Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska, 11165-11166 [06-2063]
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Federal Register / Vol. 71, No. 43 / Monday, March 6, 2006 / Rules and Regulations
hsrobinson on PROD1PC70 with RULES
variations in panel size. These weak
links must include three floatline weak
links. The placement of the weak links
on the floatline must be: one at the
center of the net panel and one each as
close as possible to each of the bridle
ends of the net panel. The remaining
two weak links must be placed in the
center of each of the up and down lines
at the panel ends;
5. A weak link with a maximum
breaking strength of 1,100 lb (498.8 kg)
must be placed at all buoys; and
6. All anchored gillnets, regardless of
the number of net panels, must be
securely anchored with the holding
power of at least a 22 lb (10.0 kg)
Danforth-style anchor at each end of the
net string.
The restrictions will be in effect
beginning at 0001 hours March 2, 2006,
through 2400 hours March 16, 2006,
unless terminated sooner or extended by
NMFS through another notification in
the Federal Register.
The restrictions will be announced to
state officials, fishermen, ALWTRT
members, and other interested parties
through e-mail, phone contact, NOAA
website, and other appropriate media as
soon as the AA has signed the action.
Classification
In accordance with section 118(f)(9) of
the MMPA, the Assistant Administrator
(AA) for Fisheries has determined that
this action is necessary to implement a
take reduction plan to protect North
Atlantic right whales.
Environmental Assessments for the
DAM program were prepared on
December 28, 2001, and August 6, 2003.
This action falls within the scope of the
analyses of these EAs, which are
available from the agency upon request.
NMFS provided prior notice and an
opportunity for public comment on the
regulations establishing the criteria and
procedures for implementing a DAM
zone. Providing prior notice and
opportunity for comment on this action,
pursuant to those regulations, would be
impracticable because it would prevent
NMFS from executing its functions to
protect and reduce serious injury and
mortality of endangered right whales.
The regulations establishing the DAM
program are designed to enable the
agency to help protect unexpected
concentrations of right whales. In order
to meet the goals of the DAM program,
the agency needs to be able to create a
DAM zone and implement restrictions
on fishing gear as soon as possible once
the criteria are triggered and NMFS
determines that a DAM restricted zone
is appropriate. If NMFS were to provide
prior notice and an opportunity for
public comment upon the creation of a
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14:28 Mar 03, 2006
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DAM restricted zone, the aggregated
right whales would be vulnerable to
entanglement which could result in
serious injury and mortality.
Additionally, the right whales would
most likely move on to another location
before NMFS could implement the
restrictions designed to protect them,
thereby rendering the action obsolete.
Therefore, pursuant to 5 U.S.C.
553(b)(B), the AA finds that good cause
exists to waive prior notice and an
opportunity to comment on this action
to extend a DAM restricted zone to
reduce the risk of entanglement of
endangered right whales in commercial
lobster trap/pot and anchored gillnet
gear as such procedures would be
impracticable.
For the same reasons, the AA finds
that, under 5 U.S.C. 553(d)(3), good
cause exists to waive the 30–day delay
in effective date. If NMFS were to delay
for 30 days the effective date of this
action, the aggregated right whales
would be vulnerable to entanglement,
which could cause serious injury and
mortality. Additionally, right whales
would likely move to another location
between the time NMFS approved the
action extending the DAM restricted
zone and the time it went into effect,
thereby rendering the action obsolete
and ineffective. NMFS will endeavor to
provide notice of this action to
fishermen through other means as soon
as the AA signs the action, thereby
providing approximately 3 additional
days of notice regarding the extension of
the DAM zone while the Office of the
Federal Register processes the document
for publication.
NMFS determined that the regulations
establishing the DAM program and
actions such as this one taken pursuant
to those regulations are consistent to the
maximum extent practicable with the
enforceable policies of the approved
coastal management program of the U.S.
Atlantic coastal states. This
determination was submitted for review
by the responsible state agencies under
section 307 of the Coastal Zone
Management Act. Following state
review of the regulations creating the
DAM program, no state disagreed with
NMFS’ conclusion that the DAM
program is consistent to the maximum
extent practicable with the enforceable
policies of the approved coastal
management program for that state.
