Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Suspension of the Primary Pacific Whiting Season for the Shore-based Sector South of 42° North Latitude, 31104-31105 [06-4987]

Download as PDF 31104 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This action does not alter the relationships or distribution of power and responsibilities established by Congress. F. Executive Order 13175 The Agency has determined that this rule does not have any ‘‘tribal implications’’ as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This direct final rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). mstockstill on PROD1PC68 with RULES List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: May 16, 2006. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: I VerDate Aug<31>2005 15:15 May 31, 2006 Jkt 208001 Effective from 1800 hours l.t. May 25, 2006 until 0001 hours June 15, I 1. The authority citation for part 180 2006. Comments will be accepted continues to read asfollows: through June 16, 2006. Authority: 21 U.S.C. 321(q), 346a and 371. ADDRESSES: You may submit comments, identified by I.D. 052406B by any of the I 2. Section 180.567 is amended by following methods: removing the commodities ‘‘tomato’’ • E-mail:. and ‘‘vegetable, cucurbit, group 9’’ from 2006WhitingCAclosure.nwr@noaa.gov. the table in paragraph (a)(2), and by Include I.D 052406B in the subject line alphabetically adding the following of the message. commodities to the table in paragraph • Federal eRulemaking Portal: https:// (a)(1) to read as follows: www.regulations.gov. Follow the instructions for submitting comments. § 180.567 Zoxamide; tolerances for • Fax: 206-526-6736, Attn: Becky residues. Renko. (a) * * * (1) * * * • Mail: D. Robert Lohn, Administrator, Northwest Region, Parts per Commodity NMFS, 7600 Sand Point Way NE, million Seattle, WA 98115-0070, Attn: Becky Renko. * * * * * Tomato ...................................... 2.0 FOR FURTHER INFORMATION CONTACT: Vegetable, cucurbit, group 9 .... 1.0 Becky Renko at 206–526–6110. SUPPLEMENTARY INFORMATION: The * * * * * regulations at 50 CFR 660.323(a) FR Doc. E6–8395 Filed 05–31–06; 8:45 am] established separate allocations for the BILLING CODE 6560–50–S catcher/processor, mothership, and shore-based sectors of the whiting fishery. For 2006, the 232,069 mt commercial harvest guideline for DEPARTMENT OF COMMERCE whiting is divided with the catcher/ National Oceanic and Atmospheric processor sector receiving 78,903 mt (34 Administration percent), the mothership sector receiving 55,696 mt (24 percent), and 50 CFR Part 660 the shore-based sector receiving 97,469 mt (42 percent). The regulations further [Docket No. 060424110-6110-01; I.D. divide the shore-based allocation so that 052406B] no more than 5 percent (4,873 mt) of the shore-based allocation may be taken in Fisheries off West Coast States; waters off the State of California before Pacific Coast Groundfish Fishery; the primary season begins north of 42° Suspension of the Primary Pacific N. lat. Whiting Season for the Shore-based The primary season for the shoreSector South of 42≥ North Latitude based sector is the period or periods AGENCY: National Marine Fisheries when the large-scale target fishery is Service (NMFS), National Oceanic and conducted, and when ‘‘per trip’’ limits Atmospheric Administration (NOAA), are not in effect. Because whiting Commerce. migrate from south to north during the fishing year, the shore-based primary ACTION: Fishing restrictions; request for whiting season begins earlier south of comments. 42° N. lat. than north. For 2006: the SUMMARY: NMFS announces the primary season for the shore-based suspension of the primary season for sector between 42°–40°30’ N. lat. began Pacific whiting (whiting) fishery for the on April 1; south of 40°30′ N. lat., the shore-based sector south of 42° N. lat. at primary season began on April 15; and 1800 hours local time (l.t.) May 25, the fishery north of 42° N. lat. is 2006. ‘‘Per trip’’ limits for whiting will scheduled to begin June 15. be reinstated until 0001 hours June 15, Because the 4,873 mt allocation for 2005, at which time the primary season the early season fishery off California is for the shore-based sector will be open estimated to be reached, NMFS is coastwide. This action is authorized by announcing the suspension of the regulations implementing the Pacific primary whiting season south of 42° N. Coast Groundfish Fishery Management lat. Regulations at 50 CFR 660.323 (b)(4) Plan (FMP), which governs the allow this action to be taken. The groundfish fishery off Washington, 20,000-lb (9,072 kg) trip limit that was Oregon, and California. This action is in place before the start of the southern intended to keep the harvest of whiting primary season is being reinstated and at the 2006 allocation levels. will remain in effect until the primary PART 180—AMENDED PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 DATES: E:\FR\FM\01JNR1.SGM 01JNR1 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations season begins north of 42° N. lat. on June 15. A trip limit of 10,000 lb (4,536 kg) of whiting is in effect year-round (unless landings of whiting are prohibited) for vessels that fish in the Eureka area shoreward of the 100-fm (183-m) contour at any time during a fishing trip. This smaller limit is intended to minimize incidental catch of Chinook salmon, which are more likely to be caught shallower than 100 fm (183 m) in the Eureka area. mstockstill on PROD1PC68 with RULES NMFS Action This action announces achievement of the shore-based sector allocation specified at 50 CFR 660.323(a) for the fishery south of 42° N. lat. The best available information on May 23, 2006, indicated that the shore-based