Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer, 26704-26705 [06-4282]
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26704
Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Rules and Regulations
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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 May 10, 2006,
through 2400 hours May 24, 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
Web site, and other appropriate media
immediately upon issuance of this final
rule by the AA.
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
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
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16:53 May 05, 2006
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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 implement 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 creating the DAM restricted zone
and the time it went into effect, thereby
rendering the action obsolete and
ineffective. Nevertheless, NMFS
recognizes the need for fishermen to
have time to either modify or remove (if
not in compliance with the required
restrictions) their gear from a DAM zone
once one is approved. Thus, NMFS
makes this action effective 2 days after
the date of publication of this document
in the Federal Register. NMFS will also
endeavor to provide notice of this action
to fishermen through other means as
soon as the AA signs it, thereby
providing approximately 3 additional
days of notice 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
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for Intergovernmental and Legislative
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: May 2, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–4283 Filed 5–3–06; 2:28 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 041110317–4364–02; I.D.
042706A]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
SUMMARY: NMFS announces that the
State of North Carolina is transferring
5,871 lb (2,663 kg) of commercial
summer flounder quota to the
Commonwealth of Virginia from its
2006 quota. By this action, NMFS
adjusts the quotas and announces the
revised commercial quota for each state
involved.
DATES: Effective May 3, 2006 through
December 31, 2006, unless NMFS
publishes a superseding document in
the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Management
Specialist, (978) 281–9341, FAX (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
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08MYR1
Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Rules and Regulations
wwhite on PROD1PC61 with RULES
specification of a commercial quota that
is apportioned among the coastal states
from North Carolina through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.100.
The final rule implementing
Amendment 5 to the FMP that was
published on December 17, 1993 (58 FR
65936), provided a mechanism for
summer flounder quota to be transferred
from one state to another. Two or more
states, under mutual agreement and
with the concurrence of the
Administrator, Northeast Region, NMFS
(Regional Administrator), can transfer or
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16:53 May 05, 2006
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combine summer flounder commercial
quota under § 648.100(d). The Regional
Administrator is required to consider
the criteria set forth in § 648.100(d)(3) in
the evaluation of requests for quota
transfers or combinations.
North Carolina has agreed to transfer
5,871 lb (2,663 kg) of its 2006
commercial quota to Virginia to cover
landings of two North Carolina vessels
granted safe harbor in Virginia following
mechanical problems. The Regional
Administrator has determined that the
criteria set forth in § 648.100(d)(3) have
been met. The revised quotas for
calendar year 2006 are: North Carolina,
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26705
3,820,228 lb (1,732,826 kg); and
Virginia, 2,977,543 lb (1,350,591 kg).
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–4282 Filed 5–3–06; 2:28 pm]
BILLING CODE 3510–22–S
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08MYR1
]]>Agencies
[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Rules and Regulations]
[Pages 26704-26705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4282]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 041110317-4364-02; I.D. 042706A]
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Quota Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the State of North Carolina is
transferring 5,871 lb (2,663 kg) of commercial summer flounder quota to
the Commonwealth of Virginia from its 2006 quota. By this action, NMFS
adjusts the quotas and announces the revised commercial quota for each
state involved.
DATES: Effective May 3, 2006 through December 31, 2006, unless NMFS
publishes a superseding document in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management
Specialist, (978) 281-9341, FAX (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder
fishery are found at 50 CFR part 648. The regulations require annual
[[Page 26705]]
specification of a commercial quota that is apportioned among the
coastal states from North Carolina through Maine. The process to set
the annual commercial quota and the percent allocated to each state are
described in Sec. 648.100.
The final rule implementing Amendment 5 to the FMP that was
published on December 17, 1993 (58 FR 65936), provided a mechanism for
summer flounder quota to be transferred from one state to another. Two
or more states, under mutual agreement and with the concurrence of the
Administrator, Northeast Region, NMFS (Regional Administrator), can
transfer or combine summer flounder commercial quota under Sec.
648.100(d). The Regional Administrator is required to consider the
criteria set forth in Sec. 648.100(d)(3) in the evaluation of requests
for quota transfers or combinations.
North Carolina has agreed to transfer 5,871 lb (2,663 kg) of its
2006 commercial quota to Virginia to cover landings of two North
Carolina vessels granted safe harbor in Virginia following mechanical
problems. The Regional Administrator has determined that the criteria
set forth in Sec. 648.100(d)(3) have been met. The revised quotas for
calendar year 2006 are: North Carolina, 3,820,228 lb (1,732,826 kg);
and Virginia, 2,977,543 lb (1,350,591 kg).
Classification
This action is taken under 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-4282 Filed 5-3-06; 2:28 pm]
BILLING CODE 3510-22-S
