Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Quarter II Fishery for Loligo Squid, 29844-29845 [06-4826]

Download as PDF 29844 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations because the issue of extension was within the scope of the Joint Board’s earlier recommended decision. The Commission has continued to receive valuable comments, analysis, and expertise from the Joint Board on this matter during the current separations freeze. 5. The extended freeze will be implemented as described in the 2001 Separations Freeze Order. Specifically, price-cap carriers will use the same relationships between categories of investment and expenses within Part 32 accounts and the same jurisdictional allocation factors that have been in place since the inception of the current freeze on July 1, 2001. Rate-of-return carriers will use the same frozen jurisdictional allocation factors, and will use the same frozen category relationships if they had opted previously to freeze those as well. wwhite on PROD1PC61 with RULES I. Procedural Matters A. Final Regulatory Flexibility Certification 6. The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that ‘‘the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.’’ 5 U.S.C. 605(b). The RFA generally defines ‘‘small entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental jurisdiction.’’ 5 U.S.C. 601(6). In addition, the term ‘‘small business’’ has the same meaning as the term ‘‘small business concern’’ under section 3 of the Small Business Act. 5 U.S.C. 601(3). Under the Small Business Act, a small business concern is one that: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). 15 U.S.C. 632. 7. In the instant Order, we extend the current freeze of the part 36 category relationships and jurisdictional cost allocation factors for price cap carriers, and of the allocation factors only for rate-of-return carriers. Among the underlying objectives of the freeze are to ease the administrative burden of regulatory compliance and to provide greater regulatory certainty for all local exchange carriers subject to the Commission’s part 36 rules, including some entities employing 1500 or fewer employees. The extension of the freeze will continue the status quo that has existed since July 1, 2001, when the VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 freeze originally became effective. Moreover, the freeze has eliminated the need for all incumbent LECs, including incumbent LECs with 1500 employees or fewer (small incumbent LECs), to complete certain annual studies formerly required by the Commission’s rules. 8. The Order poses no additional regulatory burden on incumbent LECs, including small incumbent LECs. If this extended action can be said to have any effect under the RFA, it is to reduce a regulatory compliance burden for small incumbent LECs, by eliminating the aforementioned separations studies and providing these carriers with greater regulatory certainty. Furthermore, we note that the Commission specifically considered the impact of the freeze on small incumbent LECs (in general, rateof-return carriers) in the 2001 Separations Freeze Order, and provided them with the option to freeze their category relationships at the onset of the freeze. Our action, therefore, does nothing more than temporarily extend the status quo, which itself was certified in the 2001 Separations Freeze Order not to have a significant economic impact on a substantial number of small entities. 9. Therefore, we certify that the requirements of the Order will not have a significant economic impact on a substantial number of entities. The Commission will send a copy of the Order, including a copy of this final certification, in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act. In addition, the Order and this certification will be sent to the Chief Counsel for Advocacy of the Small Business Administration, and will be published in the Federal Register. II. Ordering Clauses 12. Pursuant to the authority contained in sections 1, 2, 4, 201–205, 215, 218, 220, 229, 254, and 410 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154, 201– 205, 215, 218, 220, 229, 254 and 410, this Order is adopted. 13. The Order shall be effective June 23, 2006. 14. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the Order, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. B. Paperwork Reduction Act Analysis SUMMARY: NMFS announces that the directed fishery for Loligo squid in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, May 23, 2006. Vessels issued a Federal permit to harvest Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid per trip for the remainder of the quarter (through June 30, 2006). This action is necessary to prevent the fishery from exceeding its Quarter II quota and to allow for effective management of this stock. DATES: Effective 0001 hours, May 23, 2006, through 2400 hours, June 30, 2006. FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management Specialist, 978–281–9221, Fax 978–281–9135. SUPPLEMENTARY INFORMATION: Regulations governing the Loligo squid 10. The Order does not contain any new, modified, or proposed information collections subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new, modified, or proposed ‘‘information collection burden for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). C. Congressional Review Act 11. The Commission will send a copy of the Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). PO 00000 Frm 00084 Fmt 4700 Sfmt 4700 List of Subjects in 47 CFR Part 36 Communications common carriers. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 06–4768 Filed 5–23–06; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 051209329–5329–01; I.D. 051806A] Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Quarter II Fishery for Loligo Squid National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. AGENCY: E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations wwhite on PROD1PC61 with RULES fishery are found at 50 CFR part 648. The regulations require specifications for maximum sustainable yield, initial optimum yield, allowable biological catch, domestic annual harvest (DAH), domestic annual processing, joint venture processing, and total allowable levels of foreign fishing for the species managed under the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. The procedures for setting the annual initial specifications are described in § 648.21. The 2006 specification of DAH for Loligo squid was set at 16,872.4 mt (71 FR 10621, March 2, 2006). This amount is allocated by quarter, as shown below. VerDate Aug<31>2005 16:41 May 23, 2006 Jkt 208001 29845 closure to recreational participants in the fishery; and publish notification of the closure in the Federal Register. The Research Administrator, Northeast Region, Metric Quarter Percent Set-aside NMFS, based on dealer reports and Tons 1 other available information, has I (Jandetermined that 80 percent of the DAH Mar) 33.23 5,606.7 N/A for Loligo squid in Quarter II will be II (AprJun) 17.61 2,971.30 N/A harvested by May 23, 2006. Therefore, effective 0001 hours, May 23, 2006, the III (JulSep) 17.3 2,918.90 N/A directed fishery for Loligo squid is IV (Octclosed and vessels issued Federal Dec) 31.86 5,375.60 N/A permits for Loligo squid may not retain Total 100 16,872.50 127.5 or land more than 2,500 lb (1,134 kg) of 1Quarterly allocations after 127.5 mt reLoligo during a calendar day. The search set-aside deduction. directed fishery will reopen effective 0001 hours, July 1, 2006, when the Section 648.22 requires NMFS to close the directed Loligo squid fishery in Quarter III quota becomes available. the EEZ when 80 percent of the Classification quarterly allocation is harvested in This action is required by 50 CFR part Quarters I, II, and III, and when 95 percent of the total annual DAH has 648 and is exempt from review under been harvested. NMFS is further Executive Order 12866. required to notify, in advance of the Authority: 16 U.S.C. 1801 et seq. closure, the Executive Directors of the Dated: May 18, 2006. Mid-Atlantic, New England, and South Atlantic Fishery Management Councils; Alan D. Risenhoover Acting Director, Office of Sustainable mail notification of the closure to all Fisheries, National Marine Fisheries Services. holders of Loligo squid permits at least [FR Doc. 06–4826 Filed 5–19–06; 2:56 pm] 72 hours before the effective date of the closure; provide adequate notice of the BILLING CODE 3510–22–S TABLE 1.—Loligo SQUID QUARTERLY ALLOCATIONS. PO 00000 Frm 00085 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1

