Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Advance Notice of Proposed Rulemaking to Establish a Control Date, 64216-64217 [E6-18384]
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Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Proposed Rules
complying with the observer
requirements are minimal (less than $50
annually), due to the fact that processor
reports are mailed with postage-paid
envelopes and observer coverage is
funded at 100 percent by NMFS (vessel
owners are responsible for calling to
arrange for observers and to ensure
adequate space for observers on their
vessels). Based on the above analysis,
this proposed rule is not expected to
have a significant impact on a
substantial number of vessels or dealers.
As a result, an initial regulatory
flexibility analysis was not required for
this action and none was prepared.
sroberts on PROD1PC70 with RULES
Collection-of-Information Requirements
under the Paperwork Reduction Act
This proposed rule contains four
collection-of-information requirements
subject to review and approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). These requirements have
been submitted to OMB for approval.
The public’s reporting burden for the
collection-of-information requirements
includes the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection-of-information
requirements.
The new and revised reporting
requirements and the estimated time for
a response are as follows: 2 minutes to
request an observer; 4 minutes for a
dealer purchase report; 15 minutes and
5 minutes for initial dealer permit
application/renewal application,
respectively; and 30 minutes for the
Annual Processed Products Report.
Public comment is sought regarding:
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
on these or any other aspects of the
collection of information to NMFS and
to OMB (see ADDRESSES).
Notwithstanding any other provision
of law, no person is required to respond
to nor shall any person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the PRA unless that
collection-of-information displays a
currently valid OMB control number.
VerDate Aug<31>2005
22:01 Oct 31, 2006
Jkt 211001
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: October 26, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
tilefish, or Atlantic deep-sea red crab; or
a moratorium permit for summer
flounder; to carry a NMFS-approved sea
sampler/observer. Also, any vessel or
vessel owner/operator that fishes for,
catches or lands hagfish, or intends to
fish for, catch, or land hagfish in or from
the exclusive economic zone must carry
a NMFS-approved sea sampler/observer
when requested by the RA in
accordance with the requirements of
this section.
*
*
*
*
*
[FR Doc. E6–18391 Filed 10–31–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
2. In § 648.2, a new definition for
Atlantic hagfish is added, in
alphabetical order, to read as follows:
National Oceanic and Atmospheric
Administration
§ 648.2
50 CFR Part 660
Definitions.
*
*
*
*
*
Atlantic hagfish means Myxine
glutinosa.
*
*
*
*
*
3. In § 648.6, paragraph (a)(1) is
revised to read as follows:
§ 648.6
Dealer/processor permits.
(a) * * * (1) All dealers of NE
multispecies, monkfish, skates, Atlantic
herring, Atlantic sea scallop, Atlantic
deep-sea red crab, spiny dogfish,
summer flounder, Atlantic surf clam,
ocean quahog, Atlantic mackerel, squid,
butterfish, scup, bluefish, tilefish, and
black sea bass; Atlantic surf clam and
ocean quahog processors; Atlantic
hagfish dealers and/or processors, and
Atlantic herring processors or dealers,
as described in § 648.2; must have been
issued under this section, and have in
their possession, a valid permit or
permits for these species.
*
*
*
*
*
4. In § 648.7, paragraph (a)(3)(iv) is
added to read as follows:
§ 648.7 Recordkeeping and reporting
requirements.
(a) * * *
(3) * * *
(iv) Atlantic hagfish processors must
complete and submit all sections of the
Annual Processed Products Report.
*
*
*
*
*
5. In § 648.11, paragraph (a) is revised
to read as follows:
§ 648.11 At-sea sea sampler/observer
coverage.
(a) The Regional Administrator may
request any vessel holding a permit for
Atlantic sea scallops, NE multispecies,
monkfish, skates, Atlantic mackerel,
squid, butterfish, scup, black sea bass,
bluefish, spiny dogfish, Atlantic herring,
PO 00000
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Fmt 4702
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[Docket No. 061024277–6277–01; I.D.
101206C]
RIN 0648–AU94
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Advance Notice of Proposed
Rulemaking to Establish a Control
Date
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking; request for comments.
