Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures, 16243-16245 [06-3145]
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16243
Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations
2006’’ and by adding in paragraph (a),
last sentence, the words ‘‘outsourcing
decisions,’’ after the words ‘‘changes in
organization,’’.
PART 901—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1. The authority citation for part 901
is revised to read as follows:
I
Authority: 42 U.S.C. 2201; 2282a; 2282b;
2282c; 42 U.S.C. 7101, et seq.; 41 U.S.C.
418b; 50 U.S.C. 2401, et seq.
2. Section 901.105 is amended by
revising the second sentence to read as
follows:
I
901.105
OMB control numbers.
* * * The OMB control number for
the collection of information under 48
CFR chapter 9 is 1910–4100 except for
Reporting and Recordkeeping
Requirements for Safety Management
(see 48 CFR 970.5223–1) which is 1910–
5103.
970.5215–2
[Removed and Reserved]
8. Section 970.5215–2, Make-or-Buy
plan, is removed and reserved.
I
970.5244–1
[Amended]
9. Section 970.5244–1 is amended by
revising the clause date to read ‘‘May
2006’’ and by removing and reserving
paragraph (n).
I
[FR Doc. 06–3085 Filed 3–30–06; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF COMMERCE
PART 970—DOE MANAGEMENT AND
OPERATING CONTRACTS
National Oceanic and Atmospheric
Administration
3. The authority citation for part 970
continues to read as follows:
50 CFR Part 635
I
Authority: 42 U.S.C. 2201; 2282a; 2282b;
2282c; 42 U.S.C. 7101, et seq.; 41 U.S.C.
418b; 50 U.S.C. 2401, et seq.
970.1504–4–1–970.1504–4–3
and Reserved]
[Removed
970.1504–5
[Amended]
5. Section 970.1504–5 is amended by
removing paragraph (b), and
redesignating paragraphs (c), (d) and (e)
as paragraphs (b), (c) and (d)
respectively.
970.5203–1
[Amended]
6. Section 970.5203–1 is amended by
revising the clause date to read ‘‘May
2006’’ and by adding in paragraph (a)(1),
second sentence, the words ‘‘including
consideration of outsourcing of
functions’’ after the word ‘‘promoted’’.
I
970.5203–2
[Amended]
7. Section 970.5203–2, is amended by
revising the clause date to read ‘‘May
I
[Docket No. 060131019–6080–02; I.D.
012006B]
RIN 0648–AU17
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; fishing season
notification.
AGENCY:
I
This rule is effective May 1,
2006. The Atlantic commercial shark
fishing season opening and closing
dates and quotas for the 2006 second
and third trimester seasons by region are
provided in Table 1 under
SUPPLEMENTARY INFORMATION.
DATES:
For copies of this rule, write
to Highly Migratory Species
Management Division,1315 East-West
Highway, Silver Spring, MD 20910.
Copies are available on the internet at
https://www.nmfs.noaa.gov/sfa/hms.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Chris Rilling or Karyl Brewster-Geisz by
phone: 301–713–2347 or by fax: 301–
713–1917.
The
Atlantic shark fishery is managed under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The
Fishery Management Plan (FMP) for
Atlantic Tunas, Swordfish, and Sharks,
finalized in 1999, and Amendment 1 to
the FMP for Atlantic Tunas, Swordfish,
and Sharks (Amendment 1), finalized in
2003, are implemented by regulations at
50 CFR part 635. Information regarding
the rules establishing the regional
quotas and the procedures for
calculating the quotas was provided in
the proposed rule (February 17, 2006; 71
FR 8557) and is not repeated here.
SUPPLEMENTARY INFORMATION:
Atlantic Highly Migratory Species;
Atlantic Commercial Shark
Management Measures
I 4. Sections 970.1504–4–1 through
970.1504–4–3 are removed and
reserved.
the landings quotas in the Atlantic
commercial shark fishery represent the
latest landings data.
