Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Community Development Quota Program, 73665-73666 [E7-25076]

Download as PDF Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Rules and Regulations pwalker on PROD1PC71 with RULES requirements apply to all variations in net panel size. One weak link must be placed in the center of the floatline and one weak link must be placed in the center of each of the up and down lines at both ends of the net panel. Additionally, one weak link must be placed as close as possible to each end of the net panels on the floatline; or, one weak link must be placed between floatline tie-loops between net panels and one weak link must be placed where the floatline tie-loops attach to the bridle, buoy line, or groundline at each end of a net string; 5. A weak link with a maximum breaking strength of 1,100 lb (498.8 kg) must be placed at all buoys; and 6. All anchored gillnets, regardless of the number of net panels, must be securely anchored with the holding power of at least a 22 lb (10.0 kg) Danforth-style anchor at each end of the net string. The restrictions will be in effect beginning at 0001 hours December 31, 2007, through 2400 hours January 14, 2008, unless terminated sooner or extended by NMFS through another notification in the Federal Register. The restrictions will be announced to state officials, fishermen, ALWTRT members, and other interested parties through e-mail, phone contact, NOAA website, and other appropriate media immediately upon issuance of the rule by the AA. Classification In accordance with section 118(f)(9) of the MMPA, the Assistant Administrator (AA) for Fisheries has determined that this action is necessary to implement a take reduction plan to protect North Atlantic right whales. Environmental Assessments for the DAM program were prepared on December 28, 2001, and August 6, 2003. This action falls within the scope of the analyses of these EAs, which are available from the agency upon request. NMFS provided prior notice and an opportunity for public comment on the regulations establishing the criteria and procedures for implementing a DAM zone. Providing prior notice and opportunity for comment on this action, pursuant to those regulations, would be impracticable because it would prevent NMFS from executing its functions to protect and reduce serious injury and mortality of endangered right whales. The regulations establishing the DAM program are designed to enable the agency to help protect unexpected concentrations of right whales. In order to meet the goals of the DAM program, the agency needs to be able to create a DAM zone and implement restrictions VerDate Aug<31>2005 23:53 Dec 27, 2007 Jkt 214001 on fishing gear as soon as possible once the criteria are triggered and NMFS determines that a DAM restricted zone is appropriate. If NMFS were to provide prior notice and an opportunity for public comment upon the creation of a DAM restricted zone, the aggregated right whales would be vulnerable to entanglement which could result in serious injury and mortality. Additionally, the right whales would most likely move on to another location before NMFS could implement the restrictions designed to protect them, thereby rendering the action obsolete. Therefore, pursuant to 5 U.S.C. 553(b)(B), the AA finds that good cause exists to waive prior notice and an opportunity to comment on this action to implement a DAM restricted zone to reduce the risk of entanglement of endangered right whales in commercial lobster trap/pot and anchored gillnet gear as such procedures would be impracticable. For the same reasons, the AA finds that, under 5 U.S.C. 553(d)(3), good cause exists to waive the 30–day delay in effective date. If NMFS were to delay for 30 days the effective date of this action, the aggregated right whales would be vulnerable to entanglement, which could cause serious injury and mortality. Additionally, right whales would likely move to another location between the time NMFS approved the action creating the DAM restricted zone and the time it went into effect, thereby rendering the action obsolete and ineffective. Nevertheless, NMFS recognizes the need for fishermen to have time to either modify or remove (if not in compliance with the required restrictions) their gear from a DAM zone once one is approved. Thus, NMFS makes this action effective 2 days after the date of publication of this document in the Federal Register. NMFS will also endeavor to provide notice of this action to fishermen through other means upon issuance of the rule by the AA, thereby providing approximately 3 additional days of notice while the Office of the Federal Register processes the document for publication. NMFS determined that the regulations establishing the DAM program and actions such as this one taken pursuant to those regulations are consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program of the U.S. Atlantic coastal states. This determination was submitted for review by the responsible state agencies under section 307 of the Coastal Zone Management Act. Following state review of the regulations creating the DAM program, no state disagreed with PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 73665 NMFS’ conclusion that the DAM program is consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program for that state. The DAM program under which NMFS is taking this action contains policies with federalism implications warranting preparation of a federalism assessment under Executive Order 13132. Accordingly, in October 2001 and March 2003, the Assistant Secretary for Intergovernmental and Legislative Affairs, Department of Commerce, provided notice of the DAM program and its amendments to the appropriate elected officials in states to be affected by actions taken pursuant to the DAM program. Federalism issues raised by state officials were addressed in the final rules implementing the DAM program. A copy of the federalism Summary Impact Statement for the final rules is available upon request (ADDRESSES). The rule implementing the DAM program has been determined to be not significant under Executive Order 12866. Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3) Dated: December 20, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 07–6230 Filed 12–21–07; 2:53 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0612242964–7332–02; I.D. 080106C] RIN 0648–AS84 Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Community Development Quota Program National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; effectiveness of collection-of-information requirements. AGENCY: SUMMARY: NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements implementing the Individual Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific E:\FR\FM\28DER1.SGM 28DER1 73666 Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Rules and Regulations pwalker on PROD1PC71 with RULES halibut fishery and sablefish fishery. OMB assigned OMB Control Number 0648–0569 to the collection of information contained in these regulations. The intent of this final rule is to announce the effective date of these regulations is January 28, 2008. DATES: The collection of information requirements in §§ 679.42(d) and 679.42(i), published on August 9, 2007 (72 FR 44795), are effective January 28, 2008. ADDRESSES: Written comments regarding the burden-hour estimates or other aspects of the collection-ofinformation requirements contained in this final rule may be submitted to NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian, and by email to DavidlRostker@omb.eop.gov or fax to 202–395–7285. FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, NMFS, 907–586–7228 or e-mail at patsy.bearden@noaa.gov. SUPPLEMENTARY INFORMATION: A final rule that modified the Individual Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific halibut fishery and sablefish fishery was published in the Federal Register on August 9, 2007 (72 FR 44795), and most of the measures were effective September 10, 2007. However, because VerDate Aug<31>2005 23:53 Dec 27, 2007 Jkt 214001 OMB approval of the reporting requirements contained in this final rule at 50 CFR parts 679.42(d) and 679.42(i) had not been received by the effective date of the rule, the effective date of these collection-of-information requirements were delayed. On October 31, 2007, NMFS received OMB approval for these collection-of-information requirements and assigned OMB Control Number 0648–0569 to them. Consequently, NMFS announces the effectiveness of these regulations relating to IFQ Medical Transfer Application, appeal, and proof-ofownership documentation for the hired master changes. A complete explanation of the requirements imposed by these regulations and the rationale for them was provided in the proposed rule (72 FR 64218, November l, 2006), and the August 9, 2007 final rule (72 FR 44795). Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection-of-information subject to the requirements of the Paperwork Reduction Act (PRA), unless that collection-of- information displays a currently valid OMB control number. This rule contains collection-ofinformation requirements subject to the PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 PRA that have been approved by OMB under control number 0648–0569. Public reporting burden per response is estimated to average 2 hours for Application for Medical Transfer of IFQ; 4 hours for each letter of appeal if an application is denied by NMFS; and 1 hour for each proof-of-ownership document for the hired master changes. The estimated response time includes the time needed for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding these reporting burden estimates or any other aspect of the collection-of-information, including suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES). List of Subjects in 50 CFR Part 679 Alaska, Fisheries, Recordkeeping and reporting requirements. Dated: December 19, 2007. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. [FR Doc. E7–25076 Filed 12–27–07; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\28DER1.SGM 28DER1

