Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for the Shore-based Sector and the Resumption of Trip Limits, 44590-44591 [06-6737]

Download as PDF 44590 Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 6, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: June 20, 2006. Wayne Nastri, Regional Administrator, Region IX. 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart DD—Nevada 2. Section 52.1470 is amended by adding paragraphs (c)(57) and (c)(58) to read as follows: I Identification of plan. cprice-sewell on PROD1PC66 with RULES * * * * (c) * * * (57) The following plan revision was submitted on February 14, 2006, by the Governor’s designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality and Environmental Management. (1) Carbon Monoxide State Implementation Plan Revision, Las Vegas Valley Nonattainment Area, Clark County, Nevada, adopted on October 4, 2005 by the Clark County Board of Commissioners (with the exception of section 7.3 (page 7–2), ‘‘Mobile Source Emissions Budget’’). (58) The following plan revision was submitted on May 12, 2006, by the Governor’s designee. (i) Incorporation by reference. VerDate Aug<31>2005 16:18 Aug 04, 2006 Jkt 208001 BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 051014263–6028–03; I.D. 080106A] Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for the Shore-based Sector and the Resumption of Trip Limits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; request for comments. PART 52—[AMENDED] * [FR Doc. E6–12761 Filed 8–4–06; 8:45 am] AGENCY: Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: I § 52.1470 (A) Clark County Department of Air Quality and Environmental Management. (1) Section 7.3 (page 7–2), ‘‘Mobile Source Emissions Budget’’ of the Carbon Monoxide State Implementation Plan Revision, Las Vegas Valley Nonattainment Area, Clark County, Nevada, adopted on May 2, 2006 by the Clark County Board of Commissioners. SUMMARY: NMFS announces the end of the 2006 primary season for the Pacific whiting (whiting) shore-based sector at 6 p.m. local time (l.t.) August 2, 2006, because the allocation is projected to be reached. This action is intended to keep the harvest of whiting at the 2006 allocation levels. DATES: Effective from 6 p.m. l.t. August 2, 2006, until January 1, 2007. Comments will be accepted through August 22, 2006. ADDRESSES: You may submit comments, identified by [docket number and/or RIN number], by any of the following methods: • E-mail:. WhitingSBclosure2006.nwr@noaa.gov Include [docket number and/or RIN number] 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. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Becky Renko at 206–526–6110. SUPPLEMENTARY INFORMATION: 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. The regulations at 50 CFR 660.323(a) establish 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). Regulations at 50 CFR 660.373(b) describe the primary season for each sector. The primary season for the shore-based sector is the period(s) when the large-scale target fishery is conducted, and when ‘‘per trip’’ limits are not in effect. Before and after the primary season, per-trip limits are in effect for whiting. The best available information on July 31, 2006, indicates that 81,159 mt had been taken through July 27, 2006, 2006, and that the 97,469 mt shore-based allocation will be reached by August 2, 2006. This Federal Register document announces that the primary season for the shore-based sector ends on August 2, 2006, and a 10,000–lb (4,536–kg) trip limit is imposed. Per-trip limits are for vessels using large or small footrope trawl gear and are intended to accommodate small bait and fresh fish markets, and bycatch in other fisheries. To minimize incidental catch of Chinook salmon by vessels fishing shoreward of the 100–fm (183–m) contour in the Eureka area, at any time during a fishing trip, a limit of 10,000 lb (4,536 kg) of whiting is in effect yearround, except when landings of whiting are prohibited. NMFS Action For the reasons stated above, and in accordance with the regulations at 50 CFR 660.323(b)(3), NMFS herein announces: Effective 6 p.m. l.t. August 2, 2006, no more than 10,000 lb (4,536 kg) of whiting may be taken and retained, possessed or landed by any vessel participating in the shore-based sector of the whiting fishery, unless otherwise announced in the Federal Register. 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) E:\FR\FM\07AUR1.SGM 07AUR1 Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations trip limit applies, as announced in the annual management measures at paragraph IV, B (3)(c)(ii), except when the whiting fishery is closed. DEPARTMENT OF COMMERCE Classification 50 CFR Part 679 This action is authorized by the regulations implementing the FMP. The determination to take this action is based on the most recent data available. The Assistant Administrator for fisheries, 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(b)(B), because providing prior notice and opportunity would be impracticable. It would be impracticable because if this closure were delayed in order to provide notice and comment, the fishery would be expected to greatly exceed the sector allocation. This would either result in the entire whiting optimum yield being exceeded, or in the allocations for the other sectors being reduced. Therefore, good cause also exists to waive the 30–day delay in effectiveness requirement of 5 U.S.C. 553 (d)(3). The aggregate data upon which the determination is based are available for public inspection at the Office of the Regional Administrator (see ADDRESSES) during business hours. This action is taken under the authority of 50 CFR 660.323(b)(3) and is exempt from review under Executive Order 12866. [Docket No. 060216044–6044–01; I.D. 080206A] Authority: 16 U.S.C. 1801 et seq. Dated: August 1, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries , National Marine Fisheries Service. [FR Doc. 06–6737 Filed 8–2–06; 12:58 pm] cprice-sewell on PROD1PC66 with RULES BILLING CODE 3510–22–S VerDate Aug<31>2005 16:18 Aug 04, 2006 Jkt 208001 National Oceanic and Atmospheric Administration Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; prohibition of retention. AGENCY: SUMMARY: NMFS is prohibiting retention of northern rockfish in the Central Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring that catch of northern rockfish in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2006 total allowable catch (TAC) of northern rockfish in this area has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 3, 2006, until 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens 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 TAC of northern rockfish in the Central Regulatory Area of the GOA is 3,608 metric tons as established by the 2006 and 2007 harvest specifications PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 44591 for groundfish of the GOA (71 FR 10870, March 3, 2006). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS, has determined that the northern rockfish TAC in the Central Regulatory Area of the GOA has been reached. Therefore, NMFS is requiring that further catches of northern rockfish in the Central Regulatory Area of the GOA be treated as prohibited species in accordance with § 679.21(b). 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 prohibition of retention of northern rockfish in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 27, 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: August 2, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–6736 Filed 8–2–06; 12:58 pm] BILLING CODE 3510–22–S E:\FR\FM\07AUR1.SGM 07AUR1