The DAM program under which
NMFS is taking this action contains
policies with federalism implications
warranting preparation of a federalism
assessment under Executive Order
13132. Accordingly, in October 2001
and March 2003, the Assistant Secretary
for Intergovernmental and Legislative
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11165
Affairs, Department of Commerce,
provided notice of the DAM program
and its amendments to the appropriate
elected officials in states to be affected
by actions taken pursuant to the DAM
program. Federalism issues raised by
state officials were addressed in the
final rules implementing the DAM
program. A copy of the federalism
Summary Impact Statement for the final
rules is available upon request
(ADDRESSES).
The rule implementing the DAM
program has been determined to be not
significant under Executive Order
12866.
Authority: 16 U.S.C. 1361 et seq. and 50
CFR 229.32(g)(3)
Dated: February 28, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Services.
[FR Doc. 06–2099 Filed 3–1–06; 3:14 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216044–6044–01; I.D.
022806A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Catching Pacific Cod for
Processing by the Inshore Component
in the Central Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by vessels
catching Pacific cod for processing by
the inshore component in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the 2006 total
allowable catch (TAC) of Pacific cod
apportioned to vessels catching Pacific
cod for processing by the inshore
component of the Central Regulatory
Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), February 28, 2006, until
1200 hrs, A.l.t., September 1, 2006.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
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11166
Federal Register / Vol. 71, No. 43 / Monday, March 6, 2006 / Rules and Regulations
hsrobinson on PROD1PC70 with RULES
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 A season allocation of the 2006
TAC of Pacific cod apportioned to
vessels catching Pacific cod for
processing by the inshore component of
the Central Regulatory Area of the GOA
is 15,339 metric tons (mt) as established
by the 2006 and 2007 harvest
specifications for groundfish of the
GOA, to be published in early March of
2006.
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2006 TAC of Pacific
cod apportioned to vessels catching
Pacific cod for processing by the inshore
component of the Central Regulatory
Area of the GOA will soon be reached.
Therefore, the Regional Administrator is
VerDate Aug<31>2005
14:28 Mar 03, 2006
Jkt 208001
establishing a directed fishing
allowance of 13,839 mt, and is setting
aside the remaining 1,500 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 Pacific cod by
vessels catching Pacific cod for
processing by the inshore component in
the Central Regulatory Area 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
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
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interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific cod
apportioned to vessels catching Pacific
cod for processing by the inshore
component of the Central Regulatory
Area 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 27, 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 28, 2006.
James P. Burgess,
Acting Assistant Director of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–2063 Filed 2–28–06; 5:03 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 43 (Monday, March 6, 2006)]
[Rules and Regulations]
[Pages 11165-11166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2063]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216044-6044-01; I.D. 022806A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Catching Pacific Cod for Processing by the Inshore Component
in the Central Regulatory Area 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 Pacific cod by
vessels catching Pacific cod for processing by the inshore component in
the Central Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the 2006 total allowable catch (TAC) of
Pacific cod apportioned to vessels catching Pacific cod for processing
by the inshore component of the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 28,
2006, until 1200 hrs, A.l.t., September 1, 2006.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
[[Page 11166]]
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 allocation of the 2006 TAC of Pacific cod apportioned
to vessels catching Pacific cod for processing by the inshore component
of the Central Regulatory Area of the GOA is 15,339 metric tons (mt) as
established by the 2006 and 2007 harvest specifications for groundfish
of the GOA, to be published in early March of 2006.
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2006 TAC
of Pacific cod apportioned to vessels catching Pacific cod for
processing by the inshore component of the Central Regulatory Area of
the GOA will soon be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 13,839 mt, and is setting
aside the remaining 1,500 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
Pacific cod by vessels catching Pacific cod for processing by the
inshore component in the Central Regulatory Area 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 Pacific cod apportioned to vessels catching
Pacific cod for processing by the inshore component of the Central
Regulatory Area 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 27, 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 28, 2006.
James P. Burgess,
Acting Assistant Director of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-2063 Filed 2-28-06; 5:03 pm]
BILLING CODE 3510-22-S
