Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Correction, 57889-57890 [06-8436]

Download as PDF Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations sections 367(b) and 381 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9273) contain an error that may prove to be misleading and are in need of clarification. Correction of Publication List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments: I PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read, in part, as follows: I Authority: 26 U.S.C. 7805 * * * § 1.367(b)–7 [Corrected] I Section 1.367(b)–7(e)(2) Example 4.(iii)(C) in the following table under the heading ‘‘Foreign taxes’’ the third column heading ‘‘Taxes avaialable’’ is corrected to read ‘‘Foreign taxes available’’. * * * * * Guy R. Traynor, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E6–16116 Filed 9–29–06; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 051014263–6249–04; I.D. 120805A] RIN 0648–AU00 Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Specifications and Management Measures; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Correction. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: On August 22, 2006, a temporary rule extension was published in the Federal Register intending to extend the 2006 optimum yield (OY) for VerDate Aug<31>2005 23:26 Sep 29, 2006 Jkt 208001 darkblotched rockfish caught in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. This correction changes the ‘‘ACTION’’ and ‘‘DATES’’ sections of that rule to remove references to a temporary rule and make the amendments published on August 22, 2006, effective August 27, 2006. DATES: The amendments to 50 CFR part 660, subpart G, published at 71 FR 48824, August 22, 2006, are effective August 27, 2006. FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS), phone: 206–526–6140; fax: 206–526– 6736; and e-mail: jamie.goen@noaa.gov. SUPPLEMENTARY INFORMATION: On August 22, 2006 (71 FR 48824), a temporary rule extension was published in the Federal Register intending to extend the 2006 optimum yield (OY) for darkblotched rockfish caught in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. Acceptable biological catches (ABCs) and OYs are established for each year. Management measures are established at the start of the biennial period, and are adjusted throughout the biennial management period, to keep harvest within the OYs. At the Pacific Council’s October 31 - November 4, 2005, meeting in San Diego, CA, the Pacific Council, in consultation with Pacific Coast Treaty Indian Tribes and the States of Washington, Oregon, and California, recommended a reduction of the 2006 darkblotched rockfish OY to 200 mt for March through December 2006. The management measures for March through December 2006 were proposed on December 19, 2005 (70 FR 75115), and implemented via the final rule published on February 17, 2006 (71 FR 8489). The 2006 darkblotched rockfish OY of 200 mt is an interim measure pursuant to section 305(c) of the MagnusonStevens Act, in effect while the rebuilding plan (now referred to as Amendment 16–4) is being developed and implemented. Under the provisions of section 305(c)(3) of the MagnusonStevens Act, interim measures shall remain in effect for not more than 180 days after the date of publication, and may be extended by publication in the Federal Register for an additional period of not more than 180 days, provided the public has had an opportunity to comment on the interim measures, and the Council is actively preparing a plan amendment to address rebuilding on a permanent basis. The public has been provided an opportunity to comment on the interim PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 57889 measures in the proposed rule (70 FR 75115, December 19, 2005), and NMFS recently announced the availability of Amendment 16–4, for public review (71 FR 25051, September 11, 2006). The proposed rule for Amendment 16–4 and the 2007–2008 specifications and management measures are expected to publish in September 2006 with a final rule expected to publish in November 2006, and become effective January 1, 2007. In addition, the Court’s Order in Natural Resources Defense Council (NRDC) v. NMFS, 421 F.3d 872 (9th Cir. 2005) dated December 8, 2005, requires NMFS to implement a darkblotched rockfish quota for the entire 2006 fishing year pursuant to section 305(c). Because Amendment 16–4 has not completed its public and Agency review period, and the interim measure published with the February 17, 2006 final rule (71 FR 8489) expired on August 27, 2006, NMFS published an extension to the darkblotched rockfish OY beyond the first 180-day period (71 FR 