SUMMARY: This rule establishes the 2006
second and third trimester season
quotas for large coastal sharks (LCS) and
small coastal sharks (SCS) based on
over- or underharvests from the 2005
second and third trimester seasons. In
addition, this rule establishes the
opening and closing dates for the LCS
and SCS fisheries based on adjustments
to the trimester quotas. This action
could affect all commercial fishermen in
the Atlantic commercial shark fishery.
This action is necessary to ensure that
Opening and Closing Dates and Quotas
The final opening and closing dates
and quotas for the 2006 second and
third trimester seasons by region are
provided in Table 1. As described in the
proposed rule (February 17, 2006; 71 FR
8557), because opening the LCS fishery
in the North Atlantic for even one week
could result in an overharvest, NMFS is
keeping the North Atlantic LCS fishery
closed during the third trimester season.
TABLE 1.—FINAL OPENING AND CLOSING DATES AND QUOTAS
Second Trimester Season
Species Group
Region
hsrobinson on PROD1PC61 with RULES
Jkt 208001
PO 00000
July 6, 2006
July 31, 2006
11:30 p.m. local time
201.1 mt dw
(443,345 lb dw)
August 16, 2006
11:30 p.m. local time
151.7 mt dw
(334,438 lb dw)
North Atlantic
15:58 Mar 30, 2006
Quota
South Atlantic
VerDate Aug<31>2005
Closing Date
Gulf of Mexico
Large Coastal Sharks
Opening Date
August 6, 2006
11:30 p.m. local time
66.3 mt dw
(146,165 lb dw)
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16244
Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations
TABLE 1.—FINAL OPENING AND CLOSING DATES AND QUOTAS—Continued
Second Trimester Season
Species Group
Region
Closing Date
Quota
Gulf of Mexico
Small Coastal Sharks
Opening Date
May 1, 2006
To be determined, as
necessary
38.9 mt dw
(85,759 lb dw)
South Atlantic
North Atlantic
Blue sharks
333.5 mt dw
(735,234 lb dw)
24.2 mt dw
(53,351 lb dw)
No regional quotas
May 1, 2006
To be determined, as
necessary
91 mt dw
(200,619 lb dw)
Porbeagle sharks
30.7 mt dw
(67,681 lb dw)
Pelagic sharks other than blue or porbeagle
162.7 mt dw
(358,688 lb dw)
Third Trimester Season
Species Group
Region
Closing Date
Quota
Gulf of Mexico
Large Coastal Sharks
Opening Date
September 1, 2006
November 7, 2006
11:30 p.m. local time
225.6 mt dw
(497,358 lb dw)
October 3, 2006
11:30 p.m. local time
50.3 mt dw
(123,899 lb dw)
South Atlantic
North Atlantic
Small Coastal Sharks
Gulf of Mexico
CLOSED
September 1, 2006
To be determined, as
necessary
30.8 mt dw
(67,902 lb dw)
South Atlantic
North Atlantic
Blue sharks
263.7 mt dw
(581,353 lb dw)
28.2 mt dw
(62,170 lb dw)
No regional quotas
September 1, 2006
To be determined, as
necessary
91 mt dw
(200,619 lb dw)
Porbeagle sharks
30.7 mt dw
(67,681 lb dw)
Pelagic sharks other than blue or porbeagle
162.7 mt dw
(358,688 lb dw)
hsrobinson on PROD1PC61 with RULES
Response to Comments
Comments on the February 17, 2006,
proposed rule (71 FR 8557) received
during the public comment period are
summarized below, together with
NMFS’ responses.
Comment 1: NMFS should stop all
commercial and recreational shark
fishing.
