Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for the U.S./Canada Management Area, 15629-15630 [06-3038]
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15629
Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Rules and Regulations
Xinhuanet. 2002b. China curbs poaching of
Tibetan antelopes. October 29, 2002.
Xinhuanet. 2002c. Extinction of Tibetan
antelopes very possible if poaching
persists: expert. August 19, 2002.
Zhen, R. 2000. For future of [the] Tibetan
antelope: Proceedings of the 1999
International Workshop on Conservation
and Control of Trade in Tibetan
Antelope held in Xining, China in
October, 1999. 147 pp.
Wildlife Service (see ADDRESSES section;
telephone 703–358–1708).
List of Subjects in 50 CFR Part 17
1. The authority citation for part 17
continues to read as follows:
I
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as follows:
2. Amend § 17.11(h) by adding the
following, in alphabetical order under
Mammals, to the List of Endangered and
Threatened Wildlife:
§ 17.11 Endangered and threatened
wildlife.
I
I
Author
The primary author of this notice is
Michael Kreger, Ph.D., Division of
Scientific Authority, U.S. Fish and
*
Species
Historic range
Common name
PART 17—[AMENDED]
Vertebrate population where endangered or threatened
*
China, India, Nepal
*
Entire ......................
Scientific name
Status
*
*
(h) * * *
*
When listed
*
Critical
habitat
Special
rules
MAMMALS
*
Antelope, Tibetan ....
*
*
Panthalops
hodgsonii.
*
*
Dated: March 23, 2006.
Marshall P. Jones, Jr.,
Deputy Director, Fish and Wildlife Service.
[FR Doc. 06–3034 Filed 3–28–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 04011–2010–4114–02; I.D.
032406B]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Modification
of the Yellowtail Flounder Landing
Limit for the U.S./Canada Management
Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; landing limit.
hsrobinson on PROD1PC68 with RULES
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast (NE) Region,
NMFS (Regional Administrator), is
removing the Georges Bank (GB)
yellowtail flounder trip limit for NE
multispecies days-at-sea (DAS) vessels
fishing in the U.S./Canada Management
Area. This action is authorized by the
regulations implementing Amendment
VerDate Aug<31>2005
15:34 Mar 28, 2006
Jkt 208001
*
*
E
*
13 to the NE Multispecies Fishery
Management Plan and is intended to
prevent under-harvesting of the Total
Allowable Catch (TAC) for GB
yellowtail flounder while ensuring that
the TAC will not be exceeded during the
2005 fishing year. This action is being
taken to provide additional
opportunities for vessels to fully harvest
the GB yellowtail flounder TAC under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Effective March 24, 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 GB yellowtail
flounder landing limit within the U.S./
Canada Management Area are found at
50 CFR 648.85(a)(3)(iv)(C) and (D). 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 (May
1, 2005 - April 30, 2006) is 4,260 mt.
The regulations at § 648.85(a)(3)(iv)(D)
authorize the Regional Administrator to
increase or decrease the trip limits in
the U.S./Canada Management Area to
prevent over-harvesting or underharvesting the TAC allocation. Based
PO 00000
Frm 00073
Fmt 4700
*
....................
Sfmt 4700
*
*
NA
*
upon Vessel Monitoring System (VMS)
reports and other available information,
the Regional Administrator has
determined that the current rate of
harvest will result in the under-harvest
of the GB yellowtail flounder TAC
during the 2005 fishing year. Based on
this information, the Regional
Administrator is removing the 15,000–lb
(6,804.1–kg) trip limit for NE
multispecies DAS vessels fishing in the
U.S./Canada Management Area,
effective March 24, 2006, through April
30, 2006. Accordingly, there is no limit
on the amount of GB yellowtail flounder
that can be harvested or landed for the
remainder of the fishing year for vessels
subject to these regulations.
Classification
This action is authorized 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 (AA) 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)(D) grant the Regional
Administrator the authority to adjust the
GB yellowtail flounder trip limits to
prevent over-harvesting or underharvesting the TAC allocation. Given
that approximately 25 percent of the GB
yellowtail flounder TAC remains
unharvested and the 2005 fishing year
ends on April 30, 2006, the time
E:\FR\FM\29MRR1.SGM
29MRR1
15630
Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Rules and Regulations
hsrobinson on PROD1PC68 with RULES
necessary to provide for prior notice,
opportunity for public comment, or
delayed effectiveness would prevent the
agency from ensuring that the 2005 TAC
for GB yellowtail flounder will be fully
harvested. If implementation of this
action is delayed, the NE multispecies
fishery could be prevented from fully
harvesting the TAC for GB yellowtail
flounder during the 2005 fishing year.
