Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Red Snapper Commercial Fishery, 75894-75895 [E6-21536]

Download as PDF 75894 Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Rules and Regulations at 57 FR 14988 on April 23, 1992 (Defense Acquisition Circular 91–2, Item XI). The industry association did not believe that the statute was intended to apply to end items (hardware) delivered to the Government and used in Government facilities. The association recommended revision of the prescriptive language to require application of the clause to only those contracts for the direct acquisition of carbon, alloy, or armor steel plate. As a result, the final rule published at 57 FR 53596 on November 12, 1992 (Defense Acquisition Circular 91–4, Item XI), required application of the clause to carbon, alloy, and armor steel plate furnished as a deliverable under the contract or purchased by the contractor as a raw material. The statutory language addressing use of the plate in a Government-owned facility or property under the control of DoD expresses an intent not to apply the restriction to the manufacture of items in the plants of commercial contractors. For example, the restriction should not apply if a contractor acquires a machine tool for use in a Government-owned facility, if the machine tool is manufactured by another contractor in a facility that is not Government-owned. DoD has amended the rule to make this concept clearer, without use of the term ‘‘raw material’’. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule clarifies existing policy regarding the statutory restriction on the acquisition of foreign carbon, alloy, or armor steel plate. C. Paperwork Reduction Act 1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 225—FOREIGN ACQUISITION 2. Section 225.7011–1 is revised to read as follows: I 225.7011–1 Restriction. (a) In accordance with Section 8111 of the Fiscal Year 1992 DoD Appropriations Act (Pub. L. 102–172) and similar sections in subsequent DoD appropriations acts, do not acquire any of the following types of carbon, alloy, or armor steel plate for use in a Government-owned facility or a facility under the control of (e.g., leased by) DoD, unless it is melted and rolled in the United States or Canada: (1) Carbon, alloy, or armor steel plate in Federal Supply Class 9515. (2) Carbon, alloy, or armor steel plate described by specifications of the American Society for Testing Materials or the American Iron and Steel Institute. (b) This restriction— (1) Applies to the acquisition of carbon, alloy, or armor steel plate as a finished steel mill product that may be used ‘‘as is’’ or may be used as an intermediate material for the fabrication of an end product; and (2) Does not apply to the acquisition of an end product (e.g., a machine tool), to be used in the facility, that contains carbon, alloy, or armor steel plate as a component. I 3. Section 225.7011–3 is amended by revising paragraph (a) to read as follows: 225.7011–3 Contract clause. * * * * * (a) Require the delivery to the Government of carbon, alloy, or armor steel plate that will be used in a Government-owned facility or a facility under the control of DoD; or * * * * * PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES List of Subjects in 48 CFR Parts 225 and 252 cprice-sewell on PROD1PC66 with RULES The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. 252.225–7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate. Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 225 and 252 are amended as follows: I VerDate Aug<31>2005 14:56 Dec 18, 2006 Jkt 211001 United States or Canada if the carbon, alloy, or armor steel plate— (1) Is in Federal Supply Class 9515 or is described by specifications of the American Society for Testing Materials or the American Iron and Steel Institute; and (2)(i) Will be delivered to the Government for use in a Governmentowned facility or a facility under the control of the Department of Defense; or (ii) Will be purchased by the Contractor for use in a Governmentowned facility or a facility under the control of the Department of Defense. (b) This restriction— (1) Applies to the acquisition of carbon, alloy, or armor steel plate as a finished steel mill product that may be used ‘‘as is’’ or may be used as an intermediate material for the fabrication of an end product; and (2) Does not apply to the acquisition of an end product (e.g., a machine tool), to be used in the facility, that contains carbon, alloy, or armor steel plate as a component. (End of clause) [FR Doc. E6–21511 Filed 12–18–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 990506119–9236–02; I.D. 121106C] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Red Snapper Commercial Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: As prescribed in 225.7011–3, use the following clause: SUMMARY: NMFS closes the commercial fishery for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined the fall portion of the annual commercial quota for red snapper will have been reached by December 26, 2006. This closure is necessary to protect the red snapper resource. Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate (DEC 2006) (a) Carbon, alloy, and armor steel plate shall be melted and rolled in the Closure is effective noon, local time, December 26, 2006, until 12:01 a.m., local time, on January 1, 2007. FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727–824–5350, 4. Section 252.225–7030 is revised to read as follows: I PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 DATES: E:\FR\FM\19DER1.SGM 19DER1 Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Rules and Regulations fax 727–824–5308, e-mail Jason.Rueter@noaa.gov. The reef fish fishery of the Gulf of Mexico is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those regulations set the commercial quota for red snapper in the Gulf of Mexico at 4.65 million lb (2.11 million kg) for the current fishing year, January 1 through December 31, 2006. The red snapper commercial fishing season was split into two time periods, the first commencing at noon on February 1 with two-thirds of the annual quota (3.10 million lb (1.41 million kg)) available, and the second commencing at noon on October 1 with the remainder of the annual quota available. During the commercial season, the red snapper commercial fishery opens at noon on the first of each month and closes at noon on the 10th of each month, until the applicable commercial quotas are reached. Under 50 CFR 622.43(a), NMFS is required to close the commercial fishery for a species or species group when the cprice-sewell on PROD1PC66 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 14:56 Dec 18, 2006 Jkt 211001 quota for that species or species group is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. Based on current statistics, NMFS has determined that the available fall commercial quota of 1.65 million lb (0.75 million kg) for red snapper will be reached when the fishery closes on December 26, 2006. Accordingly, NMFS is closing the commercial red snapper fishery in the Gulf of Mexico EEZ from noon, local time, on December 26, 2006, until 12:01 a.m., local time, on January 1, 2007, when the red snapper individual fishing quota (IFQ) program becomes effective. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish having red snapper aboard must have landed and bartered, traded, or sold such red snapper prior to noon, local time, December 26, 2006. During the closure, the sale or purchase of red snapper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to sale or purchase of red snapper that were harvested, landed ashore, and sold prior to noon, local time, December 26, 2006, and were held in cold storage by a dealer or processor. Classification This action responds to the best available information recently obtained PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 75895 from the fishery. The Administrator, Southeast Region, NMFS, finds the need to immediately implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would be unnecessary and contrary to the public interest. Similarly, there is a need to implement these measures in a timely fashion to prevent an overage of the commercial quota of Gulf of Mexico red snapper, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be impractical and contrary to the Magnuson-Stevens Act, the FMP, and the public interest. For these same reasons, NMFS finds good cause that the implementation of this action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d)(3), a delay in the effective date is waived. This action is required under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 12, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6–21536 Filed 12–18–06; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\19DER1.SGM 19DER1

