Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Part-time Category, 78382-78383 [06-9918]

Download as PDF 78382 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. VII. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Parts per million Commodity * * * * * Berry, group 13 ................................... * * * * * Cilantro, leaves ................................... * * * * * Food/feed items (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments Fruit, pome, group 11 ......................... Fruit, stone, group 12 ......................... * * * * * Grape .................................................. Grass, forage, group 17 ..................... Grass, hay, group 17 .......................... * * * * * Nut, tree, group 14 ............................. * * * * * Peanut ................................................ * * * * * Rapeseed ........................................... * * * * * Sunflower ............................................ Sunflower, refined oil .......................... * * * * * Turnip, greens .................................... * * * * * Vegetable, cucurbit, group 9 .............. * * * * * Vegetable, root and tuber, group 1, except sugar beet ........................... * * * * * Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. * Dated: December 21, 2006. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. 10 0.05 2 1 2 10 35 0.05 0.05 0.2 0.2 0.5 14 0.2 0.1 DEPARTMENT OF COMMERCE Therefore, 40 CFR chapter I is amended as follows: I Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.418 is amended by alphabetically adding commodities to the table in paragraph (a)(2) to read as follows: I * * * * * Almond, hulls ...................................... Animal feed, nongrass, group 18, forage .................................................. Animal feed, nongrass, group 18, hay VerDate Aug<31>2005 13:55 Dec 28, 2006 * * BILLING CODE 6560–50–S National Oceanic and Atmospheric Administration Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Part-time Category National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; tilefish Parttime permit category closure. AGENCY: § 180.418 Cypermethrin and an isomer zeta-cypermethrin; tolerances for residues. Commodity * [Docket No. 010319075–1217–02; I.D. 121806C] 1. The authority citation for part 180 continues to read as follows: I (a)* * * (2) * * * * [FR Doc. E6–22288 Filed 12–28–06; 8:45 am] 50 CFR Part 648 PART 180—[AMENDED] rmajette on PROD1PC72 with RULES 0.8 SUMMARY: NMFS announces that the percentage of the tilefish annual total Parts allowable landings (TAL) available to per the Part-time permit category for the million 2007 fishing year has been harvested. Commercial vessels fishing under the 6 Part-time tilefish category may not harvest tilefish from within the Golden 8 Tilefish Management Unit for the 40 remainder of the 2007 fishing year Jkt 211001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 (through October 31, 2007). Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure. DATES: Effective 0001 hrs local time, December 29, 2006, through 2400 hrs local time, October 31, 2007. FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy Analyst, at (978) 281–9220. SUPPLEMENTARY INFORMATION: Regulations governing the tilefish fishery are found at 50 CFR part 648. The regulations require annual specification of a TAL for federally permitted tilefish vessels harvesting tilefish from within the Golden Tilefish Management Unit. The Golden Tilefish Management Unit is defined as an area of the Atlantic Ocean from the latitude of the VA and NC border (36°33.36′ N. lat.), extending eastward from the shore to the outer boundary of the exclusive economic zone, and northward to the U.S.-Canada border. After 5 percent of the TAL is deducted to reflect landings by vessels issued an open-access Incidental permit category, and after up to 3 percent of the TAL is set aside for research purposes, should research TAL be set aside, the remaining TAL is distributed among three tilefish limited access permit categories: Full-time tier 1 category (66 percent), Full-time tier 2 category (15 percent), and the Part-time category (19 percent). The TAL for tilefish for the 2007 fishing year was set at 1.995 million lb (905,172 kg) and then adjusted downward by 5 percent to 1,895,250 lb (859,671 kg) to account for incidental catch. There was no research set-aside for the 2007 fishing year. Thus, the Parttime permit category quota for the 2007 fishing year, which is equal to 19 percent of the TAL, was specified at 360,098 lb (163,338 kg). However, due to an over-harvest in the 2006 fishing year, the quota for the Part-time permit category was adjusted downward by 92,935 lb (42,155 kg) to 267,163 lb (121,183 kg). Notification of the 2007 Part-time permit category quota for the 2007 fishing year was published in the Federal Register on October 31, 2006 (71 FR 63703). The Administrator, Northeast Region, NMFS (Regional Administrator) monitors the commercial tilefish quota for each fishing year using dealer reports, vessel catch reports, and other available information to determine when the quota for each limited access permit category is projected to have been harvested. NMFS is required to publish notification in the Federal Register notifying commercial vessels and dealer permit holders that, effective E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations rmajette on PROD1PC72 with RULES upon a specific date, the tilefish TAL for the specific limited access category has been harvested and no commercial quota is available for harvesting tilefish by that category for the remainder of the fishing year, from within the Golden Tilefish Management Unit. The Regional Administrator has determined, based upon dealer reports and other available information, that the 2007 tilefish TAL for the Part-time category has been harvested. Therefore, effective 0001 hr local time, December 29, 2006, further landings of tilefish harvested from within the Golden Tilefish Management Unit by tilefish vessels holding Part-time category Federal fisheries permits are prohibited through October 31, 2007. The 2008 fishing year for commercial tilefish harvest will open on November 1, 