Taking of Marine Mammals Incidental to Commercial Fishing Operations; Harbor Porpoise Take Reduction Plan Regulations, 12698-12700 [2010-5701]
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12698
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations
may be subjected to further screening
and/or testing to better characterize
effects related to endocrine disruption.
B. Analytical Enforcement Methodology
An analytical method is not required
for enforcement purposes since the
Agency is establishing an exemption
from the requirement of a tolerance
without any numerical limitation.
C. International Tolerances
The Agency is not aware of any
country requiring a tolerance for
tetraethoxysilane, polymer with
hexamethyldisiloxane, nor have any
CODEX Maximum Residue Levels
(MRLs) been established for any food
crops at this time.
IX. Conclusion
Accordingly, EPA finds that
exempting residues of tetraethoxysilane,
polymer with hexamethyldisiloxane,
from the requirement of a tolerance will
be safe.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
X. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
under section 408(d) of FFDCA in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these rules
from review under Executive Order
12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Because this final rule has been
exempted from review under Executive
Order 12866, this final rule is not
subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it involve any technical
standards that would require Agency
consideration of voluntary consensus
standards pursuant to section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (NTTAA),
Public Law 104–113, section 12(d) (15
U.S.C. 272 note).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
VerDate Nov<24>2008
14:47 Mar 16, 2010
Jkt 220001
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes, or otherwise have any unique
impacts or local governments. Thus, the
Agency has determined that Executive
Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive
Order 13175, entitled Consultation and
Coordination with Indian Tribal
Governments (65 FR 67249, November
9, 2000) do not apply to this final rule.
In addition, this final rule does not
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104–4).
Although this action does not require
any special considerations under
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994), EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low-income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. As such, to the
extent that information is publicly
available or was submitted in comments
to EPA, the Agency considered whether
groups or segments of the population, as
a result of their location, cultural
practices, or other factors, may have
atypical or disproportionately high and
adverse human health impacts or
environmental effects from exposure to
the pesticide discussed in this
document, compared to the general
population.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this rule in the Federal
Register. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
XI. 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.
RIN 0648–AW51
PO 00000
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Fmt 4700
Sfmt 4700
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: March 8, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In §180.960, in the table, add
alphabetically the following polymers to
read as follows:
■
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
*
*
*
*
*
Polymer
*
*
CAS No.
*
Tetraethoxysilane,
polymer with
hexamethyldisiloxane, minimum number average molecular weight (in
AMU) 2,500.
*
*
*
*
*
CAS Reg. No.
104133–09–7
*
*
[FR Doc. 2010–5691 Filed 3–16; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 080721862–91321–03]
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Harbor Porpoise Take Reduction Plan
Regulations
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
E:\FR\FM\17MRR1.SGM
17MRR1
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations
ACTION:
Final rule; delay of effective
date.
Through this final rule, the
National Marine Fisheries Service
(NMFS) delays the effective date of new
seasonal pinger requirements for the
New England component of the Harbor
Porpoise Take Reduction Plan (HPTRP).
Specifically, NMFS will delay
implementation of new seasonal pinger
requirements within the Stellwagen
Bank and Southern New England
Management Areas from March 22,
2010, to September 15, 2010.
DATES: The effective dates of the
amendments to 50 CFR 229.33(a)(4) and
50 CFR 229.33(a)(5), published February
19, 2010 (75 FR 7383), are delayed until
September 15, 2010.
ADDRESSES: Copies of the final
Environmental Assessment (EA) and
Regulatory Impact Review/Final
Regulatory Flexibility Analysis (RIR/
FRFA), along with a supplemental EA,
may be obtained from the HPTRP Web
site (https://www.nero.noaa.gov/hptrp)
or by writing to Amanda Johnson,
NMFS, Northeast Region, Protected
Resources Division, 55 Great Republic
Drive, Suite 04–400, Gloucester, MA
01930.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Amanda Johnson, NMFS, Northeast
Region, 978–282–8463,
amanda.johnson@noaa.gov; or Melissa
Andersen, NMFS, Office of Protected
Resources, 301–713–2322,
melissa.andersen@noaa.gov.
SUPPLEMENTARY INFORMATION:
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Background
In response to increased serious
injury and mortality of harbor porpoises
from entanglements in commercial
gillnet fishing gear, NMFS determined
that modifications to the HPTRP were
warranted. Subsequently, on February
19, 2010 (75 FR 7383), NMFS finalized
an amendment to the HPTRP that
implemented a suite of additional
measures in both New England and the
Mid-Atlantic to reduce harbor porpoise
mortality to below the current potential
biological removal (PBR) level. For New
England, the final rule expands HPTRP
management areas and seasons in which
pingers are required on gillnets to
reduce harbor porpoise injuries and
mortalities due to gillnet gear. The
management areas and seasons
correspond to areas and times of
recently observed harbor porpoise
interactions with gillnet gear, and
include areas that were not regulated
under the original HPTRP implemented
on December 2, 1998 (63 FR 66464).