Agencies

[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Rules and Regulations]
[Pages 29844-29845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4826]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 051209329-5329-01; I.D. 051806A]


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Closure of the Quarter II Fishery for 
Loligo Squid

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Closure.

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SUMMARY:  NMFS announces that the directed fishery for Loligo squid in 
the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, 
May 23, 2006. Vessels issued a Federal permit to harvest Loligo squid 
may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid 
per trip for the remainder of the quarter (through June 30, 2006). This 
action is necessary to prevent the fishery from exceeding its Quarter 
II quota and to allow for effective management of this stock.

DATES:  Effective 0001 hours, May 23, 2006, through 2400 hours, June 
30, 2006.

FOR FURTHER INFORMATION CONTACT:  Don Frei, Fishery Management 
Specialist, 978-281-9221, Fax 978-281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the Loligo squid

[[Page 29845]]

fishery are found at 50 CFR part 648. The regulations require 
specifications for maximum sustainable yield, initial optimum yield, 
allowable biological catch, domestic annual harvest (DAH), domestic 
annual processing, joint venture processing, and total allowable levels 
of foreign fishing for the species managed under the Atlantic Mackerel, 
Squid, and Butterfish Fishery Management Plan. The procedures for 
setting the annual initial specifications are described in Sec.  
648.21.
    The 2006 specification of DAH for Loligo squid was set at 16,872.4 
mt (71 FR 10621, March 2, 2006). This amount is allocated by quarter, 
as shown below.

              Table 1.--Loligo Squid Quarterly Allocations.
------------------------------------------------------------------------
                                                      Metric    Research
                Quarter                   Percent    Tons \1\  Set-aside
------------------------------------------------------------------------
                  I (Jan-Mar)                33.23    5,606.7        N/A
                  II (Apr-Jun)               17.61   2,971.30        N/A
                  III (Jul-Sep)               17.3   2,918.90        N/A
                  IV (Oct-Dec)               31.86   5,375.60        N/A
                  Total                        100  16,872.50      127.5
------------------------------------------------------------------------
\1\Quarterly allocations after 127.5 mt research set-aside deduction.

    Section 648.22 requires NMFS to close the directed Loligo squid 
fishery in the EEZ when 80 percent of the quarterly allocation is 
harvested in Quarters I, II, and III, and when 95 percent of the total 
annual DAH has been harvested. NMFS is further required to notify, in 
advance of the closure, the Executive Directors of the Mid-Atlantic, 
New England, and South Atlantic Fishery Management Councils; mail 
notification of the closure to all holders of Loligo squid permits at 
least 72 hours before the effective date of the closure; provide 
adequate notice of the closure to recreational participants in the 
fishery; and publish notification of the closure in the Federal 
Register. The Administrator, Northeast Region, NMFS, based on dealer 
reports and other available information, has determined that 80 percent 
of the DAH for Loligo squid in Quarter II will be harvested by May 23, 
2006. Therefore, effective 0001 hours, May 23, 2006, the directed 
fishery for Loligo squid is closed and vessels issued Federal permits 
for Loligo squid may not retain or land more than 2,500 lb (1,134 kg) 
of Loligo during a calendar day. The directed fishery will reopen 
effective 0001 hours, July 1, 2006, when the Quarter III quota becomes 
available.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 18, 2006.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Services.
[FR Doc. 06-4826 Filed 5-19-06; 2:56 pm]
BILLING CODE 3510-22-S