2007. Federally permitted dealers are also advised that, effective December 29, 2006, they may not purchase tilefish from Part-time category federally permitted tilefish vessels who land tilefish harvested from within the Golden Tilefish Management Unit for the remainder of the 2007 fishing year (through October 31, 2007). halibut and sablefish fisheries of the North Pacific. This action is intended to provide holders of halibut and sablefish IFQ permits with the 2006 standard prices and fee percentage to calculate the required payment for IFQ cost recovery fees due by January 31, 2007. DATES: Effective December 29, 2006. FOR FURTHER INFORMATION CONTACT: Troie Zuniga, Fee Coordinator, 907– 586–7231. SUPPLEMENTARY INFORMATION: Background NMFS Alaska Region administers the halibut and sablefish IFQ programs in the North Pacific. The IFQ programs are limited access systems authorized by section 303(b) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Northern Pacific Halibut Act of 1982. Fishing under the IFQ programs began in March 1995. Regulations implementing the IFQ program are set forth at 50 CFR part 679. In 1996, the Magnuson-Stevens Act was amended (by Public Law 104–297) to, among other things, require the Secretary of Commerce to ‘‘collect a fee to recover the actual costs directly Classification related to the management and This action is required by 50 CFR part enforcement of any . . . individual 648 and is exempt from review under fishing quota program’’ (section E.O. 12866. 304(d)(2)(A)). Section 304(d)(2) of the Authority: 16 U.S.C. 1801 et seq. Magnuson-Stevens Act specifies an upper limit on these fees, when the fees Dated: December 22, 2006. must be collected, and where the fees Alan D. Risenhoover, must be deposited. Section 303(d)(4) Director, Office of Sustainable Fisheries, allows NMFS to reserve up to 25 National Marine Fisheries Service. percent of the fees collected for use in [FR Doc. 06–9918 Filed 12–26–06; 8:51 am] an IFQ loan program to aid in financing BILLING CODE 3510–22–S the purchase of IFQ or quota share (QS) by entry-level and small-vessel fishermen. DEPARTMENT OF COMMERCE On March 20, 2000, NMFS published regulations implementing the IFQ cost National Oceanic and Atmospheric recovery program (65 FR 14919), which Administration are set forth at § 679.45. Under the regulations, an IFQ permit holder incurs 50 CFR Part 679 a cost recovery fee liability for every [Docket No. 060424108–6204–02; I.D. pound of IFQ halibut and IFQ sablefish 121906B] that is landed on his or her IFQ permit(s). The IFQ permit holder is Fisheries of the Exclusive Economic responsible for self-collecting the fee Zone Off Alaska; North Pacific Halibut liability for all IFQ halibut and IFQ and Sablefish Individual Fishing Quota sablefish landings on his or her Cost Recovery Program permit(s). The IFQ permit holder is also responsible for submitting a fee liability AGENCY: National Marine Fisheries payment to NMFS on or before the due Service (NMFS), National Oceanic and date of January 31 following the year in Atmospheric Administration (NOAA), which the IFQ landings were made. The Commerce. dollar amount of the fee due is ACTION: Notification of standard prices determined by multiplying the annual and fee percentage. IFQ fee percentage (3 percent or less) by SUMMARY: NMFS publishes IFQ standard the ex-vessel value of each IFQ landing made on a permit and summing the prices for the individual fishing quota totals of each permit (if more than one). (IFQ) cost recovery program in the VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 78383 Standard Prices The fee liability is based on the sum of all payments of monetary worth made to fishermen for the sale of the fish during the year. This includes any retropayments (e.g., bonuses, delayed partial payments, post-season payments) made to the IFQ permit holder for previously landed IFQ halibut or sablefish. For purposes of calculating IFQ cost recovery fees, NMFS distinguishes between two types of ex-vessel value: ‘‘actual’’ and ‘‘standard.’’ ‘‘Actual’’ exvessel value is the amount of all compensation, monetary or nonmonetary, that an IFQ permit holder received as payment for his or her IFQ fish sold. ‘‘Standard’’ ex-vessel value is the default value on which to base fee liability calculations. However, IFQ permit holders have the option of using actual ex-vessel value if they can satisfactorily document them. Regulations at § 679.45(c)(2)(i) require the Regional Administrator to publish IFQ standard prices during the last quarter of each calendar year. These standard prices are used, along with estimates of IFQ halibut and IFQ sablefish landings, to calculate standard values. The standard prices are described in U.S. dollars per IFQ equivalent pound for IFQ halibut and IFQ sablefish landings made during the year. IFQ equivalent pound(s) is the weight (in pounds), for an IFQ landing calculated as the round weight for sablefish and headed and gutted net weight for halibut. NMFS calculates the standard prices to closely reflect the variations in the actual ex-vessel values of IFQ halibut and IFQ sablefish landings by month and port or portgroup. The standard prices for IFQ halibut and IFQ sablefish are listed in the following tables. Data from ports are combined as necessary to protect confidentiality. Fee Percentage Section 304(d)(2)(B) of the MagnusonStevens Act provides for a maximum fee of 3 percent of the ex-vessel value of fish harvested under an IFQ Program. NMFS annually sets a fee percentage for sablefish and halibut IFQ holders that is based on the actual annual costs associated with certain management and enforcement functions as well as the standard ex-vessel value of the catch subject to the IFQ fee for the current year. The method used by NMFS to calculate the IFQ fee percentage is described at § 679.45(d)(2)(ii). Regulations at § 679.45(d) require NMFS to publish the IFQ fee percentage for the halibut and sablefish IFQ fisheries in the Federal Register during E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Rules and Regulations]
[Pages 78382-78383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9918]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02; I.D. 121806C]


