Fisheries off West Coast States; Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for the Catcher-processor, Mothership and Shore-based Sectors, 46176-46177 [E7-16234]

Download as PDF 46176 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations that are interchangeable with a majority of the covered major parts of passenger cars or MPVs subject to the parts marking requirements. (70 FR 28843 and 69 FR 17960) As part of the May 2005 final rule, the agency changed the effective date of the April 2004 final rule to phase-in the new requirements over a two-year period. The reporting requirements for this phase-in were found in new 49 CFR part 545. This new part contained six incomplete crossreferences to the parts marking requirements in 49 CFR part 541. This notice corrects those errors. Correcting these errors will not impose or relax any additional substantive requirements or burdens on manufacturers. Therefore, NHTSA finds for good cause that any notice and opportunity for comment on these correcting amendments are not necessary. I For the reasons set out in the preamble, NHTSA is correctly amending 49 CFR part 545 as follows: § 545.6 Reporting requirements for vehicles listed in § 541.3(a)(1). PART 545—[AMENDED] § 545.7 Reporting requirements for vehicles listed in § 541.3(b)(2). 1. The authority for part 545 continues to read as follows: I * Authority: 49 U.S.C. 322, 33101, 33102, 33103, 33104, 33105; delegation of authority at 49 CFR 1.50. 2. Section 545.1 is revised to read as follows: I § 545.1 ebenthall on PRODPC61 with RULES * * * * Issued on: August 10, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7–16125 Filed 8–16–07; 8:45 am] BILLING CODE 4910–59–P Scope. This part establishes requirements for manufacturers of motor vehicles to respond to NHTSA inquiries, to submit reports, and to maintain records related to the reports, concerning the number of vehicles that meet the requirements of 49 CFR part 541, and the number of vehicles that are excluded from the requirements of 49 CFR part 541 pursuant to 49 CFR 541.3(b)(2). I 3. The first paragraph of § 545.4 is designated as paragraph (a) and the second paragraph of § 545.4 is designated as paragraph (b) and revised to read as follows: § 545.4 (a) General reporting requirements. Within 60 days after the end of the production year ending August 31, 2007, each manufacturer shall submit a report to the National Highway Traffic Safety Administration concerning its compliance with 49 CFR part 541 for vehicles listed in § 541.3(a)(1) that were manufactured between September 1, 2006 and August 31, 2007. Each report must— * * * * * (b) Report content—(1) Basis for Statement of Compliance. Each manufacturer shall provide the number of motor vehicles listed in § 541.3(a)(1) that were manufactured between September 1, 2006 and August 31, 2007 (excluding those motor vehicles that were subject to the requirements of 49 CFR part 541 before September 1, 2006). * * * * * I 5. Section 545.7 is amended by revising the heading to read as follows: Response to inquiries. 15:35 Aug 16, 2007 Jkt 211001 National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 070404078–0778–01] RIN 0648–XB00 Fisheries off West Coast States; Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for the Catcher-processor, Mothership and Shore-based Sectors National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Fishing restrictions; request for comments. AGENCY: (a) * * * (b) At any time prior to August 31, 2007, each manufacturer must, upon request from the Office of Vehicle Safety Compliance, provide information identifying the vehicles (by make, model, and vehicle identification number) that are excluded from the requirements of 49 CFR part 541 pursuant to 49 CFR 541.3(b)(2). I 4. Section 545.6 is amended by revising the heading, paragraph (a) introductory text, and paragraph (b)(1) to read as follows: VerDate Aug<31>2005 DEPARTMENT OF COMMERCE SUMMARY: NMFS announces the end of the 2007 Pacific Whiting (whiting) primary Season for the catcherprocessor, mothership and shore-based sectors at 1800 local time (l.t.) July 26, 2007. This action is intended to minimize impacts on widow rockfish and to keep the harvest of widow PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 rockfish, an overfished species, within its 2007 optimum yield (OY). DATES: Effective from 1800 l.t. July 26, 2007, until the start of the 2008 primary seasons, unless modified, superseded or rescinded in which NMFS will publish a notification in the Federal Register. Comments will be accepted through September 4, 2007. ADDRESSES: You may submit comments, identified by [RIN number 0648-XB00], by any of the following methods: 1. E-mail:. Whitingclosureall.nwr@noaa.gov Include [RIN number 0648-XB00] in the subject line of the message. 2. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. 3. Fax: 206–526–6736, Attn: Becky Renko. 