Response: NMFS established a
rebuilding plan for LCS in 2003 to stop
overfishing and address the overfished
status of the LCS complex, thus
ensuring a sustainable harvest of LCS
consistent with the Magnuson-Stevens
Act. SCS, other than finetooth sharks,
and pelagic sharks are not overfished
and overfishing is not occurring. To stop
VerDate Aug<31>2005
14:51 Mar 30, 2006
Jkt 208001
all fishing would not be consistent with
the Magnuson-Stevens Act. NMFS does
not believe that stopping all commercial
and recreational shark fishing is
warranted because fishermen,
processors, suppliers, and dealers could
be forced out of business and a number
of communities, including recreational
fishing communities, would be
adversely affected. The MagnusonStevens Act requires, among other
things, that NMFS manage fisheries to
achieve optimum yield and minimize,
to the extent practicable, adverse
economic impact on fishing
communities.
Comment 2: NMFS should consider
opening the LCS second trimester
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
season on July 1 rather than July 6,
particularly in the South Atlantic region
where the lobster fishery opens on
August 1. The July 6 start date
effectively shortens the shark fishing
season by one week in the South
Atlantic because most shark fishermen
in the region will switch to lobster
fishing when that fishery opens.
Commenters expressed a preference for
a particular date due to a combination
of potential shark availability, marketing
concerns, other fishery openings and
closings such as lobster and grouper,
and other economic considerations.
Response: NMFS believes that a
season opening date of July 6 would
improve marketing opportunities
E:\FR\FM\31MRR1.SGM
31MRR1
hsrobinson on PROD1PC61 with RULES
Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations
because it does not conflict with the
Fourth of July holiday. In previous
seasons, commenters have pointed out
that a July 6 season start date would
prevent a glut of shark product on the
market prior to the Fourth of July
holiday when the market for sharks has
historically been low. Although NMFS
is aware of potential conflicts with other
fisheries, NMFS believes that the July 6
start date for the second trimester LCS
season strikes a balance between the
various competing interests regarding
shark availability and equitable
distribution of the quota. Furthermore,
postponing the start date until July 6
provides a greater opportunity for
fishermen off North Carolina to fish
after the mid-Atlantic shark closed area
reopens on August 1. If the season were
to open on July 1, the season would
close on August 11, thus allowing only
11 days of fishing in the mid-Atlantic
shark closed area after it reopens. If the
season were to open on July 6, the
season would close on August 16,
allowing 16 days of fishing in the midAtlantic shark closed area. Thus,
allowing the season to stay open until
August 16 provides fishermen impacted
by the time/area closure an additional
five days of fishing off North Carolina.
NMFS will continue to monitor the
situation regarding the closed area and
the Fourth of July holiday market and
propose adjustments for 2nd season of
2007, as necessary.
Comment 3: NMFS should consider
postponing the start of the third
trimester season until October 1 because
there is so little time between the end
of the second trimester season and
beginning of the third trimester season.
Response: NMFS agrees that,
depending on the region, there may be
a limited amount of time between the
second and third trimester seasons.
However, the Gulf of Mexico for
example, has a month-long break
between the second and third seasons.
The South Atlantic and North Atlantic
periods are two and three weeks,
respectively. NMFS may consider a later
start date in future years as more catch
rate data for the third trimester becomes
available with which to estimate
appropriate season lengths. Since 2005
was the first year in which trimester
seasons were implemented, NMFS used
average estimates from August and
September in previous years to estimate
the season length during the 2005 third
trimester season. Beginning in 2006,
NMFS had data available from the 2005
third trimester season, which ran
through October and early November for
the first time, upon which to base
season lengths. As data continues to be
collected from the third trimester season
VerDate Aug<31>2005
14:51 Mar 30, 2006
Jkt 208001
in future years, NMFS will have a better
idea of appropriate season lengths.
Comment 4: NMFS should consider
extending the second trimester season
closing date in the Gulf of Mexico an
additional week beyond the current date
of July 31, and NMFS should shorten
the third trimester season by one week
from the proposed date of November 15
to prevent an overharvest similar to the
one that occurred in the South Atlantic
last year.