Fisheries of the Northeastern United States; Tilefish Fishery; 
Quota Harvested for Part-time Category

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

ACTION: Temporary rule; tilefish Part-time permit category closure.

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SUMMARY: NMFS announces that the percentage of the tilefish annual 
total allowable landings (TAL) available to the Part-time permit 
category for the 2007 fishing year has been harvested. Commercial 
vessels fishing under the Part-time tilefish category may not harvest 
tilefish from within the Golden Tilefish Management Unit for the 
remainder of the 2007 fishing year (through October 31, 2007). 
Regulations governing the tilefish fishery require publication of this 
notification to advise the public of this closure.

DATES: Effective 0001 hrs local time, December 29, 2006, through 2400 
hrs local time, October 31, 2007.

FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy 
Analyst, at (978) 281-9220.

SUPPLEMENTARY INFORMATION: Regulations governing the tilefish fishery 
are found at 50 CFR part 648. The regulations require annual 
specification of a TAL for federally permitted tilefish vessels 
harvesting tilefish from within the Golden Tilefish Management Unit. 
The Golden Tilefish Management Unit is defined as an area of the 
Atlantic Ocean from the latitude of the VA and NC border (36[deg]33.36' 
N. lat.), extending eastward from the shore to the outer boundary of 
the exclusive economic zone, and northward to the U.S.-Canada border. 
After 5 percent of the TAL is deducted to reflect landings by vessels 
issued an open-access Incidental permit category, and after up to 3 
percent of the TAL is set aside for research purposes, should research 
TAL be set aside, the remaining TAL is distributed among three tilefish 
limited access permit categories: Full-time tier 1 category (66 
percent), Full-time tier 2 category (15 percent), and the Part-time 
category (19 percent).
    The TAL for tilefish for the 2007 fishing year was set at 1.995 
million lb (905,172 kg) and then adjusted downward by 5 percent to 
1,895,250 lb (859,671 kg) to account for incidental catch. There was no 
research set-aside for the 2007 fishing year. Thus, the Part-time 
permit category quota for the 2007 fishing year, which is equal to 19 
percent of the TAL, was specified at 360,098 lb (163,338 kg). However, 
due to an over-harvest in the 2006 fishing year, the quota for the 
Part-time permit category was adjusted downward by 92,935 lb (42,155 
kg) to 267,163 lb (121,183 kg). Notification of the 2007 Part-time 
permit category quota for the 2007 fishing year was published in the 
Federal Register on October 31, 2006 (71 FR 63703).
    The Administrator, Northeast Region, NMFS (Regional Administrator) 
monitors the commercial tilefish quota for each fishing year using 
dealer reports, vessel catch reports, and other available information 
to determine when the quota for each limited access permit category is 
projected to have been harvested. NMFS is required to publish 
notification in the Federal Register notifying commercial vessels and 
dealer permit holders that, effective

[[Page 78383]]

upon a specific date, the tilefish TAL for the specific limited access 
category has been harvested and no commercial quota is available for 
harvesting tilefish by that category for the remainder of the fishing 
year, from within the Golden Tilefish Management Unit.
    The Regional Administrator has determined, based upon dealer 
reports and other available information, that the 2007 tilefish TAL for 
the Part-time category has been harvested. Therefore, effective 0001 hr 
local time, December 29, 2006, further landings of tilefish harvested 
from within the Golden Tilefish Management Unit by tilefish vessels 
holding Part-time category Federal fisheries permits are prohibited 
through October 31, 2007. The 2008 fishing year for commercial tilefish 
harvest will open on November 1, 2007. Federally permitted dealers are 
also advised that, effective December 29, 2006, they may not purchase 
tilefish from Part-time category federally permitted tilefish vessels 
who land tilefish harvested from within the Golden Tilefish Management 
Unit for the remainder of the 2007 fishing year (through October 31, 
2007).

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under E.O. 12866.

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

    Dated: December 22, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-9918 Filed 12-26-06; 8:51 am]
BILLING CODE 3510-22-S

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