Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Closure of the Eastern U.S./Canada Area, 21123-21124 [07-2083]
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Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations
§ 716.120
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
[Amended]
4. In § 716.120, in the table under the
heading ‘‘Voluntary HPV Challenge
Program orphan (unsponsored)
chemicals in paragraph (d), remove the
entries Phosphorotrithious acid, tributyl
ester, CAS No. 150–50–5 and
Phosphorodithioic acid, O,O-diethyl
ester, sodium salt, CAS No. 3338–24–7.
I
This action does not involve special
considerations of environmental justicerelated issues pursuant to Executive
Order 12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
[FR Doc. 07–2104 Filed 4–27–07; 8:45 am]
BILLING CODE 6560–50–S
VI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report 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 the rule in the Federal
Register. This rule is not a major rule as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Parts 712 and
716
Environmental protection, Chemicals,
Hazardous substances, Health and
safety, Reporting and recordkeeping
requirements.
Dated: April 23, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 712—[AMENDED]
1. The authority citation for part 712
continues to read as follows:
I
Authority: 15 U.S.C. 2607(a).
§ 712.30
[Amended]
2. In § 712.30, in the table under the
heading ‘‘Voluntary HPV Challenge
Program orphan (unsponsored)
chemicals’’ in paragraph (e), remove the
entries CAS No. 150–50–5,
Phosphorotrithious acid, tributyl ester
and CAS No. 3338–24–7,
Phosphorodithioic acid, O,O–diethyl
ester, sodium salt.
pwalker on PROD1PC71 with RULES
I
PART 716–-[AMENDED]
3. The authority citation for part 716
continues to read as follows:
I
Authority: 15 U.S.C. 2607(d).
VerDate Aug<31>2005
16:27 Apr 27, 2007
Jkt 211001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 04011–2010–4114–02; I.D.
042407B]
RIN 0648–AN17
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Closure of
the Eastern U.S./Canada Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS announces the closure
of the Eastern U.S./Canada Area to
limited access NE multispecies days-atsea (DAS) vessels for the remainder of
the 2006 fishing year (i.e., through April
30, 2007). Based upon Vessel
Monitoring System (VMS) reports and
other available information, the
Administrator, Northeast Region, NMFS
(Regional Administrator) has
determined that 100 percent of the total
allowable catch (TAC) of Georges Bank
(GB) cod allocated to be harvested from
the Eastern U.S./Canada Area will be
harvested by April 25, 2007. This action
is being taken to prevent the 2006 TAC
for GB cod in the Eastern U.S./Canada
Area from being exceeded during the
2006 fishing year in accordance with the
regulations implemented under
Amendment 13 to the NE Multispecies
Fishery Management Plan and the
Magnuson-Stevens Fishery
Conservation and Management Act.
DATES: The closure of the Eastern U.S./
Canada Area to all limited access NE
multispecies DAS vessels is effective
0001 hr local time, April 25, 2007,
through 2400 hr local time, April 30,
2007.
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
21123
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Fishery Management
Specialist, (978) 281–9145, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the U.S./Canada Management Area are
found at § 648.85. These regulations
authorize vessels issued a valid limited
access NE multispecies permit and
fishing under a NE multispecies DAS to
fish in the Eastern U.S./Canada Area
under specific conditions. The final GB
cod TAC allocation for the 2006 fishing
year was specified at 374 mt (April 28,
2006; 71 FR 25095). Once 100 percent
of the GB cod TAC allocation specified
for the U.S./Canada Management Area is
projected to have been harvested, the
regulations at § 648.85(a)(3)(iv)(E)
require the Regional Administrator to
close access to the Eastern U.S./Canada
Area for all limited access NE
multispecies DAS vessels to prevent
over-harvesting the TAC allocations for
the U.S./Canada Management Area.
Based upon VMS daily catch reports,
dealer reports, and other available
information, the Regional Administrator
has determined that 100 percent of the
2006 GB cod TAC of 374 mt will have
been harvested on April 25, 2007.