Under-harvesting the GB yellowtail TAC
would result in increased economic
impacts to the industry and social
impacts beyond those analyzed for
Amendment 13, as the full potential
revenue from the available GB
yellowtail flounder TAC in the U.S./
Canada Management Area would not be
realized.
For the reasons specified above and
because this action relieves a restriction,
VerDate Aug<31>2005
15:34 Mar 28, 2006
Jkt 208001
the AA finds good cause, pursuant to 5
U.S.C. 553(d)(3), to waive the entire 30–
day delayed effectiveness period for this
action. A delay in the effectiveness of
the trip limit modification in this rule
would prevent the agency from meeting
its management obligation and ensuring
the opportunity for the 2005 catch TAC
for GB yellowtail flounder specified for
the U.S./Canada Management Area to be
fully harvested. Any such delay could
lead to the negative impacts to the
fishing industry described above.
The rate of harvest of the GB
yellowtail flounder TAC in the U.S./
Canada Management Area 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 provide
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
additional opportunities to the NE
multispecies industry to fully harvest
the TAC for GB yellowtail flounder
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: March 24, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–3038 Filed 3–24–06; 3:11 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 60 (Wednesday, March 29, 2006)]
[Rules and Regulations]
[Pages 15629-15630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-30]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 04011-2010-4114-02; I.D. 032406B]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Modification of the Yellowtail Flounder Landing
Limit for the U.S./Canada Management Area
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 removing the Georges Bank (GB)
yellowtail flounder trip limit for NE multispecies days-at-sea (DAS)
vessels fishing in the U.S./Canada Management Area. This action is
authorized by the regulations implementing Amendment 13 to the NE
Multispecies Fishery Management Plan and is intended to prevent under-
harvesting of the Total Allowable Catch (TAC) for GB yellowtail
flounder while ensuring that the TAC will not be exceeded during the
2005 fishing year. This action is being taken to provide additional
opportunities for vessels to fully harvest the GB yellowtail flounder
TAC under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
DATES: Effective March 24, 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 GB yellowtail
flounder landing limit within the U.S./Canada Management Area are found
at 50 CFR 648.85(a)(3)(iv)(C) and (D). 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 (May 1, 2005 - April 30, 2006) is 4,260 mt. The regulations at
Sec. 648.85(a)(3)(iv)(D) authorize the Regional Administrator to
increase or decrease the trip limits in the U.S./Canada Management Area
to prevent over-harvesting or under-harvesting the TAC allocation.
Based upon Vessel Monitoring System (VMS) reports and other available
information, the Regional Administrator has determined that the current
rate of harvest will result in the under-harvest of the GB yellowtail
flounder TAC during the 2005 fishing year. Based on this information,
the Regional Administrator is removing the 15,000-lb (6,804.1-kg) trip
limit for NE multispecies DAS vessels fishing in the U.S./Canada
Management Area, effective March 24, 2006, through April 30, 2006.
Accordingly, there is no limit on the amount of GB yellowtail flounder
that can be harvested or landed for the remainder of the fishing year
for vessels subject to these regulations.
Classification
This action is authorized 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 (AA)
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)(D) grant the Regional Administrator the
authority to adjust the GB yellowtail flounder trip limits to prevent
over-harvesting or under-harvesting the TAC allocation. Given that
approximately 25 percent of the GB yellowtail flounder TAC remains
unharvested and the 2005 fishing year ends on April 30, 2006, the time
[[Page 15630]]
necessary to provide for prior notice, opportunity for public comment,
or delayed effectiveness would prevent the agency from ensuring that
the 2005 TAC for GB yellowtail flounder will be fully harvested. If
implementation of this action is delayed, the NE multispecies fishery
could be prevented from fully harvesting the TAC for GB yellowtail
flounder during the 2005 fishing year. Under-harvesting the GB
yellowtail TAC would result in increased economic impacts to the
industry and social impacts beyond those analyzed for Amendment 13, as
the full potential revenue from the available GB yellowtail flounder
TAC in the U.S./Canada Management Area would not be realized.
For the reasons specified above and because this action relieves a
restriction, the AA finds good cause, pursuant to 5 U.S.C. 553(d)(3),
to waive the entire 30-day delayed effectiveness period for this
action. A delay in the effectiveness of the trip limit modification in
this rule would prevent the agency from meeting its management
obligation and ensuring the opportunity for the 2005 catch TAC for GB
yellowtail flounder specified for the U.S./Canada Management Area to be
fully harvested. Any such delay could lead to the negative impacts to
the fishing industry described above.
The rate of harvest of the GB yellowtail flounder TAC in the U.S./
Canada Management Area 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 provide additional opportunities to the NE
multispecies industry to fully harvest the TAC for GB yellowtail
flounder 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: March 24, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-3038 Filed 3-24-06; 3:11 pm]
BILLING CODE 3510-22-S