4. Mail: D. Robert Lohn, Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115–0070, Attn: Becky Renko. FOR FURTHER INFORMATION CONTACT: Becky Renko at 206–526–6110. SUPPLEMENTARY INFORMATION: This action is authorized by regulations implementing the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. The 2007 non-tribal commercial optimum yield (OY) for whiting is 208,091 mt. Regulations at 50 CFR 660.323(a)(4) divide the commercial whiting OY into separate allocations for the catcher-processor, mothership, and shore-based sectors. The catcherprocessor sector is composed of vessels that harvest and process whiting. The mothership sector is composed of catcher vessels that harvest whiting and mothership vessels that process, but do not harvest whiting. The shore-based sector is composed of vessels that harvest whiting for delivery to landbased processors. Each commercial sector receives a portion of the commercial OY. For 2007, the catcherprocessors received 34 percent (70,751 mt), motherships received 24 percent (49,942 mt), and the shore-based sector received 42 percent (87,398 mt). Overfished Species The limited availability of overfished species that can be taken as incidental catch in the whiting fisheries, particularly canary, darkblotched and widow rockfish led to NMFS implementing bycatch limits for those species. With bycatch limits, the industry has the opportunity to harvest a larger whiting OY, providing the E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations incidental catch of overfished species does not exceed the adopted bycatch limits. If a bycatch limit is reached, all non-tribal sectors of the whiting fishery are closed for the remainder of the year. For 2007, the following bycatch limits were specified for the non-tribal whiting sectors: 4.7 mt for canary rockfish, 25 mt for darkblotched rockfish and 220 mt for widow rockfish. The best available information on July 25, 2007, indicated that 220.7 mt of widow rockfish had been taken in the whiting fisheries in 2007. Accordingly, the primary seasons for the catcherprocessor sector, mothership sector and the shore-based sectors were ended at 1800 l.t. July 26, 2007 through actual notice to the fishers. Actual notice was made by fax, VHS radio notice to mariners, internet postings on the Northwest Region’s whiting web site and the Oregon Department of Wildlife’s whiting web site, and by emails sent to a public groundfish listserve maintained by NMFS Northwest Region. NMFS Action ebenthall on PRODPC61 with RULES This notice announces that the primary seasons for the catcherprocessor, mothership and shore-based sectors of the whiting fishery, was ended at 1800 l.t. July 26. The best available information on July 25, 2007, indicated that 220.7 mt of widow rockfish has been taken by these sectors of the whiting fisheries. Because the VerDate Aug<31>2005 15:35 Aug 16, 2007 Jkt 211001 46177 bycatch limit had been reached and in accordance with the regulations at 50 CFR 660.373(b)(4), NMFS announced that effective 1800 l.t. July 26, 2007: (1) further taking and retaining, receiving or at-sea processing of whiting by a catcher-processor is prohibited; (2) further taking and retaining, receiving or at-sea processing of whiting by a mothership processor is prohibited, and (3) no more than 10,000–lb (4,536 kg) of whiting may be taken and retained, possessed or landed by any vessel participating in the shore-based sector of the whiting fishery, unless otherwise announced in the Federal Register. For vessels in the at-sea processing sectors, no additional unprocessed whiting may be brought on board after at-sea processing is prohibited, but a catcherprocessor or mothership may continue to process whiting that was on board before at-sea processing was prohibited. For vessels in the shore-based sector fishing shoreward of the 100 fm (183 m) contour in the Eureka area (43O 40O30’ N. lat.) at any time during a fishing trip, the 10,000–lb (4,536 kg) trip limit applies, as announced in the management measures 660.373 (d). provided to the fishers prior to the effective date. The Assistant Administrator for Fisheries, NMFS, finds good cause to waive the requirement to provide prior notice and opportunity for comment on this action pursuant to 5 U.S.C. 553 (3)(b)(B), because providing prior notice and opportunity would be impracticable. It would be impracticable because if this closure were delayed in order to provide notice and comment, the catch of widow rockfish would be expected to result in the rebuilding-based OY being exceeded. The delay needed to provide a cooling off period also could be expected to result in the rebuildingbased OY for widow rockfish being exceeded. Therefore, good cause also exists to waive the 30–day delay in effectiveness requirement of 5 U.S.C. 553 (d)(3). The aggregate data upon which the determination is based are available for public inspection at the Office of the Regional Administrator (see ADDRESSES) during business hours. This action is taken under the authority of 50 CFR 660.373 (b) and is exempt from review under E.O. 12866. Classification Dated: August 10, 2007. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7–16234 Filed 8–16–07; 8:45 am] This action is authorized by the regulations implementing the FMP. The determination to take this action is based on the most recent data available. Actual notice of the closure was PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–S E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46176-46177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16234]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070404078-0778-01]
RIN 0648-XB00


Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; End of the Pacific Whiting Primary Season for the Catcher-
processor, Mothership and Shore-based Sectors

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

ACTION: Fishing restrictions; request for comments.

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SUMMARY: NMFS announces the end of the 2007 Pacific Whiting (whiting) 
primary Season for the catcher-processor, mothership and shore-based 
sectors at 1800 local time (l.t.) July 26, 2007. This action is 
intended to minimize impacts on widow rockfish and to keep the harvest 
of widow rockfish, an overfished species, within its 2007 optimum yield 
(OY).

DATES: Effective from 1800 l.t. July 26, 2007, until the start of the 
2008 primary seasons, unless modified, superseded or rescinded in which 
NMFS will publish a notification in the Federal Register. Comments will 
be accepted through September 4, 2007.

ADDRESSES: You may submit comments, identified by [RIN number 0648-
XB00], by any of the following methods:
    1. E-mail:. Whitingclosureall.nwr@noaa.gov Include [RIN number 
0648-XB00] in the subject line of the message.
    2. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    3. Fax: 206-526-6736, Attn: Becky Renko.
    4. Mail: D. Robert Lohn, Administrator, Northwest Region, NMFS, 
7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Becky Renko.

FOR FURTHER INFORMATION CONTACT: Becky Renko at 206-526-6110.

SUPPLEMENTARY INFORMATION: This action is authorized by regulations 
implementing the Pacific Coast Groundfish Fishery Management Plan 
(FMP), which governs the groundfish fishery off Washington, Oregon, and 
California.
    The 2007 non-tribal commercial optimum yield (OY) for whiting is 
208,091 mt. Regulations at 50 CFR 660.323(a)(4) divide the commercial 
whiting OY into separate allocations for the catcher-processor, 
mothership, and shore-based sectors. The catcher-processor sector is 
composed of vessels that harvest and process whiting. The mothership 
sector is composed of catcher vessels that harvest whiting and 
mothership vessels that process, but do not harvest whiting. The shore-
based sector is composed of vessels that harvest whiting for delivery 
to land-based processors. Each commercial sector receives a portion of 
the commercial OY. For 2007, the catcher-processors received 34 percent 
(70,751 mt), motherships received 24 percent (49,942 mt), and the 
shore-based sector received 42 percent (87,398 mt).

Overfished Species

    The limited availability of overfished species that can be taken as 
incidental catch in the whiting fisheries, particularly canary, 
darkblotched and widow rockfish led to NMFS implementing bycatch limits 
for those species. With bycatch limits, the industry has the 
opportunity to harvest a larger whiting OY, providing the

[[Page 46177]]

incidental catch of overfished species does not exceed the adopted 
bycatch limits. If a bycatch limit is reached, all non-tribal sectors 
of the whiting fishery are closed for the remainder of the year. For 
2007, the following bycatch limits were specified for the non-tribal 
whiting sectors: 4.7 mt for canary rockfish, 25 mt for darkblotched 
rockfish and 220 mt for widow rockfish.
    The best available information on July 25, 2007, indicated that 
220.7 mt of widow rockfish had been taken in the whiting fisheries in 
2007. Accordingly, the primary seasons for the catcher-processor 
sector, mothership sector and the shore-based sectors were ended at 
1800 l.t. July 26, 2007 through actual notice to the fishers. Actual 
notice was made by fax, VHS radio notice to mariners, internet postings 
on the Northwest Region's whiting web site and the Oregon Department of 
Wildlife's whiting web site, and by emails sent to a public groundfish 
listserve maintained by NMFS Northwest Region.

NMFS Action

    This notice announces that the primary seasons for the catcher-
processor, mothership and shore-based sectors of the whiting fishery, 
was ended at 1800 l.t. July 26. The best available information on July 
25, 2007, indicated that 220.7 mt of widow rockfish has been taken by 
these sectors of the whiting fisheries. Because the bycatch limit had 
been reached and in accordance with the regulations at 50 CFR 
660.373(b)(4), NMFS announced that effective 1800 l.t. July 26, 2007: 
(1) further taking and retaining, receiving or at-sea processing of 
whiting by a catcher-processor is prohibited; (2) further taking and 
retaining, receiving or at-sea processing of whiting by a mothership 
processor is prohibited, and (3) no more than 10,000-lb (4,536 kg) of 
whiting may be taken and retained, possessed or landed by any vessel 
participating in the shore-based sector of the whiting fishery, unless 
otherwise announced in the Federal Register. For vessels in the at-sea 
processing sectors, no additional unprocessed whiting may be brought on 
board after at-sea processing is prohibited, but a catcher-processor or 
mothership may continue to process whiting that was on board before at-
sea processing was prohibited. For vessels in the shore-based sector 
fishing shoreward of the 100 fm (183 m) contour in the Eureka area (43O 
- 40O30' N. lat.) at any time during a fishing trip, the 10,000-lb 
(4,536 kg) trip limit applies, as announced in the management measures 
660.373 (d).

Classification

    This action is authorized by the regulations implementing the FMP. 
The determination to take this action is based on the most recent data 
available. Actual notice of the closure was provided to the fishers 
prior to the effective date. The Assistant Administrator for Fisheries, 
NMFS, finds good cause to waive the requirement to provide prior notice 
and opportunity for comment on this action pursuant to 5 U.S.C. 553 
(3)(b)(B), because providing prior notice and opportunity would be 
impracticable. It would be impracticable because if this closure were 
delayed in order to provide notice and comment, the catch of widow 
rockfish would be expected to result in the rebuilding-based OY being 
exceeded. The delay needed to provide a cooling off period also could 
be expected to result in the rebuilding-based OY for widow rockfish 
being exceeded. Therefore, good cause also exists to waive the 30-day 
delay in effectiveness requirement of 5 U.S.C. 553 (d)(3). The 
aggregate data upon which the determination is based are available for 
public inspection at the Office of the Regional Administrator (see 
ADDRESSES) during business hours.
    This action is taken under the authority of 50 CFR 660.373 (b) and 
is exempt from review under E.O. 12866.

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

    Dated: August 10, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-16234 Filed 8-16-07; 8:45 am]
BILLING CODE 3510-22-S

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