VerDate Nov<24>2008
14:47 Mar 16, 2010
Jkt 220001
Specifically, the February 19 final
rule creates two new management areas
in New England with seasonal pinger
requirements - the Stellwagen Bank and
Southern New England Management
Areas. Both areas were previously not
managed under the HPTRP; as such,
gillnet fishermen operating within these
areas were not required to use pingers.
In the Mid-Atlantic, the rule creates an
additional management area within the
Waters off New Jersey Management
Area, and modifies the large mesh tiedown requirement. Additional technical
corrections were incorporated, as well
as a scientific research component.
According to the February 19, 2010 final
rule, the modifications to the HPTRP
were to become effective on March 22,
2010.
As a result of the final rule’s pinger
requirements, NMFS anticipates a
potentially large volume of pinger
orders resulting from fishermen who, in
the past, have not been required to use
pingers.
Following the publication of the final
rule, members of the gillnet industry
expressed concern over the availability
of pingers, and about the possibility that
new gillnet vessels would be unable to
complete their required NMFS pinger
authorization training by the March 22,
2010, effective date. These concerns are
due to the historic lack of demand for
pingers prior to the publication of the
final rule, which led pinger
manufacturers and gear suppliers to
retain small quantities of pingers in
stock. Consequently, the present stock
level of pingers may be insufficient to
fulfill orders for large quantities of
pingers in time for delivery by March
22, 2010, and therefore fishermen may
not receive or be able to properly install
their pingers until after the March 22
effective date has passed.
Moreover, new gillnet vessels that fish
within HPTRP Management Areas with
seasonal pinger requirements must
complete pinger authorization training
provided by NMFS prior to conducting
gillnet activities in these areas. Due to
the anticipated volume of new gillnet
fishermen requiring pinger
authorizations, fishermen may not
receive their pinger authorization
training until after the pinger
requirements become effective.
Thus, were the pinger requirement to
go into effect on March 22, 2010, the
result may be a significant number of
fishermen being out of compliance with
the new rules, but who simultaneously
are unable to achieve compliance due to
the limited quantity of pingers from the
manufacturers.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
12699
Delay of New Seasonal Pinger
Requirements in New England
Accordingly, NMFS is delaying, until
September 15, 2010, the effective date of
new seasonal pinger requirements
within the Stellwagen Bank and
Southern New England Management
Areas (50 CFR 229.33(a)(4) and 50 CFR
229.33(a)(5), respectively).
Since publication of the final rule,
NMFS has monitored the availability of
pingers and progress made on the pinger
authorization training. Based on its
findings, NMFS has determined that
additional time to purchase and
incorporate pingers onto gillnet gear,
and for gillnet vessel operators to
receive the required pinger
authorization training, is warranted.
This final rule extends the effective date
for new seasonal pinger requirements
within the Stellwagen Bank and
Southern New England Management
Areas to September 15, 2010, to provide
additional time for fishermen to comply
with these conservation measures.
This action is warranted given the
lack of availability of pingers for
purchase, the present high demand for
pinger purchases, and the additional
time needed for new gillnet vessels to
complete the required NMFS pinger
authorization training. NMFS has
chosen September 15, 2010, as the
revised effective date for the new pinger
requirements to coincide with the first
full HPTRP management season in New
England after publication of the final
rule. Therefore, after this date, seasonal
pinger requirements will be in effect for
all New England HPTRP management
areas.
All other HPTRP amendments will
become effective on March 22, 2010, as
described in the final rule amending the
HPTRP (75 FR 7383; February 19, 2010).
Classification
The Regional Administrator (RA),
NMFS Northeast Region, has
determined that delaying the effective
date of the new seasonal pinger
requirements for New England gillnet
fishermen is necessary to minimize
adverse social and economic impacts,
and to allow time for new fishermen to
become compliant with the modified
HPTRP regulations.
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866 and does not
contain a collection of information
requirements subject to the Paperwork
Reduction Act (PRA).
An Environmental Assessment (EA)
describing the impacts to the
environment that would result from the
implementation of the February 19,
E:\FR\FM\17MRR1.SGM
17MRR1
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
12700
Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations
2010, final rule amending the HPTRP
(75 FR 7383) was prepared. The EA
concluded that the action to amend the
HPTRP was anticipated to have no
significant effect on the quality of the
human environment. A supplement to
the EA has been prepared for this
action, describing the effects to the
environment of delaying the new pinger
requirements in New England. The
supplement concludes that the delay
does not change the determination of
the EA.
Pursuant to 5 U.S.C. 553(b)(B), NMFS
finds good cause to waive prior notice
and opportunity for public comment on
this action as notice and comment
would be impracticable and contrary to
the public interest due to the time
constraints in implementing this final
rule prior to the original March 22, 2010
effective date. This final rule merely
delays the effective date of the seasonal
pinger requirements within two new
HPTRP management areas in New
England; all other new measures will
become effective on March 22, 2010.