AGENCY:
SUMMARY: NMFS and the Pacific Fishery
Management Council (Council) are
beginning to develop a groundfish
fishery management plan (FMP)
amendment and management measures
to reduce harvest capacity in the open
access portion of the Pacific Coast
groundfish fishery in Federal waters off
Washington, Oregon, and California.
This document announces a control
date for the open access portion of
September 13, 2006, and is intended to
discourage new entrants into this
fishery and increased fishing effort
based on economic speculation while
the Council determines whether and
how access should be controlled. The
announcement is intended to promote
awareness of potential eligibility criteria
for future access to the open access
portion of the Pacific Coast groundfish
fishery. Vessels entering the fisheries
after September 13, 2006, may be
subject to restrictions different from
those that apply to vessels in the fishery
prior to September 13, 2006. If catch
history is used as a basis for future
participation or allocation, it is likely
E:\FR\FM\01NOP1.SGM
01NOP1
Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Proposed Rules
that participation in the fishery after
September 13, 2006, would not count
toward future allocations or
participation in a limited access
scheme. Because potential eligibility
criteria for future management measures
may be based on historical
participation, fishery participants may
need to preserve records that
substantiate and verify their
participation in the groundfish fishery
in Federal waters.
ADDRESSES: You may submit comments,
on issues and alternatives, identified by
111505A by any of the following
methods:
• E-mail: pfmc.comments@noaa.gov.
Include ‘‘Open Access Limitation’’ in
the subject line of the message.
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: 503–820–2299.
• Mail: Dr. Donald McIsaac, Pacific
Fishery Management Council, 7700 NE
Ambassador Pl., Suite 101, Portland,
OR, 97220.
FOR FURTHER INFORMATION CONTACT: Mr.
John DeVore, Pacific Fishery
Management Council, phone: 503–820–
2280, fax: 503–820–2299 and email:
john.devore@noaa.gov; or Ms. Yvonne
deReynier NMFS, Northwest Region,
phone: 206–526–6129, fax: 206–526–
6426 and email:
yvonne.dereynier@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is
available on the Government Printing
Office’s website at: www.gpoaccess.gov/
fr/.
sroberts on PROD1PC70 with RULES
Background
The Pacific Coast Groundfish Fishery
Management Plan (FMP) was approved
on January 4, 1982 (47 FR 43964,
October 5, 1982), and has been amended
19 times. Implementing regulations for
the FMP and its amendments are
codified at 50 CFR part 660. On
November 16, 1992, NMFS published
final regulations implementing
Amendment 6 to the FMP. Amendment
6 and its implementing regulations
established a license limitation program
and divided the Pacific Coast
commercial groundfish fishery into
limited entry and open access segments.
The limited entry fishery is comprised
of permitted vessels using trawl,
longline and/or trap (pot) gear. The
open access fishery is comprised of
unpermitted vessels that use all other
gear, as well as vessels that do not have
limited entry permits endorsed for use
with longline or trap gear but make
VerDate Aug<31>2005
22:01 Oct 31, 2006
Jkt 211001
small landings with longline or trap
gear.
NMFS had previously made an
announcement that the Council is
considering additional management
measures to further limit harvest
capacity or to allocate between or
within the limited entry commercial
and the recreational groundfish
fisheries. In order to discourage fishers
from intensifying their fishing efforts for
the purpose of amassing catch history
that they speculate may aid them with
any allocation or additional limited
access program developed by the
Council, the Council announced on
April 9, 1998, that any program would
not include consideration of catch
landed after that date. NMFS announced
that the Council was planning to
consider catch history through the 1997
season (63 FR 53637, October 6, 1998).
At its April 1999 meeting, the Council
reviewed a proposal to create a limited
entry program to limit new entrants into
the open access fishery. At its June 1999
meeting, the Council further examined
the proposal to create a limited entry
program to limit new entrants into the
open access fishery.
Members of the Council expressed
concerns that restricting new entrants
into the fishery would not adequately
address harvest capacity concerns. Even
though the need to limit new entrants
into the open access fleet was
recognized, this measure did not go
forward for further development.
Limited access and participation in the
open access fisheries were further
discussed at the November 1999
Council meeting, resulting in
establishment of a November 5, 1999,
control date notifying the public that the
Council was considering the need to
impose additional management
measures to restrain harvest capacity in
the open access fishery. However, other
Council initiatives, such as
development of rebuilding plans for
overfished groundfish species, caused a
delay in limiting access in the Pacific
Coast groundfish open access fishery.