Response: NMFS based the season
opening and closing dates on the most
recent landings data and catch rates
available for the Gulf of Mexico. For
example, data from the Gulf of Mexico
from July and August 2002–2005 were
used to estimate the 2006 second
trimester season duration. Based on
these data, NMFS estimated that 82
percent of the quota would likely be
taken in three weeks, and 108 percent
of the quota in four weeks. Following a
similar approach used in previous years,
and as a precautionary measure, NMFS
proposed to close the season after three
and a half weeks to reduce the
likelihood of an overharvest. Allowing
the fishery to remain open an additional
week beyond July 31 could potentially
result in an overharvest. For the third
trimester season, since this season has
been in effect for only one year (2005),
NMFS has less information available
upon which to make a determination of
season length. Hence, NMFS agrees with
the comment that a precautionary
approach may be warranted, and as a
result, the Gulf of Mexico third trimester
season will close on November 7, 2006,
rather than on November 15, 2006, as
proposed. NMFS took a similar action to
shorten the season in the South Atlantic
for the 2005 third trimester season based
on public comment.
Changes From the February 17, 2006,
Proposed Rule (71 FR 8557)
In the proposed rule, NMFS proposed
a third trimester season closing date of
November 15 for LCS in the Gulf of
Mexico. In the final rule, NMFS will
shorten the duration of the third
trimester season by one week in the Gulf
of Mexico from November 15 to
November 7, 2006. NMFS is taking this
action as a precautionary measure based
on public comment, and limited data
availability on catch rates during that
time of year, and to prevent an
overharvest similar to the one that
resulted in the South Atlantic during
the third trimester in 2005. In addition,
the LCS third trimester season quotas
for Gulf of Mexico and South Atlantic
were reduced by 1 mt dw and 6 mt dw,
respectively due to updated landings
reports that were received after
PO 00000
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Fmt 4700
Sfmt 4700
16245
publication of the proposed rule. These
changes did not effect the closing dates
for either region.
Classification
This rule is published under the
authority of the Magnuson-Stevens Act,
16 U.S.C. 1801 et seq. The Chief
Counsel for Regulation at the
Department of Commerce certified to
the Chief Counsel for Advocacy at the
Small Business Administration that this
action would not have a significant
economic impact on a substantial
number of small entities.
The factual basis for this certification
was published in the February 17, 2006,
proposed rule (71 FR 8557). No
comments were received regarding the
certification or the economic impact of
this rule, and no changes to the
certification were made. As a result, no
Final Regulatory Flexibility Act analysis
was prepared. This final rule will not
increase overall quotas, landings, or
regional percentages for LCS or SCS, or
implement any new management
measures not previously considered,
and is not expected to increase fishing
effort or protected species interactions.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS has determined that these
regulations would be implemented in a
manner consistent to the maximum
extent practicable with the enforceable
policies of those coastal stateson the
Atlantic including the Gulf of Mexico
and Caribbean that have approved
coastal zone management programs.
Letters were sent on February 15, 2006,
to Atlantic and Gulf of Mexico coastal
states including Puerto Rico and the
U.S. Virgin Islands asking for their
concurrence when the proposed rule
filed with the Federal Register.
Mississippi, New Hampshire, North
Carolina, and Rhode Island have replied
affirmatively regarding the consistency
determination. NMFS presumes that the
remaining states that have not yet
responded concur with the
determination.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: March 27, 2006.
John Oliver
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 06–3145 Filed 3–30–06; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Rules and Regulations]
[Pages 16243-16245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3145]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 060131019-6080-02; I.D. 012006B]
RIN 0648-AU17
Atlantic Highly Migratory Species; Atlantic Commercial Shark
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; fishing season notification.
-----------------------------------------------------------------------
SUMMARY: This rule establishes the 2006 second and third trimester
season quotas for large coastal sharks (LCS) and small coastal sharks
(SCS) based on over- or underharvests from the 2005 second and third
trimester seasons. In addition, this rule establishes the opening and
closing dates for the LCS and SCS fisheries based on adjustments to the
trimester quotas. This action could affect all commercial fishermen in
the Atlantic commercial shark fishery. This action is necessary to
ensure that the landings quotas in the Atlantic commercial shark
fishery represent the latest landings data.