Therefore, based on the available
information described above, to ensure
that the TAC for GB cod will not be
exceeded, the Eastern U.S./Canada Area
is closed to all limited access NE
multispecies DAS vessels for the
remainder of the 2006 fishing year,
effective April 25, 2007, pursuant to
§ 648.85(a)(3)(iv)(E). Vessels that have
made a correct VMS declaration
indicating the intention to fish in the
Eastern U.S./Canada Area (VMS U.S./
Canada Area Code 2), and crossed the
demarcation line prior to 0001 hours on
April 25, 2007, may continue their trip
and fish in the Eastern U.S./Canada
Area. Vessels that are currently declared
into the Eastern U.S./Canada Area, and
have already ‘‘flexed out’’ or ‘‘flexed
west’’, may not reenter the Eastern U.S./
Canada Area after 0001 hours on April
25, 2007. Any vessel that leaves the
Eastern U.S./Canada Area after 0001
hours on April 25, 2007, is prohibited
from reentering the Eastern U.S./Canada
Area for the remainder of the fishing
year.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B) and
(d)(3), the Assistant Administrator finds
good cause to waive prior notice and
opportunity for public comment, as well
as the delayed effectiveness for this
E:\FR\FM\30APR1.SGM
30APR1
21124
Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations
pwalker on PROD1PC71 with RULES
action, because notice, comment, and a
delayed effectiveness would be
impracticable and contrary to the public
interest. This action will close the
Eastern U.S./Canada Area to groundfish
DAS vessels. This action is required by
the regulations at § 648.85(a)(3)(iv)(E)
and is non-discretionary. In addition,
since 100 percent of the GB cod is
projected to be harvested by April 25,
2007, there is insufficient time to allow
for public notice, comment, and delayed
effectiveness before 100 percent of the
TAC will be harvested.
Given the increasing harvest rate and
the small GB cod TAC specified for
2006, the time necessary to provide for
prior notice, opportunity for public
comment, or delayed effectiveness
would prevent the agency from ensuring
that the 2006 TAC for GB cod is not
exceeded during the 2006 fishing year.
It was not possible to take this action
VerDate Aug<31>2005
16:27 Apr 27, 2007
Jkt 211001
earlier to provide more time for public
comment because of the increasing GB
cod harvest rate, the small GB cod TAC,
and the ability of NMFS to monitor the
harvest (the projection that 100 percent
of the GB cod TAC would be harvested
by April 25, 2007, was not available
until April 23, 2007). Exceeding the
2006 TAC for GB cod would increase
mortality of this overfished stock
beyond that evaluated during the
development of Amendment 13,
resulting in decreased revenue for the
NE multispecies fishery, increased
economic impacts to vessels operating
in the Eastern U.S./Canada Area, a
reduced chance of achieving optimum
yield in the groundfish fishery, and
unnecessary delays to the rebuilding of
this overfished stock.
The public has been able to obtain
information on the rate of harvest of the
GB cod TAC via the Northeast Regional
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Office website (https://
www.nero.noaa.gov) to provide at least
some advanced notice of the harvest
totals and potential action to prevent the
TAC for GB cod from being exceeded
during the 2006 fishing year. Further,
the potential for this action was
considered and open to public comment
during the development of Amendment
13. Therefore, any negative effect the
waiving of public comment and delayed
effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 24, 2007.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 07–2083 Filed 4–24–07; 2:49 pm]
BILLING CODE 3510–22–S
E:\FR\FM\30APR1.SGM
30APR1
]]>Agencies
[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Rules and Regulations]
[Pages 21123-21124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2083]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 04011-2010-4114-02; I.D. 042407B]
RIN 0648-AN17
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Closure of the Eastern U.S./Canada Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the closure of the Eastern U.S./Canada Area to
limited access NE multispecies days-at-sea (DAS) vessels for the
remainder of the 2006 fishing year (i.e., through April 30, 2007).
Based upon Vessel Monitoring System (VMS) reports and other available
information, the Administrator, Northeast Region, NMFS (Regional
Administrator) has determined that 100 percent of the total allowable
catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the
Eastern U.S./Canada Area will be harvested by April 25, 2007. This
action is being taken to prevent the 2006 TAC for GB cod in the Eastern
U.S./Canada Area from being exceeded during the 2006 fishing year in
accordance with the regulations implemented under Amendment 13 to the
NE Multispecies Fishery Management Plan and the Magnuson-Stevens
Fishery Conservation and Management Act.