At its September 2006 meeting, the
Council revisited this issue and decided
to proceed with an FMP amendment to
limit access and participation in the
open access fishery. The Council also
decided the established November 5,
1999, control date (65 FR 6577,
February 10, 2000) was no longer useful
for deciding eligibility requirements for
a new Federal limited entry permit for
the open access fishery. The Council
noted the open access fishery had
changed dramatically since November
1999 and new participants are not the
same as those who have traditionally
relied on the open access fishery.
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
64217
Therefore, at their September 2006
meeting in Foster City, California, the
Council recommended a new control
date of September 13, 2006, be
established to give the public advance
notice of the intent to limit entry and
participation in the open access
groundfish fishery.
If catch history is used as a basis for
participation or allocation, it is likely
that participation in the fishery after
September 13, 2006, would not count
toward future allocations in a limited
access scheme. Fishermen are not
guaranteed future participation in the
groundfish fishery, regardless of their
date of entry or level of participation in
the fishery. This action does not commit
the Council to develop any particular
management regime or to use any
specific criteria for determining entry to
the fishery. This action also does not
commit the Council to developing a
management regime that uses fishing
history in 2006 as criteria for
determining future entry to the fishery.
The Council may choose a different
control date, or may choose a
management program that does not
make use of such a date.
Implementation of any management
measures for the fishery will require
amendment of the regulations
implementing the FMP, and will also
require amending the FMP. Any action
will require Council development of
amendatory and regulatory proposals
with public input and a supporting
analysis, NMFS approval, and
publication of implementing regulations
in the Federal Register. The Council
also announced their intent to further
develop a timeline and the next steps in
pursuing this FMP amendment next
year. Additional information on the
time and location for future meetings
addressing capacity reduction and
limited access in the open access fishery
will be provided when these meetings
are announced in the Federal Register.
This information will also be posted on
the Council website (www.pcouncil.org)
(see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 26, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E6–18384 Filed 10–31–06; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\01NOP1.SGM
01NOP1
]]>Agencies
[Federal Register Volume 71, Number 211 (Wednesday, November 1, 2006)]
[Proposed Rules]
[Pages 64216-64217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18384]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 061024277-6277-01; I.D. 101206C]
RIN 0648-AU94
Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; Advance Notice of Proposed Rulemaking to Establish a Control
Date
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS and the Pacific Fishery Management Council (Council) are
beginning to develop a groundfish fishery management plan (FMP)
amendment and management measures to reduce harvest capacity in the
open access portion of the Pacific Coast groundfish fishery in Federal
waters off Washington, Oregon, and California. This document announces
a control date for the open access portion of September 13, 2006, and
is intended to discourage new entrants into this fishery and increased
fishing effort based on economic speculation while the Council
determines whether and how access should be controlled. The
announcement is intended to promote awareness of potential eligibility
criteria for future access to the open access portion of the Pacific
Coast groundfish fishery. Vessels entering the fisheries after
September 13, 2006, may be subject to restrictions different from those
that apply to vessels in the fishery prior to September 13, 2006. If
catch history is used as a basis for future participation or
allocation, it is likely
[[Page 64217]]
that participation in the fishery after September 13, 2006, would not
count toward future allocations or participation in a limited access
scheme. Because potential eligibility criteria for future management
measures may be based on historical participation, fishery participants
may need to preserve records that substantiate and verify their
participation in the groundfish fishery in Federal waters.
ADDRESSES: You may submit comments, on issues and alternatives,
identified by 111505A by any of the following methods:
E-mail: pfmc.comments@noaa.gov. Include ``Open Access
Limitation'' in the subject line of the message.
Federal eRulemaking Portal: https://www.regulations.gov.
Fax: 503-820-2299.
Mail: Dr. Donald McIsaac, Pacific Fishery Management
Council, 7700 NE Ambassador Pl., Suite 101, Portland, OR, 97220.
FOR FURTHER INFORMATION CONTACT: Mr. John DeVore, Pacific Fishery
Management Council, phone: 503-820-2280, fax: 503-820-2299 and email:
john.devore@noaa.gov; or Ms. Yvonne deReynier NMFS, Northwest Region,
phone: 206-526-6129, fax: 206-526-6426 and email:
yvonne.dereynier@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is available on the Government
Printing Office's website at: www.gpoaccess.gov/fr/.