Agencies

[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Rules and Regulations]
[Pages 73665-73666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25076]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0612242964-7332-02; I.D. 080106C]
RIN 0648-AS84


Fisheries of the Exclusive Economic Zone Off Alaska; Individual 
Fishing Quota Program; Community Development Quota Program

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

ACTION: Final rule; effectiveness of collection-of-information 
requirements.

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SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of collection-of-information requirements implementing the 
Individual Fishing Quota (IFQ) Program for the fixed-gear commercial 
Pacific

[[Page 73666]]

halibut fishery and sablefish fishery. OMB assigned OMB Control Number 
0648-0569 to the collection of information contained in these 
regulations. The intent of this final rule is to announce the effective 
date of these regulations is January 28, 2008.

DATES:  The collection of information requirements in Sec. Sec.  
679.42(d) and 679.42(i), published on August 9, 2007 (72 FR 44795), are 
effective January 28, 2008.

ADDRESSES:  Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to NMFS Alaska Region, P.O. Box 
21668, Juneau, AK 99802, Attn: Ellen Sebastian, and by email to David--
Rostker@omb.eop.gov or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT:  Patsy A. Bearden, NMFS, 907-586-7228 
or e-mail at patsy.bearden@noaa.gov.

SUPPLEMENTARY INFORMATION: A final rule that modified the Individual 
Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific 
halibut fishery and sablefish fishery was published in the Federal 
Register on August 9, 2007 (72 FR 44795), and most of the measures were 
effective September 10, 2007. However, because OMB approval of the 
reporting requirements contained in this final rule at 50 CFR parts 
679.42(d) and 679.42(i) had not been received by the effective date of 
the rule, the effective date of these collection-of-information 
requirements were delayed. On October 31, 2007, NMFS received OMB 
approval for these collection-of-information requirements and assigned 
OMB Control Number 0648-0569 to them. Consequently, NMFS announces the 
effectiveness of these regulations relating to IFQ Medical Transfer 
Application, appeal, and proof-of-ownership documentation for the hired 
master changes.
    A complete explanation of the requirements imposed by these 
regulations and the rationale for them was provided in the proposed 
rule (72 FR 64218, November l, 2006), and the August 9, 2007 final rule 
(72 FR 44795).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection-of-information subject to the 
requirements of the Paperwork Reduction Act (PRA), unless that 
collection-of- information displays a currently valid OMB control 
number.
    This rule contains collection-of-information requirements subject 
to the PRA that have been approved by OMB under control number 0648-
0569. Public reporting burden per response is estimated to average 2 
hours for Application for Medical Transfer of IFQ; 4 hours for each 
letter of appeal if an application is denied by NMFS; and 1 hour for 
each proof-of-ownership document for the hired master changes.
    The estimated response time includes the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collection-of-information, 
including suggestions for reducing the burden, to NMFS and OMB (see 
ADDRESSES).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: December 19, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-25076 Filed 12-27-07; 8:45 am]
BILLING CODE 3510-22-S

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