indicate that
more fishermen are using TEDs even
though tow times are authorized
because TEDs are effective at shooting
the debris from the trawl. This indicates
that although there is still much debris
in the affected areas, the problem is
dissipating. The end of this
authorization will represent five months
of tow time authorizations. This amount
of time will have allowed fishermen to
find areas that can be trawled effectively
with TEDS. Therefore, based on the
dissipating debris problem and the
amount of time fishermen have had to
fish under tow time restrictions NMFS
believes that this will be the last time
tow time authorizations will be required
due to debris problems caused by
Hurricanes Katrina and Rita.
Alternative to Required Use of TEDs
The authorization provided by this
rule applies to all shrimp trawlers that
would otherwise be required to use
TEDs in accordance with the
requirements of 50 CFR 223.206(d)(2)
who are operating in inshore and
offshore waters affected by Hurricanes
Katrina and Rita off Alabama, westward
to the Louisiana/Texas border, and
extending offshore 10 nautical miles,
through March 20, 2006. Through this
temporary rule, shrimp trawlers may
choose either restricted tow times or
TEDs to comply with the sea turtle
conservation regulations, as prescribed
above.
Alternative to Required Use of TEDs;
Termination
The AA, at any time, may withdraw
or modify this temporary authorization
to use tow time restrictions in lieu of
TEDs through publication of a notice in
the Federal Register, if necessary to
ensure adequate protection of
endangered and threatened sea turtles.
Under this procedure, the AA may
modify the affected area or impose any
necessary additional or more stringent
measures, including more restrictive
tow times, synchronized tow times, or
withdrawal of the authorization if the
AA determines that the alternative
authorized by this rule is not
sufficiently protecting turtles or no
longer needed. The AA may also
terminate this authorization if
information from enforcement, state
authorities, or NMFS indicates
compliance cannot be monitored
effectively. This authorization will
expire automatically at 11:59 p.m., local
time, March 20, 2006, unless it is
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explicitly extended through another
notification published in the Federal
Register.
Classification
This action has been determined to be
not significant for purposes of Executive
Order 12866.
The AA has determined that this
action is necessary to respond to special
environmental conditions to allow
effective fishing for shrimp, while
providing adequate protection for
endangered and threatened sea turtles
pursuant to the ESA and applicable
regulations.
Pursuant to 5 U.S.C. 553(b)(B), the AA
finds that there is good cause to waive
prior notice and opportunity to
comment on this rule. The AA finds that
unusually high amounts of debris has
created ongoing special environmental
conditions that make trawling with
TED-equipped nets impracticable. Prior
notice and opportunity to comment are
impracticable and contrary to the public
interest in this instance because
providing notice and comment would
prevent the agency from providing the
affected industry relief from the effects
of Hurricanes Katrina and Rita in a
timely manner.
The AA finds that there is good cause
to waive the 30–day delay in effective
date pursuant to 5 U.S.C. 553(d)(3) to
provide alternatives to comply with the
sea turtle regulations in a timely
manner. Many fishermen may be unable
to operate under the special
environmental conditions created by
Hurricanes Katrina and Rita without an
alternative to using TEDs. Providing a
30–day delay in effective date would
prevent the agency from providing the
affected industry relief from the effects
of Hurricanes Katrina and Rita in a
timely manner. For the reasons stated
above, the AA finds that this temporary
rule should not be subject to a 30–day
delay in effective date, pursuant to 5
U.S.C. 553(d)(1).
Since prior notice and an opportunity
for public comment are not required to
be provided for this action by 5 U.S.C.
553, or by any other law, the analytical
requirements of 5 U.S.C. 601 et seq. are
inapplicable.
The AA prepared an Environmental
Assessment (EA) for this rule. Copies of
the EA are available (see ADDRESSES).
Dated: February 16, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 06–1623 Filed 2–16–06; 1:42 pm]
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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126333–5040–02; I.D.
021506A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
cprice-sewell on PROD1PC66 with RULES
SUMMARY: NMFS is prohibiting directed
fishing for pollock in Statistical Area
630 of the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the A season allowance of the 2006 total
allowable catch (TAC) of pollock for
Statistical Area 630 of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), February 15, 2006, through
1200 hrs, A.l.t., March 10, 2006.
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
VerDate Aug<31>2005
13:17 Feb 21, 2006
Jkt 208001
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 A season allowance of the 2006
TAC of pollock in Statistical Area 630
of the GOA is 4,159 metric tons (mt) as
established by the 2005 and 2006
harvest specifications for groundfish of
the GOA (70 FR 8958, February 24,
2005).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the A season allowance
of the 2006 TAC of pollock in Statistical
Area 630 of the GOA will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 4,013 mt, and is
setting aside the remaining 146 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for pollock in Statistical
Area 630 of the GOA.
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
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8993
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 pollock in
Statistical Area 630 of the GOA. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of February 14,
2006.
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 § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 15, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–1622 Filed 2–16–06; 1:15 pm]
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]]>Agencies
[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Rules and Regulations]
[Pages 8992-8993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1622]
[[Page 8993]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126333-5040-02; I.D. 021506A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
Statistical Area 630 of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for pollock in
Statistical Area 630 of the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the A season allowance of the 2006 total
allowable catch (TAC) of pollock for Statistical Area 630 of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 15,
2006, through 1200 hrs, A.l.t., March 10, 2006.
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 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 A season allowance of the 2006 TAC of pollock in Statistical
Area 630 of the GOA is 4,159 metric tons (mt) as established by the
2005 and 2006 harvest specifications for groundfish of the GOA (70 FR
8958, February 24, 2005).
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator has determined that the A season allowance of the 2006
TAC of pollock in Statistical Area 630 of the GOA will soon be reached.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 4,013 mt, and is setting aside the remaining 146
mt as bycatch to support other anticipated groundfish fisheries. In
accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator
finds that this directed fishing allowance has been reached.
Consequently, NMFS is prohibiting directed fishing for pollock in
Statistical Area 630 of the GOA.
After the effective date of this closure the maximum retainable
amounts at Sec. 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 pollock in Statistical Area 630 of the GOA.
NMFS was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
February 14, 2006.
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 Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 15, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-1622 Filed 2-16-06; 1:15 pm]
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