48824, August 22, 2006 ). However, the ‘‘ACTION’’ and ‘‘DATES’’ sections of the August 22, 2006 (71 FR 48824), Federal Register notice need to be corrected. Because the ‘‘DATES’’ section of the February 17, 2006 final rule (71 FR 8489), which published the revised darkblotched rockfish OY for the first 180-day period, never stated that the darkblotched rockfish OY within that final rule was a temporary action. As a result, the darkblotched rockfish OY published as part of the ABC/OY tables appeared to be a permanent final action changing 50 CFR part 660, subpart G. However, the preamble to the February 17, 2006 final rule (71 FR 8489) made clear that the darkblotched rockfish OY was a temporary action. Therefore, the temporary rule extension published on August 22, 2006 (71 FR 48824) had no temporary action to extend for a second 180-day period. This correction changes the ‘‘ACTION’’ and ‘‘DATES’’ section of the August 22, 2006 (71 FR 48824) rule to remove references to a temporary rule and make the changes effective August 27, 2006. Classification Pursuant to 5 U.S.C.553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be unnecessary. This rule corrects an incomplete effective date and makes the effective date consistent with the preamble and record for the temporary/ interim rulemaking. Notice and comment is unnecessary because the legal authority under which the February 17, 2006 final rule (71 FR E:\FR\FM\02OCR1.SGM 02OCR1 57890 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 8489) was promulgated did not allow the amendment to the darkblotched rockfish OY to be permanent. The darkblotched rockfish OY was only effective for 180 days. This action corrects the August 22, 2006 (71 FR 48824) rule which extended the temporary rule section (i.e., the darkblotched rockfish OY) of the February 17, 2006 final rule (71 FR 8489), as legally permitted. In addition, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. Because this final rule does not constitute a substantive rule, it is not subject to the requirement for a 30-day delay in effective date under 5 U.S.C. 553(d). Authority: 16 U.S.C. 1801 et seq. Dated: September 28, 2006. Samuel D. Rauch III Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 06–8436 Filed 9–28–06; 2:27 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044–6044–01; I.D. 092606B] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2006 total allowable catch (TAC) of pollock for Statistical Area 610 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 27, 2006, through 1200 hrs, A.l.t., October 1, 2006. SUMMARY: FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. 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 rwilkins on PROD1PC63 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 23:26 Sep 29, 2006 Jkt 208001 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 C season allowance of the 2006 TAC of pollock in Statistical Area 610 of the GOA is 10,249 metric tons (mt) as established by the 2006 and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, March 3, 2006). In accordance with § 679.20(a)(5)(iv)(B) the Administrator, Alaska Region, NMFS (Regional Administrator), hereby decreases the C season allowance by 3,850 mt, the amount by which the A and B season allowance of the pollock TAC in Statistical Area 610 was exceeded. The revised C season allowance of the pollock TAC in Statistical Area 610 is therefore 6,399 mt (10,249 mt minus 3,850 mt). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the C season allowance of the 2006 TAC of pollock in Statistical Area 610 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 6,389 mt, and is setting aside the remaining 10 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 pollock in Statistical Area 610 of the GOA. 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 directed fishing for pollock in Statistical Area 610 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 September 25, 2006. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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: September 26, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–8401 Filed 9–27–06; 2:52 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044–6044–01; I.D. 092606C] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2006 total allowable catch (TAC) of pollock for Statistical Area 630 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 27, 2006, through 2400 hrs, Alaska local time (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 C season allowance of the 2006 TAC of pollock in Statistical Area 630 of the GOA is 6,263 metric tons (mt) as established by the 2006 and 2007 E:\FR\FM\02OCR1.SGM 02OCR1