fishery allocation for the area south of 42° N. lat would be reached by 1800 l.t. May 25, 2006. For the reasons stated here and in accordance with the regulations at 50 CFR 660.323(b)(4), NMFS herein announces: Effective 1800 hours l.t. May 25, 2006 until 0001 l.t., June 15, 2006, the primary whiting season south of 42° N. lat is suspended. No more than 20,000-lb (9,072 kg) of whiting may be taken and retained, possessed or landed by a catcher vessel participating in the shore-based sector of the whiting fishery. If a vessel fishes shoreward of the 100 fm (183 m) contour in the Eureka area (43° – 40°30′ N. lat.) at any time during a fishing trip, the 10,000– lb (4,536 kg) trip limit applies. Classification This action is authorized by the regulations implementing the groundfish FMP. The determination to take these actions is based on the most recent data available. The aggregate data upon which the determinations are based are available for public inspection at the office of the Regional Administrator (see ADDRESSES) during business hours. The Assistant Administrator for Fisheries (AA), NMFS, finds good cause to waive the requirement to provide prior notice and opportunity for comment on this action pursuant to 5 U.S.C. 553 (3)(b)(B), because providing prior notice and opportunity would be impracticable. It would be impracticable because if this restriction were delayed in order to provide notice and comment, it would allow the allocation for the shore-based fishery south of 42° N. lat. to be exceeded. Similarly, the AA finds good cause to waive the 30-day delay in effectiveness requirement of 5 U.S.C. 553 (d)(3), as such a delay would cause the fishery south of 42° N. lat. to exceed its allocation. Allowing the early season VerDate Aug<31>2005 15:15 May 31, 2006 Jkt 208001 fishery to continue would result in a disproportionate shift in effort, which could result in greater impacts on Endangered Species Act listed Chinook salmon and overfished groundfish species that had been considered when the 2006 Pacific Coast groundfish harvest specifications were established. This action is taken under the authority of 50 CFR 660.323(b)(4), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 24, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–4987 Filed 5–25–06; 3:28 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060307059–6135–02; I.D. 030106B] RIN 0648–AU15 Fisheries of the Exclusive Economic Zone Off Alaska; Seasonal Closure of Chiniak Gully in the Gulf of Alaska to Trawl Fishing National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: SUMMARY: NMFS issues a final rule to close the Chiniak Gully Research Area on the east side of Kodiak Island in the Gulf of Alaska (GOA) to all commercial trawl fishing and testing of trawl gear from August 1 to a date no later than September 20 from 2006 through 2010. NMFS plans to conduct controlled experiments on the effects of commercial fishing on pollock distribution and abundance, as part of a comprehensive investigation of Steller sea lion (SSL) and commercial fishery interactions. This action supports the proposed experimental design by prohibiting commercial trawl fishing in the control site of Chiniak Gully. The proposed research could improve information on pollock movements and on the potential impacts of commercial pollock harvests on prey availability to SSLs. This action is intended to improve information used to evaluate fishery management actions to protect SSLs and their designated critical habitat. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 31105 Effective July 3, 2006 through December 31, 2010. ADDRESSES: Copies of the environmental assessment/regulatory impact review/ final regulatory flexibility analysis (EA/ RIR/FRFA) prepared for this action are available from: NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802– 1668, Attn: Records Officer; NMFS, Alaska Region, 709 West 9th Street, Room 420A, Juneau, AK; or the NMFS Alaska Region website at https:// www.fakr.noaa.gov. FOR FURTHER INFORMATION CONTACT: Becky Carls, 907–586–7228 or becky.carls@noaa.gov. SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive economic zone of the GOA are managed by NMFS under the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The FMP was prepared by the North Pacific Fishery Management Council (Council) under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600 and 679. DATES: Background and Need for Action The background and need for this action were described in the preamble to the proposed rule published in the Federal Register on March 27, 2006 (71 FR 15152). In summary, NMFS plans to conduct a controlled experiment to improve the information available to evaluate management actions to protect SSLs and their designated critical habitat. The action closes the control site of Chiniak Gully to commercial trawling, including the testing of trawl gear, between August 1 and a date no later than September 20 from 2006 through 2010. To minimize impacts on the fishing industry, the area will be opened to trawl fishing when the Administrator, Alaska Region, NMFS, determines that the experiment will not be conducted that year or that the experiment has been concluded prior to September 20. The experiment is likely to be conducted only in three of the years from 2006 through 2010. Regulatory Amendments In § 679.22, paragraph (b)(6) is revised to describe the area of the closure, identify the vessels subject to the closure, identify the prohibited activities, and specify the dates of the closure. The procedure for rescinding the closure when the relevant research activities have been completed for a particular year or will not be conducted that year also is included in E:\FR\FM\01JNR1.SGM 01JNR1