DATES: This rule is effective May 1, 2006. The Atlantic commercial
shark fishing season opening and closing dates and quotas for the 2006
second and third trimester seasons by region are provided in Table 1
under SUPPLEMENTARY INFORMATION.
ADDRESSES: For copies of this rule, write to Highly Migratory Species
Management Division,1315 East-West Highway, Silver Spring, MD 20910.
Copies are available on the internet at https://www.nmfs.noaa.gov/sfa/
hms.
FOR FURTHER INFORMATION CONTACT: Chris Rilling or Karyl Brewster-Geisz
by phone: 301-713-2347 or by fax: 301-713-1917.
SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). The Fishery Management Plan
(FMP) for Atlantic Tunas, Swordfish, and Sharks, finalized in 1999, and
Amendment 1 to the FMP for Atlantic Tunas, Swordfish, and Sharks
(Amendment 1), finalized in 2003, are implemented by regulations at 50
CFR part 635. Information regarding the rules establishing the regional
quotas and the procedures for calculating the quotas was provided in
the proposed rule (February 17, 2006; 71 FR 8557) and is not repeated
here.
Opening and Closing Dates and Quotas
The final opening and closing dates and quotas for the 2006 second
and third trimester seasons by region are provided in Table 1. As
described in the proposed rule (February 17, 2006; 71 FR 8557), because
opening the LCS fishery in the North Atlantic for even one week could
result in an overharvest, NMFS is keeping the North Atlantic LCS
fishery closed during the third trimester season.
Table 1.--Final Opening and Closing Dates and Quotas
------------------------------------------------------------------------
Second Trimester Season
-------------------------------------------------------------------------
Opening Closing
Species Group Region Date Date Quota
------------------------------------------------------------------------
Large Coastal Sharks Gulf of July 6, July 31, 201.1 mt
Mexico 2006 2006 dw
11:30 p.m. (443,345
local lb dw)
time
---------- -----------------------
South ........ August 16, 151.7 mt
Atlanti 2006 dw
c 11:30 p.m. (334,438
local lb dw)
time
---------- -----------------------
North ........ August 6, 66.3 mt dw
Atlanti 2006 (146,165
c 11:30 p.m. lb dw)
local
time
------------------------------------------------------------------------
[[Page 16244]]
Small Coastal Sharks Gulf of May 1, To be 38.9 mt dw
Mexico 2006 determine (85,759 lb
d, as dw)
necessary
---------- -----------
South ........ .......... 333.5 mt
Atlanti dw
c (735,234
lb dw)
---------- -----------
North ........ .......... 24.2 mt dw
Atlanti (53,351 lb
c dw)
------------------------------------------------------------------------
Blue sharks No May 1, To be 91 mt dw
regiona 2006 determine (200,619
l d, as lb dw)
quotas necessary
----------------------------- -----------
Porbeagle sharks ........ ........ .......... 30.7 mt dw
(67,681 lb
dw)
----------------------------- -----------
Pelagic sharks other than ........ ........ .......... 162.7 mt
blue or porbeagle dw
(358,688
lb dw)
------------------------------------------------------------------------
------------------------------------------------------------------------
Third Trimester Season
-------------------------------------------------------------------------
Opening Closing
Species Group Region Date Date Quota
------------------------------------------------------------------------
Large Coastal Sharks Gulf of Septembe November 225.6 mt
Mexico r 1, 7, 2006 dw
2006 11:30 p.m. (497,358
local lb dw)
time
---------- -----------------------
South ........ October 3, 50.3 mt dw
Atlanti 2006 (123,899
c 11:30 p.m. lb dw)
local
time
-------------------------------------------
North CLOSED
Atlanti
c
------------------------------------------------------------------------
Small Coastal Sharks Gulf of Septembe To be 30.8 mt dw
Mexico r 1, determine (67,902 lb
2006 d, as dw)
necessary
---------- -----------
South ........ .......... 263.7 mt
Atlanti dw
c (581,353
lb dw)
---------- -----------
North ........ .......... 28.2 mt dw
Atlanti (62,170 lb
c dw)
------------------------------------------------------------------------
Blue sharks No Septembe To be 91 mt dw
regiona r 1, determine (200,619
l 2006 d, as lb dw)
quotas necessary
----------------------------- -----------
Porbeagle sharks ........ ........ .......... 30.7 mt dw
(67,681 lb
dw)
----------------------------- -----------
Pelagic sharks other than ........ ........ .......... 162.7 mt
blue or porbeagle dw
(358,688
lb dw)
------------------------------------------------------------------------
Response to Comments
Comments on the February 17, 2006, proposed rule (71 FR 8557)
received during the public comment period are summarized below,
together with NMFS' responses.