Agencies

[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Rules and Regulations]
[Pages 75894-75895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990506119-9236-02; I.D. 121106C]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Red 
Snapper Commercial Fishery

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the commercial fishery for red snapper in the 
exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has 
determined the fall portion of the annual commercial quota for red 
snapper will have been reached by December 26, 2006. This closure is 
necessary to protect the red snapper resource.

DATES: Closure is effective noon, local time, December 26, 2006, until 
12:01 a.m., local time, on January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5350,

[[Page 75895]]

fax 727-824-5308, e-mail Jason.Rueter@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf 
of Mexico Fishery Management Council and is implemented under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those 
regulations set the commercial quota for red snapper in the Gulf of 
Mexico at 4.65 million lb (2.11 million kg) for the current fishing 
year, January 1 through December 31, 2006. The red snapper commercial 
fishing season was split into two time periods, the first commencing at 
noon on February 1 with two-thirds of the annual quota (3.10 million lb 
(1.41 million kg)) available, and the second commencing at noon on 
October 1 with the remainder of the annual quota available. During the 
commercial season, the red snapper commercial fishery opens at noon on 
the first of each month and closes at noon on the 10\th\ of each month, 
until the applicable commercial quotas are reached.
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
Based on current statistics, NMFS has determined that the available 
fall commercial quota of 1.65 million lb (0.75 million kg) for red 
snapper will be reached when the fishery closes on December 26, 2006. 
Accordingly, NMFS is closing the commercial red snapper fishery in the 
Gulf of Mexico EEZ from noon, local time, on December 26, 2006, until 
12:01 a.m., local time, on January 1, 2007, when the red snapper 
individual fishing quota (IFQ) program becomes effective. The operator 
of a vessel with a valid commercial vessel permit for Gulf reef fish 
having red snapper aboard must have landed and bartered, traded, or 
sold such red snapper prior to noon, local time, December 26, 2006.
    During the closure, the sale or purchase of red snapper taken from 
the EEZ is prohibited. The prohibition on sale or purchase does not 
apply to sale or purchase of red snapper that were harvested, landed 
ashore, and sold prior to noon, local time, December 26, 2006, and were 
held in cold storage by a dealer or processor.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Administrator, Southeast Region, NMFS, 
finds the need to immediately implement this action to close the 
fishery constitutes good cause to waive the requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would 
be unnecessary and contrary to the public interest. Similarly, there is 
a need to implement these measures in a timely fashion to prevent an 
overage of the commercial quota of Gulf of Mexico red snapper, given 
the capacity of the fishing fleet to harvest the quota quickly. Any 
delay in implementing this action would be impractical and contrary to 
the Magnuson-Stevens Act, the FMP, and the public interest. For these 
same reasons, NMFS finds good cause that the implementation of this 
action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 
553(d)(3), a delay in the effective date is waived.
    This action is required under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: December 12, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E6-21536 Filed 12-18-06; 8:45 am]
BILLING CODE 3510-22-S