DATES: The closure of the Eastern U.S./Canada Area to all limited
access NE multispecies DAS vessels is effective 0001 hr local time,
April 25, 2007, through 2400 hr local time, April 30, 2007.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management
Specialist, (978) 281-9145, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the U.S./Canada Management Area are found at Sec. 648.85. These
regulations authorize vessels issued a valid limited access NE
multispecies permit and fishing under a NE multispecies DAS to fish in
the Eastern U.S./Canada Area under specific conditions. The final GB
cod TAC allocation for the 2006 fishing year was specified at 374 mt
(April 28, 2006; 71 FR 25095). Once 100 percent of the GB cod TAC
allocation specified for the U.S./Canada Management Area is projected
to have been harvested, the regulations at Sec. 648.85(a)(3)(iv)(E)
require the Regional Administrator to close access to the Eastern U.S./
Canada Area for all limited access NE multispecies DAS vessels to
prevent over-harvesting the TAC allocations for the U.S./Canada
Management Area.
Based upon VMS daily catch reports, dealer reports, and other
available information, the Regional Administrator has determined that
100 percent of the 2006 GB cod TAC of 374 mt will have been harvested
on April 25, 2007. Therefore, based on the available information
described above, to ensure that the TAC for GB cod will not be
exceeded, the Eastern U.S./Canada Area is closed to all limited access
NE multispecies DAS vessels for the remainder of the 2006 fishing year,
effective April 25, 2007, pursuant to Sec. 648.85(a)(3)(iv)(E).
Vessels that have made a correct VMS declaration indicating the
intention to fish in the Eastern U.S./Canada Area (VMS U.S./Canada Area
Code 2), and crossed the demarcation line prior to 0001 hours on April
25, 2007, may continue their trip and fish in the Eastern U.S./Canada
Area. Vessels that are currently declared into the Eastern U.S./Canada
Area, and have already ``flexed out'' or ``flexed west'', may not
reenter the Eastern U.S./Canada Area after 0001 hours on April 25,
2007. Any vessel that leaves the Eastern U.S./Canada Area after 0001
hours on April 25, 2007, is prohibited from reentering the Eastern
U.S./Canada Area for the remainder of the fishing year.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), the Assistant
Administrator finds good cause to waive prior notice and opportunity
for public comment, as well as the delayed effectiveness for this
[[Page 21124]]
action, because notice, comment, and a delayed effectiveness would be
impracticable and contrary to the public interest. This action will
close the Eastern U.S./Canada Area to groundfish DAS vessels. This
action is required by the regulations at Sec. 648.85(a)(3)(iv)(E) and
is non-discretionary. In addition, since 100 percent of the GB cod is
projected to be harvested by April 25, 2007, there is insufficient time
to allow for public notice, comment, and delayed effectiveness before
100 percent of the TAC will be harvested.
Given the increasing harvest rate and the small GB cod TAC
specified for 2006, the time necessary to provide for prior notice,
opportunity for public comment, or delayed effectiveness would prevent
the agency from ensuring that the 2006 TAC for GB cod is not exceeded
during the 2006 fishing year. It was not possible to take this action
earlier to provide more time for public comment because of the
increasing GB cod harvest rate, the small GB cod TAC, and the ability
of NMFS to monitor the harvest (the projection that 100 percent of the
GB cod TAC would be harvested by April 25, 2007, was not available
until April 23, 2007). Exceeding the 2006 TAC for GB cod would increase
mortality of this overfished stock beyond that evaluated during the
development of Amendment 13, resulting in decreased revenue for the NE
multispecies fishery, increased economic impacts to vessels operating
in the Eastern U.S./Canada Area, a reduced chance of achieving optimum
yield in the groundfish fishery, and unnecessary delays to the
rebuilding of this overfished stock.
The public has been able to obtain information on the rate of
harvest of the GB cod TAC via the Northeast Regional Office website
(https://www.nero.noaa.gov) to provide at least some advanced notice of
the harvest totals and potential action to prevent the TAC for GB cod
from being exceeded during the 2006 fishing year. Further, the
potential for this action was considered and open to public comment
during the development of Amendment 13. Therefore, any negative effect
the waiving of public comment and delayed effectiveness may have on the
public is mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 24, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-2083 Filed 4-24-07; 2:49 pm]
BILLING CODE 3510-22-S