Agencies

[Federal Register Volume 71, Number 190 (Monday, October 2, 2006)]
[Rules and Regulations]
[Pages 57889-57890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8436]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-6249-04; I.D. 120805A]
RIN 0648-AU00


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Specifications and Management Measures; Correction

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

ACTION: Correction.

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SUMMARY: On August 22, 2006, a temporary rule extension was published 
in the Federal Register intending to extend the 2006 optimum yield (OY) 
for darkblotched rockfish caught in the U.S. exclusive economic zone 
(EEZ) off the coasts of Washington, Oregon, and California. This 
correction changes the ``ACTION'' and ``DATES'' sections of that rule 
to remove references to a temporary rule and make the amendments 
published on August 22, 2006, effective August 27, 2006.

DATES: The amendments to 50 CFR part 660, subpart G, published at 71 FR 
48824, August 22, 2006, are effective August 27, 2006.

FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS), 
phone: 206-526-6140; fax: 206-526-6736; and e-mail: 
jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION: 
    On August 22, 2006 (71 FR 48824), a temporary rule extension was 
published in the Federal Register intending to extend the 2006 optimum 
yield (OY) for darkblotched rockfish caught in the U.S. exclusive 
economic zone (EEZ) off the coasts of Washington, Oregon, and 
California.
    Acceptable biological catches (ABCs) and OYs are established for 
each year. Management measures are established at the start of the 
biennial period, and are adjusted throughout the biennial management 
period, to keep harvest within the OYs. At the Pacific Council's 
October 31 - November 4, 2005, meeting in San Diego, CA, the Pacific 
Council, in consultation with Pacific Coast Treaty Indian Tribes and 
the States of Washington, Oregon, and California, recommended a 
reduction of the 2006 darkblotched rockfish OY to 200 mt for March 
through December 2006. The management measures for March through 
December 2006 were proposed on December 19, 2005 (70 FR 75115), and 
implemented via the final rule published on February 17, 2006 (71 FR 
8489).
    The 2006 darkblotched rockfish OY of 200 mt is an interim measure 
pursuant to section 305(c) of the Magnuson-Stevens Act, in effect while 
the rebuilding plan (now referred to as Amendment 16-4) is being 
developed and implemented. Under the provisions of section 305(c)(3) of 
the Magnuson-Stevens Act, interim measures shall remain in effect for 
not more than 180 days after the date of publication, and may be 
extended by publication in the Federal Register for an additional 
period of not more than 180 days, provided the public has had an 
opportunity to comment on the interim measures, and the Council is 
actively preparing a plan amendment to address rebuilding on a 
permanent basis. The public has been provided an opportunity to comment 
on the interim measures in the proposed rule (70 FR 75115, December 19, 
2005), and NMFS recently announced the availability of Amendment 16-4, 
for public review (71 FR 25051, September 11, 2006). The proposed rule 
for Amendment 16-4 and the 2007-2008 specifications and management 
measures are expected to publish in September 2006 with a final rule 
expected to publish in November 2006, and become effective January 1, 
2007. In addition, the Court's Order in Natural Resources Defense 
Council (NRDC) v. NMFS, 421 F.3d 872 (9\th\ Cir. 2005) dated December 
8, 2005, requires NMFS to implement a darkblotched rockfish quota for 
the entire 2006 fishing year pursuant to section 305(c). Because 
Amendment 16-4 has not completed its public and Agency review period, 
and the interim measure published with the February 17, 2006 final rule 
(71 FR 8489) expired on August 27, 2006, NMFS published an extension to 
the darkblotched rockfish OY beyond the first 180-day period (71 FR 
48824, August 22, 2006 ).
    However, the ``ACTION'' and ``DATES'' sections of the August 22, 
2006 (71 FR 48824), Federal Register notice need to be corrected. 
Because the ``DATES'' section of the February 17, 2006 final rule (71 
FR 8489), which published the revised darkblotched rockfish OY for the 
first 180-day period, never stated that the darkblotched rockfish OY 
within that final rule was a temporary action. As a result, the 
darkblotched rockfish OY published as part of the ABC/OY tables 
appeared to be a permanent final action changing 50 CFR part 660, 
subpart G. However, the preamble to the February 17, 2006 final rule 
(71 FR 8489) made clear that the darkblotched rockfish OY was a 
temporary action. Therefore, the temporary rule extension published on 
August 22, 2006 (71 FR 48824) had no temporary action to extend for a 
second 180-day period. This correction changes the ``ACTION'' and 
``DATES'' section of the August 22, 2006 (71 FR 48824) rule to remove 
references to a temporary rule and make the changes effective August 
27, 2006.

Classification

    Pursuant to 5 U.S.C.553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be unnecessary. This rule corrects an incomplete 
effective date and makes the effective date consistent with the 
preamble and record for the temporary/interim rulemaking. Notice and 
comment is unnecessary because the legal authority under which the 
February 17, 2006 final rule (71 FR

[[Page 57890]]

8489) was promulgated did not allow the amendment to the darkblotched 
rockfish OY to be permanent. The darkblotched rockfish OY was only 
effective for 180 days. This action corrects the August 22, 2006 (71 FR 
48824) rule which extended the temporary rule section (i.e., the 
darkblotched rockfish OY) of the February 17, 2006 final rule (71 FR 
8489), as legally permitted. In addition, there is good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date. Because 
this final rule does not constitute a substantive rule, it is not 
subject to the requirement for a 30-day delay in effective date under 5 
U.S.C. 553(d).

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

    Dated: September 28, 2006.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 06-8436 Filed 9-28-06; 2:27 pm]
BILLING CODE 3510-22-S