Background
The Pacific Coast Groundfish Fishery Management Plan (FMP) was
approved on January 4, 1982 (47 FR 43964, October 5, 1982), and has
been amended 19 times. Implementing regulations for the FMP and its
amendments are codified at 50 CFR part 660. On November 16, 1992, NMFS
published final regulations implementing Amendment 6 to the FMP.
Amendment 6 and its implementing regulations established a license
limitation program and divided the Pacific Coast commercial groundfish
fishery into limited entry and open access segments. The limited entry
fishery is comprised of permitted vessels using trawl, longline and/or
trap (pot) gear. The open access fishery is comprised of unpermitted
vessels that use all other gear, as well as vessels that do not have
limited entry permits endorsed for use with longline or trap gear but
make small landings with longline or trap gear.
NMFS had previously made an announcement that the Council is
considering additional management measures to further limit harvest
capacity or to allocate between or within the limited entry commercial
and the recreational groundfish fisheries. In order to discourage
fishers from intensifying their fishing efforts for the purpose of
amassing catch history that they speculate may aid them with any
allocation or additional limited access program developed by the
Council, the Council announced on April 9, 1998, that any program would
not include consideration of catch landed after that date. NMFS
announced that the Council was planning to consider catch history
through the 1997 season (63 FR 53637, October 6, 1998). At its April
1999 meeting, the Council reviewed a proposal to create a limited entry
program to limit new entrants into the open access fishery. At its June
1999 meeting, the Council further examined the proposal to create a
limited entry program to limit new entrants into the open access
fishery.
Members of the Council expressed concerns that restricting new
entrants into the fishery would not adequately address harvest capacity
concerns. Even though the need to limit new entrants into the open
access fleet was recognized, this measure did not go forward for
further development. Limited access and participation in the open
access fisheries were further discussed at the November 1999 Council
meeting, resulting in establishment of a November 5, 1999, control date
notifying the public that the Council was considering the need to
impose additional management measures to restrain harvest capacity in
the open access fishery. However, other Council initiatives, such as
development of rebuilding plans for overfished groundfish species,
caused a delay in limiting access in the Pacific Coast groundfish open
access fishery.
At its September 2006 meeting, the Council revisited this issue and
decided to proceed with an FMP amendment to limit access and
participation in the open access fishery. The Council also decided the
established November 5, 1999, control date (65 FR 6577, February 10,
2000) was no longer useful for deciding eligibility requirements for a
new Federal limited entry permit for the open access fishery. The
Council noted the open access fishery had changed dramatically since
November 1999 and new participants are not the same as those who have
traditionally relied on the open access fishery. Therefore, at their
September 2006 meeting in Foster City, California, the Council
recommended a new control date of September 13, 2006, be established to
give the public advance notice of the intent to limit entry and
participation in the open access groundfish fishery.
If catch history is used as a basis for participation or
allocation, it is likely that participation in the fishery after
September 13, 2006, would not count toward future allocations in a
limited access scheme. Fishermen are not guaranteed future
participation in the groundfish fishery, regardless of their date of
entry or level of participation in the fishery. This action does not
commit the Council to develop any particular management regime or to
use any specific criteria for determining entry to the fishery. This
action also does not commit the Council to developing a management
regime that uses fishing history in 2006 as criteria for determining
future entry to the fishery. The Council may choose a different control
date, or may choose a management program that does not make use of such
a date. Implementation of any management measures for the fishery will
require amendment of the regulations implementing the FMP, and will
also require amending the FMP. Any action will require Council
development of amendatory and regulatory proposals with public input
and a supporting analysis, NMFS approval, and publication of
implementing regulations in the Federal Register. The Council also
announced their intent to further develop a timeline and the next steps
in pursuing this FMP amendment next year. Additional information on the
time and location for future meetings addressing capacity reduction and
limited access in the open access fishery will be provided when these
meetings are announced in the Federal Register. This information will
also be posted on the Council website (www.pcouncil.org) (see
ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 26, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E6-18384 Filed 10-31-06; 8:45 am]
BILLING CODE 3510-22-S
