Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Deep-Water Grouper Commercial Fishery, 35198-35199 [06-5488]

Download as PDF 35198 Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations to be correct; Agave arizonica is a sporadically occurring hybrid, rather than a distinct taxon. Therefore, no monitoring period following delisting is required. National Environmental Policy Act We have determined that an Environmental Assessment or an Environmental Impact Statement, as defined under the authority of the National Environmental Policy Act of 1969, need not be prepared in connection with regulations adopted pursuant to section 4(a) of the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). wwhite on PROD1PC61 with RULES Paperwork Reduction Act Office of Management and Budget (OMB) regulations at 5 CFR part 1320 implement provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The OMB regulations at 5 CFR 1320.3(c) define a collection of information as the obtaining of information by or for an agency by means of identical questions posed to, or identical reporting, recordkeeping, or disclosure requirements imposed on, 10 or more persons. Furthermore, 5 CFR 1320.3(c)(4) specifies that ‘‘ten or more persons’’ refers to the persons to whom a collection of information is addressed by the agency within any 12-month period. For purposes of this definition, employees of the Federal Government are not included. The Service may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This rule does not include any collections of information that require approval by OMB under the Paperwork Reduction Act. The Agave arizonica is being delisted because the taxonomic interpretation that it is a species is no longer believed to be correct; Agave arizonica is a sporadically occurring hybrid, rather than a distinct taxon. Therefore, no monitoring period following delisting would be required, and we do not anticipate a need to request data or other information from 10 or more persons during any 12month period in order to satisfy monitoring information needs. If it becomes necessary to collect information from 10 or more nonFederal individuals, groups, or organizations per year, we will first obtain information collection approval from OMB. VerDate Aug<31>2005 15:59 Jun 16, 2006 Jkt 208001 Executive Order 13211 On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. As this final rule is not expected to significantly affect energy supplies, distribution, or use, this action is not a significant energy action and no Statement of Energy Effects is required. References Cited DeLamater, R. 1984. Natural distribution and status of Agave arizonica Gentry and Weber in Arizona with accompanying maps. Prepared for USDA Forest Service Range Management, Albuquerque, NM. 11 pp. DeLamater, R. and W. Hodgson. 1986. Agave arizonica: An endangered species, a hybrid, or does it matter? Proceedings of a California Native Plant Society Conference. Sacramento, CA. Gentry, H.S. and J.H. Weber. 1970. Two New Agaves in Arizona. Cactus and Succulent Journal. 42(5): 223–228. Grant, V. 1963. The Origin of Adaptations. Columbia University Press, New York. 606 pp. Hodgson, W. and R. DeLamater. 1988. Agave arizonica Gentry and Weber; Summary of status and report on recent studies. Desert Botanical Gardens, Phoenix, AZ. U.S.D.I., U.S. Fish and Wildlife Service, Albuquerque, NM. 11 pp. Hodgson, W. 1999. Vascular plants of Arizona: Agavaceae. Journal of ArizonaNevada Academy of Science 32(1): 1–21. Pinkava, D.J. and M.A. Baker. 1985. Chromosome and hybridization studies of agaves. Desert Plants. 7(2): 93–100. Riesberg, L.H. 1991. Hybridization in rare plants: insights from case studies in Cercocarpus and Helianthus. In Genetics and conservation of rare plants. Donald A. Falk and K.E. Holsinger (Eds). Oxford University Press, New York. 283 pp. ¨ Trabold, P.A. 2001. Re-establishment—Agave arizonica. M.S. thesis. California State University, Fullerton, CA. 65 pp. Authors The primary authors of this document are staff located at the Arizona Ecological Services Tucson Sub-office (see FOR FURTHER INFORMATION CONTACT section). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Regulation Promulgation Accordingly, we hereby amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: I PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 PART 17—[AMENDED] 1. The authority citation for part 17 continues to read as follows: I Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Public Law 99–625, 100 Stat. 3500; unless otherwise noted. § 17.12 [Amended] 2. Amend § 17.12(h) by removing the entry ‘‘Agave arizonica’’ under ‘‘FLOWERING PLANTS’’ from the List of Endangered and Threatened Plants. I Dated: May 19, 2006. Kenneth Stansell, Acting Director, Fish and Wildlife Service. [FR Doc. E6–8643 Filed 6–16–06; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [I.D. 060806E] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Deep-Water Grouper Commercial Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS closes the commercial fishery for deep-water grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and speckled hind) in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined that the deep-water grouper quota for the commercial fishery will have been reached by June 26, 2006. This closure is necessary to protect the deep-water grouper resource. DATES: Closure is effective 12:01 a.m., local time, June 27, 2006, until 12:01 a.m., local time, on January 1, 2007. FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727–824–5350, fax 727–824–5308, e-mail Jason.Rueter@noaa.gov. The reef fish fishery of the Gulf of Mexico is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery SUPPLEMENTARY INFORMATION: E:\FR\FM\19JNR1.SGM 19JNR1 Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Rules and Regulations wwhite on PROD1PC61 with RULES Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those regulations set the commercial quota for deep-water grouper in the Gulf of Mexico at 1.02 million lb (463,636 kg) for the current fishing year, January 1 through December 31, 2006. Under 50 CFR 622.43(a), NMFS is required to close the commercial fishery for a species or species group when the quota for that species or species group is reached, or is projected to be reached, by filing a notification to that effect in the Federal Register. Based on current statistics, NMFS has determined that the available commercial quota of 1.02 million lb (463,636 kg) for deep-water grouper will be reached on or before June 26 2006. Accordingly, NMFS is closing the commercial deep-water grouper fishery in the Gulf of Mexico EEZ from 12:01 a.m., local time, on June 27, 2006, until 12:01 a.m., local time, on January 1, 2007. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish having deep-water grouper aboard must have landed and bartered, traded, or sold such deepwater grouper prior to 12:01 a.m., local time, June 27, 2006. During the closure, the bag and possession limits specified in 50 CFR 622.39(b) apply to all harvest or possession of deep-water grouper in or from the Gulf of Mexico EEZ, and the sale or purchase of deep-water grouper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to sale or purchase of deep-water grouper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, June 27, 2006, and were held in cold storage by a dealer or processor. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds that the need to immediately implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would be unnecessary and contrary to the public interest. Similarly, there is a need to implement these measures in a timely fashion to prevent an overrun of the commercial quota of Gulf of Mexico deep-water grouper, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be impractical and contrary to the Magnuson-Steven Act, the FMP, and the public interest. For these same reasons, NMFS finds good VerDate Aug<31>2005 15:59 Jun 16, 2006 Jkt 208001 cause that the implementation of this action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is waived. This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 9, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–5488 Filed 6–13–06; 2:49 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 040112010–4114–02; I.D. 061306A] Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Gear Restrictions for the U.S./ Canada Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; gear restriction. AGENCY: SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region, NMFS (Regional Administrator), is modifying the gear restrictions for the U.S./Canada Management Area to require all limited access NE multispecies vessels fishing on a NE multispecies day-at-sea (DAS) with trawl gear in the Eastern U.S./Canada Area to use a haddock separator trawl. A projection based on available catch and discard information indicates that 30 percent of the total allowable catch (TAC) for Georges Bank (GB) cod specified for the Eastern U.S./Canada Area will be harvested by June 20, 2006. This catch rate could result in the harvest of the available TAC specified for GB cod before the end of the 2006 fishing year on April 30, 2007. This action is intended to slow the catch of GB cod in the Eastern U.S./Canada Area to prolong access to the Eastern U.S./ Canada Area and to prevent the GB cod TAC specified for the Eastern U.S./ Canada Area from being exceeded during the 2006 fishing year. This action is authorized by the regulations implementing Amendment 13 to the NE PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 35199 Multispecies Fishery Management Plan (FMP) under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Effective June 19, 2006, through April 30, 2007, unless otherwise superseded by another temporary rule. FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy Analyst, (978) 281–9141, fax (978) 281– 9135. SUPPLEMENTARY INFORMATION: Regulations governing the gear requirements for the U.S./Canada Management Area are found at § 648.85(a)(3)(iii). The regulations require trawl vessels issued a valid limited access NE multispecies permit and fishing under a NE multispecies DAS in the Eastern U.S./Canada Area, as defined at § 648.85(a)(1)(ii), to fish with either a haddock separator trawl or a flounder net. The Eastern U.S./Canada Area GB cod TAC for the 2006 fishing year (May 1, 2006 - April 30, 2007) was specified at 374 mt on April 28, 2006 (71 FR 25095). Once the available TAC for GB cod, GB haddock, or GB yellowtail flounder is projected to be caught, the Regional Administrator is required to close the Eastern U.S./ Canada Area to all NE multispecies DAS vessels for the remainder of the fishing year, pursuant to § 648.85(a)(3)(iv)(E). The regulations at § 648.85(a)(3)(iv)(D) authorize the Regional Administrator to modify certain regulations governing the harvesting of fish from the U.S./Canada Management Area, including gear requirements, to prevent over-harvesting or under-harvesting the TAC allocations specified for GB cod, GB haddock, or GB yellowtail flounder in the U.S./Canada Management Area once at least 30 percent of the TAC allocations specified for the U.S./Canada Management Area are projected to be, or have been, harvested. Based upon Vessel Monitoring System (VMS) reports and other available information, the Regional Administrator has projected that the current rate of harvest of GB cod will result in 30 percent of the 2006 Eastern U.S./Canada Area GB cod TAC being harvested by June 20, 2006. At this rate, it is likely that the 2006 Eastern U.S./Canada Area GB cod TAC would be caught before the end of the 2006 fishing year, resulting in the premature closure of the Eastern U.S./ Canada Area and the potential underharvest of the available TACs for GB haddock and GB yellowtail flounder during the 2006 fishing year. Based on this information, the Regional Administrator is requiring that all limited access NE multispecies vessels E:\FR\FM\19JNR1.SGM 19JNR1