Comment 1: NMFS should stop all commercial and recreational shark
fishing.
Response: NMFS established a rebuilding plan for LCS in 2003 to
stop overfishing and address the overfished status of the LCS complex,
thus ensuring a sustainable harvest of LCS consistent with the
Magnuson-Stevens Act. SCS, other than finetooth sharks, and pelagic
sharks are not overfished and overfishing is not occurring. To stop all
fishing would not be consistent with the Magnuson-Stevens Act. NMFS
does not believe that stopping all commercial and recreational shark
fishing is warranted because fishermen, processors, suppliers, and
dealers could be forced out of business and a number of communities,
including recreational fishing communities, would be adversely
affected. The Magnuson-Stevens Act requires, among other things, that
NMFS manage fisheries to achieve optimum yield and minimize, to the
extent practicable, adverse economic impact on fishing communities.
Comment 2: NMFS should consider opening the LCS second trimester
season on July 1 rather than July 6, particularly in the South Atlantic
region where the lobster fishery opens on August 1. The July 6 start
date effectively shortens the shark fishing season by one week in the
South Atlantic because most shark fishermen in the region will switch
to lobster fishing when that fishery opens. Commenters expressed a
preference for a particular date due to a combination of potential
shark availability, marketing concerns, other fishery openings and
closings such as lobster and grouper, and other economic
considerations.
Response: NMFS believes that a season opening date of July 6 would
improve marketing opportunities
[[Page 16245]]
because it does not conflict with the Fourth of July holiday. In
previous seasons, commenters have pointed out that a July 6 season
start date would prevent a glut of shark product on the market prior to
the Fourth of July holiday when the market for sharks has historically
been low. Although NMFS is aware of potential conflicts with other
fisheries, NMFS believes that the July 6 start date for the second
trimester LCS season strikes a balance between the various competing
interests regarding shark availability and equitable distribution of
the quota. Furthermore, postponing the start date until July 6 provides
a greater opportunity for fishermen off North Carolina to fish after
the mid-Atlantic shark closed area reopens on August 1. If the season
were to open on July 1, the season would close on August 11, thus
allowing only 11 days of fishing in the mid-Atlantic shark closed area
after it reopens. If the season were to open on July 6, the season
would close on August 16, allowing 16 days of fishing in the mid-
Atlantic shark closed area. Thus, allowing the season to stay open
until August 16 provides fishermen impacted by the time/area closure an
additional five days of fishing off North Carolina. NMFS will continue
to monitor the situation regarding the closed area and the Fourth of
July holiday market and propose adjustments for 2nd season of 2007, as
necessary.
Comment 3: NMFS should consider postponing the start of the third
trimester season until October 1 because there is so little time
between the end of the second trimester season and beginning of the
third trimester season.
Response: NMFS agrees that, depending on the region, there may be a
limited amount of time between the second and third trimester seasons.
