Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer, 26704-26705 [06-4282]

Download as PDF 26704 Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Rules and Regulations wwhite on PROD1PC61 with RULES 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 VerDate Aug<31>2005 16:53 May 05, 2006 Jkt 208001 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08MYR1.SGM 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 VerDate Aug<31>2005 16:53 May 05, 2006 Jkt 208001 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, PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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 E:\FR\FM\08MYR1.SGM 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.

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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