Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Full-time Tier 2 Category, 31757-31758 [07-2858]

Download as PDF Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Rules and Regulations the proposed rule. The regulatory text was not modified in drafting of the final rule. Classification NMFS has determined that the final rule is consistent with the HMS FMP and is consistent with the MagnusonStevens Fishery Conservation and Management Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification or the economic impact of the rule. As a result, a regulatory flexibility analysis was not required and none was prepared. List of Subjects 50 CFR Part 224 Administrative practice and procedure, Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements. 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: June 04, 2007. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR parts 224 and 660 are amended as follows: I PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES 1. The authority citation for part 224 continues to read as follows: I Authority: 16 U.S.C. 1531–1543 and 16 U.S.C. 1361 et seq. 2. In § 224.104, paragraph (c) is revised to read as follows: I § 224.104 Special requirements for fishing activities to protect endangered sea turtles. * * * * (c) Special prohibitions relating to sea turtles are provided at § 223.206(d). jlentini on PROD1PC65 with RULES * PART 660—FISHERIES OFF THE WEST COAST STATES 3. The authority citation for part 660 continues to read as follows: I VerDate Aug<31>2005 17:48 Jun 07, 2007 Jkt 211001 Authority: 16 U.S.C. 1801 et seq. 4. In § 660.713, paragraph (c)(2) is revised to read as follows: I § 660.713 Drift gillnet fishery. * * * * * (c)(2) Pacific loggerhead conservation area. No person may fish with, set, or haul back drift gillnet gear in U.S. waters of the Pacific Ocean east of the 120° W. meridian from June 1 through August 31 during a forecasted, or occurring, El Nino event off the coast of southern California. (i) Notification of an El Nino event. The Assistant Administrator will publish in the Federal Register a notification that an El Nino event is occurring, or is forecast to occur, off the coast of southern California and the requirement of a closure under this paragraph (c)(2). Furthermore, the Assistant Administrator will announce the requirement of such a closure by other methods as are necessary and appropriate to provide actual notice to the participants in the California/ Oregon drift gillnet fishery. (ii) Determination of El Nino conditions. The Assistant Administrator will rely on information developed by NOAA offices which monitor El Nino events, such as NOAA’s Climate Prediction Center and the West Coast Office of NOAA’s Coast Watch program, in order to determine whether an El Nino is forecasted or occurring for the coast of southern California. The Assistant Administrator will use the monthly sea surface temperature anomaly charts to determine whether there are warmer than normal sea surface temperatures present off of southern California during the months prior to the closure month for years in which an El Nino event has been declared by the NOAA Climate Prediction Center. Specifically, the Assistant Administrator, will use sea surface temperature data from the third and second months prior to the month of the closure for determining whether El Nino conditions are present off of southern California. (iii) Reopening. If, during a closure as described within this paragraph (c)(2), sea surface temperatures return to normal or below normal, the Assistant Administrator may publish a Federal Register notice announcing that El Nino conditions are no longer present off the coast of southern California and may terminate the closure prior to August 31. * * * * * [FR Doc. E7–11124 Filed 6–7–07; 8:45 am] BILLING CODE 3510–22–S PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 31757 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 010319075–1217–02 ] RIN 0648–XA54 Fisheries of the Northeastern United States; Tilefish Fishery; Quota Harvested for Full-time Tier 2 Category National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; tilefish Fulltime Tier 2 permit category closure. AGENCY: SUMMARY: NMFS announces that the percentage of the tilefish annual total allowable landings (TAL) available to the Full-time Tier 2 permit category for the 2007 fishing year has been harvested. Commercial vessels fishing under the tilefish Full-time Tier 2 permit 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, June 7, 2007, 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 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). E:\FR\FM\08JNR1.SGM 08JNR1 31758 Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Rules and Regulations 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 Fulltime Tier 2 permit quota for the 2007 fishing year, which is equal to 15 percent of the TAL, was specified at 284,288 lb (106,108 kg). Notification of the 2007 Full-time Tier 2 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 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 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 Full-time Tier 2 category has been harvested. Therefore, effective 0001 hr local time, June 7, 2007, further landings of tilefish harvested from the Golden Tilefish Management Unit by tilefish vessels holding Full-time Tier 2 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 June 7, 2007, they may not purchase tilefish from Full-time Tier 2 category federally permitted tilefish vessels who land tilefish harvested from the Golden Tilefish Management Unit for the remainder of the 2007 fishing year (through October 31, 2007). jlentini on PROD1PC65 with RULES 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. VerDate Aug<31>2005 17:48 Jun 07, 2007 Jkt 211001 Dated: June 05, 2007. Alan D. Risenhoover, Director, Office Of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–2858 Filed 6–5–07; 1:25 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213033–7033–01] RIN 0648–XA70 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less than 60 Feet (18.3 m) LOA Using Pot or Hook-andLine Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-andline gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 Pacific cod total allowable catch (TAC) allocated to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 6, 2007, through 2400 hrs, A.l.t., December 31, 2007. 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 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. The 2007 and 2008 final harvest specifications for groundfish in the BSAI (72 FR 9451, March 2, 2007), the reallocation on March 5, 2007 (72 FR 10428, March 8, 2007), and the PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 reallocation on April 31, 2007 (72 FR 18595, April 30, 2007) allocated a directed fishing allowance for Pacific cod of 2,853 metric tons to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that the 2007 Pacific cod directed fishing allowance allocated to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-andline gear in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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) 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 closure of Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear 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 June 4, 2007. 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. This action is required by section 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 4, 2007 James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–2857 Filed 6–5–07; 1:25 pm] BILLING CODE 3510–22–S E:\FR\FM\08JNR1.SGM 08JNR1

Agencies

[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Rules and Regulations]
[Pages 31757-31758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2858]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010319075-1217-02 ]
RIN 0648-XA54


Fisheries of the Northeastern United States; Tilefish Fishery; 
Quota Harvested for Full-time Tier 2 Category

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

ACTION: Temporary rule; tilefish Full-time Tier 2 permit category 
closure.

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SUMMARY: NMFS announces that the percentage of the tilefish annual 
total allowable landings (TAL) available to the Full-time Tier 2 permit 
category for the 2007 fishing year has been harvested. Commercial 
vessels fishing under the tilefish Full-time Tier 2 permit 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, June 7, 2007, 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 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).

[[Page 31758]]

    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 Full-time Tier 
2 permit quota for the 2007 fishing year, which is equal to 15 percent 
of the TAL, was specified at 284,288 lb (106,108 kg). Notification of 
the 2007 Full-time Tier 2 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 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 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 Full-time Tier 2 category has been harvested. Therefore, effective 
0001 hr local time, June 7, 2007, further landings of tilefish 
harvested from the Golden Tilefish Management Unit by tilefish vessels 
holding Full-time Tier 2 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 June 7, 2007, they 
may not purchase tilefish from Full-time Tier 2 category federally 
permitted tilefish vessels who land tilefish harvested from 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: June 05, 2007.
Alan D. Risenhoover,
Director, Office Of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-2858 Filed 6-5-07; 1:25 pm]
BILLING CODE 3510-22-S

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