Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship Scallop Access Area to General Category Scallop Vessels, 40027-40028 [06-6236]

Download as PDF Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations DHS and OMB have determined that this rule does not constitute a significant regulatory action under Executive Order 12866. This interim rule does not substantially change the amount of eligible grant funding under Presidential emergency or major disaster declarations. Rather, it alters the mechanism by which assistance for sheltering and evacuation operations is delivered. regulations, directives, manuals, and other guidance documents related to actions that qualify for categorical exclusions. Because no other extraordinary circumstances have been identified, this interim rule will not require the preparation of either an environmental assessment or an environmental impact statement as defined by the National Environmental Policy Act. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) mandates that an agency conduct an RFA analysis when an agency is ‘‘required by section 553 * * * to publish general notice of proposed rulemaking for any proposed rule * * *’’ 5 U.S.C. 603(a). Accordingly, RFA analysis is not required when a rule is exempt from notice and comment rulemaking under 5 U.S.C. 553(b). DHS has determined that good cause exists under 5 U.S.C. 553(b)(B) to exempt this rule from the notice and comment requirements of 5 U.S.C. 553(b). Therefore no RFA analysis under 5 U.S.C. 603 is required for this rule. Paperwork Reduction Act of 1995 cprice-sewell on PROD1PC66 with RULES Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Unfunded Mandates Reform Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector, of $100,000,000 or more in any one year. The Unfunded Mandates Reform Act does not require an assessment in the case of an interim rule issued without prior notice and public comment. Nevertheless, FEMA does not expect this rule to result in such expenditure. Executive Order 13132, Federalism This interim rule will not 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. It will not preempt any State laws. In accordance with section 6 of Executive Order 13132, FEMA determines that this rule will not have federalism implications sufficient to warrant the preparation of a federalism impact statement. National Environmental Policy Act This interim rule falls within the exclusion category of 44 CFR 10.8(d)(2)(ii), which addresses the preparation, revision, adoption of VerDate Aug<31>2005 15:14 Jul 13, 2006 Jkt 208001 This interim rule will not revise information collection requirements currently approved under the Paperwork Reduction Act of 1995. Under the Paperwork Reduction Act, a person may not be penalized for failing to comply with an information collection that does not display a currently valid OMB control number. FEMA has determined that because the interim rule would not involve information collection, there is no need to address the Paperwork Reduction Act in the promulgation of the rule. List of Subjects in 44 CFR Part 206 Public Assistance, Work Eligibility. Accordingly, for the reasons set forth in the preamble, FEMA amends part 206 of Chapter I of title 44 of the Code of Federal Regulations as follows: I PART 206—FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER NOVEMBER 23, 1988 1. Revise the authority citation for part 206 to read as follows: I Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 CFR, 1989 Comp., p. 214. 2. Revise § 206.223(a)(2) to read as follows: I § 206.223 General work eligibility. (a) * * * (2) Be located within a designated disaster area, except that sheltering and evacuation activities may be located outside the designated disaster area, and * * * * * Dated: July 10, 2006. R. David Paulison, Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6–11128 Filed 7–13–06; 8:45 am] BILLING CODE 9110–10–P PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 40027 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 060314069–6069–01; I.D. 071106A] Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship Scallop Access Area to General Category Scallop Vessels National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS announces that the 577 allowed trips for general category scallop vessels into the Nantucket Lightship Scallop Access Area (NLCA) are projected to be taken by 0001 hr local time, July 13, 2006. The area will be closed to general category vessels until it reopens on June 15, 2007. This action is being taken to prevent the allocation of general category trips in the NLCA from being exceeded during the 2006 fishing year in accordance with the regulations implemented under Framework 18 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act. The closure of the NLCA to all general category scallop vessels is effective 0001 hr local time, July 13, 2006, through June 14, 2007. FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management Specialist, (978) 281–9326, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas are found at 50 CFR 648.59 and 648.60. Regulations specifically governing general category scallop vessel operations in the NLCA are specified at § 648.59(d)(5)(ii). These regulations authorize vessels issued a valid general category scallop permit to fish in the NLCA under specific conditions, including a cap of 577 trips to be made by general category vessels during the 2006 fishing year. The regulations at § 648.59(d)(5)(ii) close the NLCA to general category scallop vessels once the Northeast Regional Administrator (RA) DATES: E:\FR\FM\14JYR1.SGM 14JYR1 40028 Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations has determined that the allowed number of trips are projected to be taken. Based on Vessel Monitoring System (VMS) trip declarations by general category scallop vessels fishing in the NLCA and analysis of fishing effort, a projection concluded that, given current activity levels by general category scallop vessels in the area, the trip cap would be attained on July 13, 2006. Therefore, in accordance with the regulations at 50 CFR 648.59(d)(5)(ii), the NLCA is closed to all general category scallop vessels as of 0001 hr local time, July 13, 2006. This closure is in effect for the remainder of the 2006 Access Area Season, which ends January 31, 2007. The NLCA is scheduled to re-open to scallop fishing, including trips for general category scallop vessels, on June 15, 2007, unless the schedule for scallop access areas is modified by the New England Fishery Management Council. cprice-sewell on PROD1PC66 with RULES Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. This action closes the NLCA to all general category scallop vessels until June 15, 2007. The regulations at § 648.59(d)(5)(ii) allow such action to ensure that general category scallop vessels do not take more than their allocated number of trips in the Scallop Access Area. The NLCA opened for the 2006 fishing year on June 15, 2006. Data indicating the general category scallop fleet has taken all of the NLCA trips have only recently become available. To allow general category scallop vessels to continue to take trips in the NLCA during the period necessary to publish and receive comments on a proposed rule would result in vessels taking much more than the allowed number of trips in the NLCA. Excessive trips and harvest from the Scallop Access Area would result in excessive fishing effort in the Access Area, where effort controls are critical. Should excessive effort occur in the Access Area, future management measures would need to be more restrictive. Based on the above, under 5 U.S.C. 553(d)(3), proposed rulemaking is waived because it would be impracticable and contrary to the public interest to allow a period for public comment. Furthermore, for the same reasons, there is good cause under 5 U.S.C 553(d)(3) to waive the 30–day delayed effectiveness period for this action. Authority: 16 U.S.C. 1801 et seq. VerDate Aug<31>2005 15:14 Jul 13, 2006 Jkt 208001 Dated: July 11, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–6236 Filed 7–11–06; 2:45 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No.060216045–6045–01; I.D. 070706B] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Central Aleutian District of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 Pacific ocean perch total allowable catch (TAC) in the Central Aleutian District of the BSAI. Effective 1200 hrs, Alaska local time (A.l.t.), July 10, 2006, through 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2006 Pacific ocean perch TAC in the Central Aleutian District of the BSAI is 2,808 metric tons (mt) as established by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the 2006 Pacific ocean perch TAC in the Central Aleutian District of the BSAI will soon DATES: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 2,508 mt, and is setting aside the remaining 300 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the Central Aleutian District of the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific ocean perch in the Central Aleutian District of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 7, 2006. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 10, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–6214 Filed 7–10–06; 3:42 pm] BILLING CODE 3510–22–S E:\FR\FM\14JYR1.SGM 14JYR1

