Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea and Aleutian Islands Management Area, 70323-70324 [06-9501]

Download as PDF mstockstill on PROD1PC61 with RULES Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations December 28, 2001, and August 6, 2003. This action falls within the scope of the analyses of these EAs, which are available from the agency upon request. NMFS provided prior notice and an opportunity for public comment on the regulations establishing the criteria and procedures for implementing a DAM zone. Providing prior notice and opportunity for comment on this action, pursuant to those regulations, would be impracticable because it would prevent NMFS from executing its functions to protect and reduce serious injury and mortality of endangered right whales. The regulations establishing the DAM program are designed to enable the agency to help protect unexpected concentrations of right whales. In order to meet the goals of the DAM program, the agency needs to be able to create a DAM zone and implement restrictions on fishing gear as soon as possible once the criteria are triggered and NMFS determines that a DAM restricted zone is appropriate. If NMFS were to provide prior notice and an opportunity for public comment upon the creation of a DAM restricted zone, the aggregated right whales would be vulnerable to entanglement which could result in serious injury and mortality. Additionally, the right whales would most likely move on to another location before NMFS could implement the restrictions designed to protect them, thereby rendering the action obsolete. Therefore, pursuant to 5 U.S.C. 553(b)(B), the AA finds that good cause exists to waive prior notice and an opportunity to comment on this action to implement a DAM restricted zone to reduce the risk of entanglement of endangered right whales in commercial lobster trap/pot and anchored gillnet gear as such procedures would be impracticable. For the same reasons, the AA finds that, under 5 U.S.C. 553(d)(3), good cause exists to waive the 30-day delay in effective date. If NMFS were to delay for 30 days the effective date of this action, the aggregated right whales would be vulnerable to entanglement, which could cause serious injury and mortality. Additionally, right whales would likely move to another location between the time NMFS approved the action creating the DAM restricted zone and the time it went into effect, thereby rendering the action obsolete and ineffective. Nevertheless, NMFS recognizes the need for fishermen to have time to either modify or remove (if not in compliance with the required restrictions) their gear from a DAM zone once one is approved. Thus, NMFS makes this action effective 2 days after the date of publication of this document VerDate Aug<31>2005 12:11 Dec 01, 2006 Jkt 211001 in the Federal Register. NMFS will also endeavor to provide notice of this action to fishermen through other means upon issuance of the rule by the AA, thereby providing approximately 3 additional days of notice while the Office of the Federal Register processes the document for publication. NMFS determined that the regulations establishing the DAM program and actions such as this one taken pursuant to those regulations are consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program of the U.S. Atlantic coastal states. This determination was submitted for review by the responsible state agencies under section 307 of the Coastal Zone Management Act. Following state review of the regulations creating the DAM program, no state disagreed with NMFS’ conclusion that the DAM program is consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program for that state. The DAM program under which NMFS is taking this action contains policies with federalism implications warranting preparation of a federalism assessment under Executive Order 13132. Accordingly, in October 2001 and March 2003, the Assistant Secretary for Intergovernmental and Legislative Affairs, Department of Commerce, provided notice of the DAM program and its amendments to the appropriate elected officials in states to be affected by actions taken pursuant to the DAM program. Federalism issues raised by state officials were addressed in the final rules implementing the DAM program. A copy of the federalism Summary Impact Statement for the final rules is available upon request (ADDRESSES). The rule implementing the DAM program has been determined to be not significant under Executive Order 12866. Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3). Dated: November 29, 2006. Samuel D. Rauch, III, Deputy Assistant Administrator for RegulatoryPrograms, National Marine Fisheries Service. [FR Doc. 06–9499 Filed 11–29–06; 2:35 pm] BILLING CODE 3510–22–S PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 70323 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045–6045–01; I.D. 112806A] Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of a closure. AGENCY: SUMMARY: NMFS is reopening directed fishing for Greenland turbot for vessels using hook-and-line gear in the Bering Sea subarea in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2006 total allowable catch (TAC) of Greenland turbot for vessels using hook-and-line gear in the Bering Sea subarea in the Bering Sea and Aleutian Islands (BSAI). DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 29, 2006, through 2400 hrs, A.l.t., December 31, 2006. Comments must be received no later than 4:30 p.m., A.l.t., December 14, 2006. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Walsh. Comments may be submitted by: • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska; • Fax to 907–586–7557; • E-mail to turbot@noaa.gov and include in the subject line of the e-mail comment the document identifier: ‘‘bsturbotro.fo.wpd’’ (E-mail comments, with or without attachments, are limited to 5 megabytes); or • Webform at the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions at that site for submitting comments. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 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 E:\FR\FM\04DER1.SGM 04DER1 70324 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Rules and Regulations 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. NMFS closed the directed fishery for Greenland turbot in the BSAI under § 679.20(d)(1)(iii) on July 27, 2006 (71 FR 43074, July 31, 2006). NMFS has determined that 191 metric tons of Greenland turbot remain in the directed fishing allowance in the BSAI. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), NMFS is terminating the previous closure and is reopening directed fishing for Greenland turbot for vessels using hook-and-line gear in the Bering Sea subarea in the BSAI. mstockstill on PROD1PC61 with RULES Classification This action responds to the best available information recently obtained VerDate Aug<31>2005 12:11 Dec 01, 2006 Jkt 211001 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) and 679.25(c)(1)(ii) 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 opening of Greenland turbot for vessels using hook-and-line gear in the Bering Sea subarea in 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 November 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 the reasons provided above for waiver of prior notice and opportunity for public comment. Without this inseason adjustment, NMFS could not allow the fishery by vessels using hook-and-line gear in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until December 14, 2006. This action is required by § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 28, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–9501 Filed 11–29–06; 12:20 pm] BILLING CODE 3510–22–S E:\FR\FM\04DER1.SGM 04DER1