Agencies

[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Rules and Regulations]
[Pages 31104-31105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4987]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060424110-6110-01; I.D. 052406B]


Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; Suspension of the Primary Pacific Whiting Season for the 
Shore-based Sector South of 42[deg] North Latitude

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

ACTION: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces the suspension of the primary season for 
Pacific whiting (whiting) fishery for the shore-based sector south of 
42[deg] N. lat. at 1800 hours local time (l.t.) May 25, 2006. ``Per 
trip'' limits for whiting will be reinstated until 0001 hours June 15, 
2005, at which time the primary season for the shore-based sector will 
be open coastwide. This action is authorized by regulations 
implementing the Pacific Coast Groundfish Fishery Management Plan 
(FMP), which governs the groundfish fishery off Washington, Oregon, and 
California. This action is intended to keep the harvest of whiting at 
the 2006 allocation levels.

DATES: Effective from 1800 hours l.t. May 25, 2006 until 0001 hours 
June 15, 2006. Comments will be accepted through June 16, 2006.

ADDRESSES: You may submit comments, identified by I.D. 052406B by any 
of the following methods:
     E-mail:. 2006WhitingCAclosure.nwr@noaa.gov. Include I.D 
052406B in the subject line of the message.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 206-526-6736, Attn: Becky Renko.
     Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Becky 
Renko.

FOR FURTHER INFORMATION CONTACT: Becky Renko at 206-526-6110.

SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 660.323(a) 
established separate allocations for the catcher/processor, mothership, 
and shore-based sectors of the whiting fishery. For 2006, the 232,069 
mt commercial harvest guideline for whiting is divided with the 
catcher/processor sector receiving 78,903 mt (34 percent), the 
mothership sector receiving 55,696 mt (24 percent), and the shore-based 
sector receiving 97,469 mt (42 percent). The regulations further divide 
the shore-based allocation so that no more than 5 percent (4,873 mt) of 
the shore-based allocation may be taken in waters off the State of 
California before the primary season begins north of 42[deg] N. lat.
    The primary season for the shore-based sector is the period or 
periods when the large-scale target fishery is conducted, and when 
``per trip'' limits are not in effect. Because whiting migrate from 
south to north during the fishing year, the shore-based primary whiting 
season begins earlier south of 42[deg] N. lat. than north. For 2006: 
the primary season for the shore-based sector between 42[deg]-
40[deg]30' N. lat. began on April 1; south of 40[deg]30' N. lat., the 
primary season began on April 15; and the fishery north of 42[deg] N. 
lat. is scheduled to begin June 15.
    Because the 4,873 mt allocation for the early season fishery off 
California is estimated to be reached, NMFS is announcing the 
suspension of the primary whiting season south of 42[deg] N. lat. 
Regulations at 50 CFR 660.323 (b)(4) allow this action to be taken. The 
20,000-lb (9,072 kg) trip limit that was in place before the start of 
the southern primary season is being reinstated and will remain in 
effect until the primary

[[Page 31105]]

season begins north of 42[deg] N. lat. on June 15. A trip limit of 
10,000 lb (4,536 kg) of whiting is in effect year-round (unless 
landings of whiting are prohibited) for vessels that fish in the Eureka 
area shoreward of the 100-fm (183-m) contour at any time during a 
fishing trip. This smaller limit is intended to minimize incidental 
catch of Chinook salmon, which are more likely to be caught shallower 
than 100 fm (183 m) in the Eureka area.

NMFS Action

    This action announces achievement of the shore-based sector 
allocation specified at 50 CFR 660.323(a) for the fishery south of 
42[deg] N. lat. The best available information on May 23, 2006, 
indicated that the shore-based fishery allocation for the area south of 
42[deg] N. lat would be reached by 1800 l.t. May 25, 2006.
    For the reasons stated here and in accordance with the regulations 
at 50 CFR 660.323(b)(4), NMFS herein announces: Effective 1800 hours 
l.t. May 25, 2006 until 0001 l.t., June 15, 2006, the primary whiting 
season south of 42[deg] N. lat is suspended. No more than 20,000-lb 
(9,072 kg) of whiting may be taken and retained, possessed or landed by 
a catcher vessel participating in the shore-based sector of the whiting 
fishery. If a vessel fishes shoreward of the 100 fm (183 m) contour in 
the Eureka area (43[deg] - 40[deg]30' N. lat.) at any time during a 
fishing trip, the 10,000-lb (4,536 kg) trip limit applies.

Classification

    This action is authorized by the regulations implementing the 
groundfish FMP. The determination to take these actions is based on the 
most recent data available. The aggregate data upon which the 
determinations are based are available for public inspection at the 
office of the Regional Administrator (see ADDRESSES) during business 
hours.
    The Assistant Administrator for Fisheries (AA), NMFS, finds good 
cause to waive the requirement to provide prior notice and opportunity 
for comment on this action pursuant to 5 U.S.C. 553 (3)(b)(B), because 
providing prior notice and opportunity would be impracticable. It would 
be impracticable because if this restriction were delayed in order to 
provide notice and comment, it would allow the allocation for the 
shore-based fishery south of 42[deg] N. lat. to be exceeded. Similarly, 
the AA finds good cause to waive the 30-day delay in effectiveness 
requirement of 5 U.S.C. 553 (d)(3), as such a delay would cause the 
fishery south of 42[deg] N. lat. to exceed its allocation. Allowing the 
early season fishery to continue would result in a disproportionate 
shift in effort, which could result in greater impacts on Endangered 
Species Act listed Chinook salmon and overfished groundfish species 
that had been considered when the 2006 Pacific Coast groundfish harvest 
specifications were established. This action is taken under the 
authority of 50 CFR 660.323(b)(4), and is exempt from review under 
Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 24, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-4987 Filed 5-25-06; 3:28 pm]
BILLING CODE 3510-22-S