Agencies

[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Rules and Regulations]
[Pages 40027-40028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6236]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6069-01; I.D. 071106A]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Nantucket Lightship Scallop Access Area 
to General Category Scallop Vessels

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the 577 allowed trips for general category 
scallop vessels into the Nantucket Lightship Scallop Access Area (NLCA) 
are projected to be taken by 0001 hr local time, July 13, 2006. The 
area will be closed to general category vessels until it reopens on 
June 15, 2007. This action is being taken to prevent the allocation of 
general category trips in the NLCA from being exceeded during the 2006 
fishing year in accordance with the regulations implemented under 
Framework 18 to the Atlantic Sea Scallop Fishery Management Plan (FMP) 
and the Magnuson-Stevens Fishery Conservation and Management Act.

DATES: The closure of the NLCA to all general category scallop vessels 
is effective 0001 hr local time, July 13, 2006, through June 14, 2007.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management 
Specialist, (978) 281-9326, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the Sea Scallop Access Areas are found at 50 CFR 648.59 and 648.60. 
Regulations specifically governing general category scallop vessel 
operations in the NLCA are specified at Sec.  648.59(d)(5)(ii). These 
regulations authorize vessels issued a valid general category scallop 
permit to fish in the NLCA under specific conditions, including a cap 
of 577 trips to be made by general category vessels during the 2006 
fishing year. The regulations at Sec.  648.59(d)(5)(ii) close the NLCA 
to general category scallop vessels once the Northeast Regional 
Administrator (RA)

[[Page 40028]]

has determined that the allowed number of trips are projected to be 
taken.
    Based on Vessel Monitoring System (VMS) trip declarations by 
general category scallop vessels fishing in the NLCA and analysis of 
fishing effort, a projection concluded that, given current activity 
levels by general category scallop vessels in the area, the trip cap 
would be attained on July 13, 2006. Therefore, in accordance with the 
regulations at 50 CFR 648.59(d)(5)(ii), the NLCA is closed to all 
general category scallop vessels as of 0001 hr local time, July 13, 
2006. This closure is in effect for the remainder of the 2006 Access 
Area Season, which ends January 31, 2007. The NLCA is scheduled to re-
open to scallop fishing, including trips for general category scallop 
vessels, on June 15, 2007, unless the schedule for scallop access areas 
is modified by the New England Fishery Management Council.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the NLCA to all general category scallop vessels 
until June 15, 2007. The regulations at Sec.  648.59(d)(5)(ii) allow 
such action to ensure that general category scallop vessels do not take 
more than their allocated number of trips in the Scallop Access Area. 
The NLCA opened for the 2006 fishing year on June 15, 2006. Data 
indicating the general category scallop fleet has taken all of the NLCA 
trips have only recently become available. To allow general category 
scallop vessels to continue to take trips in the NLCA during the period 
necessary to publish and receive comments on a proposed rule would 
result in vessels taking much more than the allowed number of trips in 
the NLCA. Excessive trips and harvest from the Scallop Access Area 
would result in excessive fishing effort in the Access Area, where 
effort controls are critical. Should excessive effort occur in the 
Access Area, future management measures would need to be more 
restrictive. Based on the above, under 5 U.S.C. 553(d)(3), proposed 
rulemaking is waived because it would be impracticable and contrary to 
the public interest to allow a period for public comment. Furthermore, 
for the same reasons, there is good cause under 5 U.S.C 553(d)(3) to 
waive the 30-day delayed effectiveness period for this action.

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

    Dated: July 11, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-6236 Filed 7-11-06; 2:45 pm]
BILLING CODE 3510-22-S