Agencies

[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Rules and Regulations]
[Pages 70323-70324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9501]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 112806A]


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Modification of a closure.

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SUMMARY: NMFS is reopening directed fishing for Greenland turbot for 
vessels using hook-and-line gear in the Bering Sea subarea in the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to fully use the 2006 total allowable catch (TAC) of 
Greenland turbot for vessels using hook-and-line gear in the Bering Sea 
subarea in the Bering Sea and Aleutian Islands (BSAI).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 29, 
2006, through 2400 hrs, A.l.t., December 31, 2006. Comments must be 
received no later than 4:30 p.m., A.l.t., December 14, 2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Walsh. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     Fax to 907-586-7557;
     E-mail to turbot@noaa.gov and include in the subject line 
of the e-mail comment the document identifier: ``bsturbotro.fo.wpd'' 
(E-mail comments, with or without attachments, are limited to 5 
megabytes); or
     Webform at the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 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

[[Page 70324]]

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.
    NMFS closed the directed fishery for Greenland turbot in the BSAI 
under Sec.  679.20(d)(1)(iii) on July 27, 2006 (71 FR 43074, July 31, 
2006).
    NMFS has determined that 191 metric tons of Greenland turbot remain 
in the directed fishing allowance in the BSAI. Therefore, in accordance 
with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), NMFS is 
terminating the previous closure and is reopening directed fishing for 
Greenland turbot for vessels using hook-and-line gear in the Bering Sea 
subarea in the BSAI.

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) and 679.25(c)(1)(ii) 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 opening of Greenland turbot for vessels 
using hook-and-line gear in the Bering Sea subarea in 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 
November 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
by vessels using hook-and-line gear in the BSAI to be harvested in an 
expedient manner and in accordance with the regulatory schedule. Under 
Sec.  679.25(c)(2), interested persons are invited to submit written 
comments on this action to the above address until December 14, 2006.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: November 28, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-9501 Filed 11-29-06; 12:20 pm]
BILLING CODE 3510-22-S