Agencies

[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Rules and Regulations]
[Pages 44590-44591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6737]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-6028-03; I.D. 080106A]


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; End of the Pacific Whiting Primary Season for the Shore-based 
Sector and the Resumption of Trip Limits

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

ACTION: Temporary rule; request for comments.

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SUMMARY:  NMFS announces the end of the 2006 primary season for the 
Pacific whiting (whiting) shore-based sector at 6 p.m. local time 
(l.t.) August 2, 2006, because the allocation is projected to be 
reached. This action is intended to keep the harvest of whiting at the 
2006 allocation levels.

DATES:  Effective from 6 p.m. l.t. August 2, 2006, until January 1, 
2007.
    Comments will be accepted through August 22, 2006.

ADDRESSES:  You may submit comments, identified by [docket number and/
or RIN number], by any of the following methods:
     E-mail:. WhitingSBclosure2006.nwr@noaa.gov Include [docket 
number and/or RIN number] 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: 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.
    The regulations at 50 CFR 660.323(a) establish 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).
    Regulations at 50 CFR 660.373(b) describe the primary season for 
each sector. The primary season for the shore-based sector is the 
period(s) when the large-scale target fishery is conducted, and when 
``per trip'' limits are not in effect. Before and after the primary 
season, per-trip limits are in effect for whiting.
    The best available information on July 31, 2006, indicates that 
81,159 mt had been taken through July 27, 2006, 2006, and that the 
97,469 mt shore-based allocation will be reached by August 2, 2006. 
This Federal Register document announces that the primary season for 
the shore-based sector ends on August 2, 2006, and a 10,000-lb (4,536-
kg) trip limit is imposed. Per-trip limits are for vessels using large 
or small footrope trawl gear and are intended to accommodate small bait 
and fresh fish markets, and bycatch in other fisheries. To minimize 
incidental catch of Chinook salmon by vessels fishing shoreward of the 
100-fm (183-m) contour in the Eureka area, at any time during a fishing 
trip, a limit of 10,000 lb (4,536 kg) of whiting is in effect year-
round, except when landings of whiting are prohibited.

NMFS Action

    For the reasons stated above, and in accordance with the 
regulations at 50 CFR 660.323(b)(3), NMFS herein announces:
    Effective 6 p.m. l.t. August 2, 2006, no more than 10,000 lb (4,536 
kg) of whiting may be taken and retained, possessed or landed by any 
vessel participating in the shore-based sector of the whiting fishery, 
unless otherwise announced in the Federal Register. 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)

[[Page 44591]]

trip limit applies, as announced in the annual management measures at 
paragraph IV, B (3)(c)(ii), except when the whiting fishery is closed.

Classification

    This action is authorized by the regulations implementing the FMP. 
The determination to take this action is based on the most recent data 
available. The Assistant Administrator for fisheries, 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(b)(B), because 
providing prior notice and opportunity would be impracticable. It would 
be impracticable because if this closure were delayed in order to 
provide notice and comment, the fishery would be expected to greatly 
exceed the sector allocation. This would either result in the entire 
whiting optimum yield being exceeded, or in the allocations for the 
other sectors being reduced. Therefore, good cause also exists to waive 
the 30-day delay in effectiveness requirement of 5 U.S.C. 553 (d)(3). 
The aggregate data upon which the determination is based are available 
for public inspection at the Office of the Regional Administrator (see 
ADDRESSES) during business hours.
    This action is taken under the authority of 50 CFR 660.323(b)(3) 
and is exempt from review under Executive Order 12866.

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

    Dated: August 1, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries , National Marine 
Fisheries Service.
[FR Doc. 06-6737 Filed 8-2-06; 12:58 pm]
BILLING CODE 3510-22-S

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