Agencies

[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Rules and Regulations]
[Pages 35198-35199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5488]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 060806E]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Deep-Water 
Grouper Commercial Fishery

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the commercial fishery for deep-water grouper 
(misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and 
speckled hind) in the exclusive economic zone (EEZ) of the Gulf of 
Mexico. NMFS has determined that the deep-water grouper quota for the 
commercial fishery will have been reached by June 26, 2006. This 
closure is necessary to protect the deep-water grouper resource.

DATES: Closure is effective 12:01 a.m., local time, June 27, 2006, 
until 12:01 a.m., local time, on January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5350, 
fax 727-824-5308, e-mail Jason.Rueter@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf 
of Mexico Fishery Management Council and is implemented under the 
authority of the Magnuson-Stevens Fishery

[[Page 35199]]

Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622. Those regulations set the commercial quota for 
deep-water grouper in the Gulf of Mexico at 1.02 million lb (463,636 
kg) for the current fishing year, January 1 through December 31, 2006.
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect in the Federal Register. Based on current 
statistics, NMFS has determined that the available commercial quota of 
1.02 million lb (463,636 kg) for deep-water grouper will be reached on 
or before June 26 2006. Accordingly, NMFS is closing the commercial 
deep-water grouper fishery in the Gulf of Mexico EEZ from 12:01 a.m., 
local time, on June 27, 2006, until 12:01 a.m., local time, on January 
1, 2007. The operator of a vessel with a valid commercial vessel permit 
for Gulf reef fish having deep-water grouper aboard must have landed 
and bartered, traded, or sold such deep-water grouper prior to 12:01 
a.m., local time, June 27, 2006.
    During the closure, the bag and possession limits specified in 50 
CFR 622.39(b) apply to all harvest or possession of deep-water grouper 
in or from the Gulf of Mexico EEZ, and the sale or purchase of deep-
water grouper taken from the EEZ is prohibited. The prohibition on sale 
or purchase does not apply to sale or purchase of deep-water grouper 
that were harvested, landed ashore, and sold prior to 12:01 a.m., local 
time, June 27, 2006, and were held in cold storage by a dealer or 
processor.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to close 
the fishery constitutes good cause to waive the requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would 
be unnecessary and contrary to the public interest. Similarly, there is 
a need to implement these measures in a timely fashion to prevent an 
overrun of the commercial quota of Gulf of Mexico deep-water grouper, 
given the capacity of the fishing fleet to harvest the quota quickly. 
Any delay in implementing this action would be impractical and contrary 
to the Magnuson-Steven Act, the FMP, and the public interest. For these 
same reasons, NMFS finds good cause that the implementation of this 
action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 
553(d), a delay in the effective date is waived.
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: June 9, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-5488 Filed 6-13-06; 2:49 pm]
BILLING CODE 3510-22-S