However, the Gulf of Mexico for example, has a month-long break between
the second and third seasons. The South Atlantic and North Atlantic
periods are two and three weeks, respectively. NMFS may consider a
later start date in future years as more catch rate data for the third
trimester becomes available with which to estimate appropriate season
lengths. Since 2005 was the first year in which trimester seasons were
implemented, NMFS used average estimates from August and September in
previous years to estimate the season length during the 2005 third
trimester season. Beginning in 2006, NMFS had data available from the
2005 third trimester season, which ran through October and early
November for the first time, upon which to base season lengths. As data
continues to be collected from the third trimester season in future
years, NMFS will have a better idea of appropriate season lengths.
Comment 4: NMFS should consider extending the second trimester
season closing date in the Gulf of Mexico an additional week beyond the
current date of July 31, and NMFS should shorten the third trimester
season by one week from the proposed date of November 15 to prevent an
overharvest similar to the one that occurred in the South Atlantic last
year.
Response: NMFS based the season opening and closing dates on the
most recent landings data and catch rates available for the Gulf of
Mexico. For example, data from the Gulf of Mexico from July and August
2002-2005 were used to estimate the 2006 second trimester season
duration. Based on these data, NMFS estimated that 82 percent of the
quota would likely be taken in three weeks, and 108 percent of the
quota in four weeks. Following a similar approach used in previous
years, and as a precautionary measure, NMFS proposed to close the
season after three and a half weeks to reduce the likelihood of an
overharvest. Allowing the fishery to remain open an additional week
beyond July 31 could potentially result in an overharvest. For the
third trimester season, since this season has been in effect for only
one year (2005), NMFS has less information available upon which to make
a determination of season length. Hence, NMFS agrees with the comment
that a precautionary approach may be warranted, and as a result, the
Gulf of Mexico third trimester season will close on November 7, 2006,
rather than on November 15, 2006, as proposed. NMFS took a similar
action to shorten the season in the South Atlantic for the 2005 third
trimester season based on public comment.
Changes From the February 17, 2006, Proposed Rule (71 FR 8557)
In the proposed rule, NMFS proposed a third trimester season
closing date of November 15 for LCS in the Gulf of Mexico. In the final
rule, NMFS will shorten the duration of the third trimester season by
one week in the Gulf of Mexico from November 15 to November 7, 2006.
NMFS is taking this action as a precautionary measure based on public
comment, and limited data availability on catch rates during that time
of year, and to prevent an overharvest similar to the one that resulted
in the South Atlantic during the third trimester in 2005. In addition,
the LCS third trimester season quotas for Gulf of Mexico and South
Atlantic were reduced by 1 mt dw and 6 mt dw, respectively due to
updated landings reports that were received after publication of the
proposed rule. These changes did not effect the closing dates for
either region.
Classification
This rule is published under the authority of the Magnuson-Stevens
Act, 16 U.S.C. 1801 et seq. The Chief Counsel for Regulation at the
Department of Commerce certified to the Chief Counsel for Advocacy at
the Small Business Administration that this action would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification was published in the
February 17, 2006, proposed rule (71 FR 8557). No comments were
received regarding the certification or the economic impact of this
rule, and no changes to the certification were made. As a result, no
Final Regulatory Flexibility Act analysis was prepared. This final rule
will not increase overall quotas, landings, or regional percentages for
LCS or SCS, or implement any new management measures not previously
considered, and is not expected to increase fishing effort or protected
species interactions.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS has determined that these regulations would be implemented in
a manner consistent to the maximum extent practicable with the
enforceable policies of those coastal stateson the Atlantic including
the Gulf of Mexico and Caribbean that have approved coastal zone
management programs. Letters were sent on February 15, 2006, to
Atlantic and Gulf of Mexico coastal states including Puerto Rico and
the U.S. Virgin Islands asking for their concurrence when the proposed
rule filed with the Federal Register. Mississippi, New Hampshire, North
Carolina, and Rhode Island have replied affirmatively regarding the
consistency determination. NMFS presumes that the remaining states that
have not yet responded concur with the determination.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: March 27, 2006.
John Oliver
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 06-3145 Filed 3-30-06; 8:45 am]
BILLING CODE 3510-22-S