Delaying the effective date of the
pinger requirement for these two areas
is necessary in order to allow
manufacturers of pingers to obtain stock
levels sufficient to meet the new
demand for pingers. Additionally, the
delay is necessary to provide affected
gillnet vessel owners and operators
sufficient time to come into compliance
with the HPTRP requirements by
ordering and purchasing pingers, and
receiving NMFS pinger authorization
training prior to fishing within a HPTRP
management area in which pingers are
required. Without this extension, many
affected gillnet owners and operators
would, due to the unavailability of
pingers in the large quantities being
requested, be out of compliance with
this rule the day after it becomes
effective. Moreover, if NMFS allowed
for a notice and comment period, the
effective date of the original February
19, 2010 rule would come into effect,
thereby defeating the purpose of this
rule to delay that effective date in order
to allow the affected parties to come
into compliance with the rule. For these
reasons, NMFS believes it is in the
public interest to extend the effective
date of these management areas until
the first full HPTRP management season
in New England following the initial
February 19, 2010 publication of the
final rule modifying the HPTRP. This
season begins in the fall of 2010.
Additionally, pursuant to 5 U.S.C.
553(d)(3), NMFS finds good cause to
waive the 30–day delay in effective date
of this final rule. This delay is necessary
because, if this rule’s effectiveness were
delayed an additional thirty days, the
VerDate Nov<24>2008
14:47 Mar 16, 2010
Jkt 220001
original effective date of the February
19, 2010 final rule would gain effect,
affected fishermen would be out of
compliance due to the lack of pingers,
and the purpose of this rule would be
defeated.
This final rule is exempt from the
procedures of the Regulatory Flexibility
Act because the rule is issued without
opportunity for prior notice and
opportunity for public comment.
NMFS conducted a section 7
consultation pursuant to the
Endangered Species Act (ESA) on the
final rule to amend the HPTRP, which
was completed on November 19, 2008.
The consultation concluded that the
action would not have effects on listed
species that were not previously
considered during the informal
consultation conducted on the initial
HPTRP (concluded on November 12,
1998); as such, a consultation was not
reinitiated. Therefore, delaying the
effective date of new pinger
requirements in New England through
this final rule does not change this
conclusion.
This final rule does not change the
determination for the February 19, 2010,
final rule (75 FR 7383) that the HPTRP
will be implemented in a manner that
is consistent to the maximum extent
practicable with the approved coastal
zone management programs of the U.S.
Atlantic coastal states.
This final rule does not contain
policies with federalism implications
sufficient to warrant preparation of a
federalism assessment under Executive
Order 13132.
Dated: March 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–5701 Filed 3–16–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XU90
Atlantic Highly Migratory Species;
Inseason Action to Close the
Commercial Gulf of Mexico NonSandbar Large Coastal Shark Fishery
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Fishery closure.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
SUMMARY: NMFS is closing the
commercial fishery for non-sandbar
large coastal sharks (LCS) in the Gulf of
Mexico region. This action is necessary
because the quota for the 2010 fishing
season is projected to have reached at
least 80 percent of the available quota.
DATES: The commercial non-sandbar
LCS fishery is closed effective 11:30
p.m. local time March 17, 2010, until
and if NMFS announces, via publication
in the Federal Register that additional
quota is available and the season is
reopened.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Gu DuBeck,
301–713–2347; fax 301–713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery
Management Plan (FMP), its
amendments, and its implementing
regulations found at 50 CFR part 635
issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
Under § 635.5(b)(1), shark dealers are
required to report to NMFS all sharks
landed every two weeks. Dealer reports
for fish received between the 1st and
15th of any month must be received by
NMFS by the 25th of that month. Dealer
reports for fish received between the
16th and the end of any month must be
received by NMFS by the 10th of the
following month. Under § 635.28(b)(2),
when NMFS projects that fishing season
landings for a specific shark quota have
reached or are about to reach 80 percent
of the available quota, NMFS will file
for publication with the Office of the
Federal Register a notice of closure for
that shark species group that will be
effective no fewer than 5 days from the
date of filing. From the effective date
and time of the closure until NMFS
announces, via a notice in the Federal
Register, that additional quota is
available and the season is reopened,
the fishery for that specific quota is
closed, even across fishing years.
On January 5, 2010 (75 FR 250),
NMFS announced that the non-sandbar
LCS fishery for the Gulf of Mexico
region for the 2010 fishing year would
open on February 4 and the available
non-sandbar LCS quota would be 390.5
metric tons (mt) dressed weight (dw)
(860,896 lb dw). Dealer reports through
the February 28, 2010, reporting period
indicate that 216 mt dw or 55 percent
of the available quota for non-sandbar
LCS has been taken. All dealer reports
through that reporting period are not
expected to be received by NMFS until
March 10, 2010. Dealer reports received
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Rules and Regulations]
[Pages 12698-12700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5701]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 080721862-91321-03]
RIN 0648-AW51
Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Harbor Porpoise Take Reduction Plan Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 12699]]
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: Through this final rule, the National Marine Fisheries Service
(NMFS) delays the effective date of new seasonal pinger requirements
for the New England component of the Harbor Porpoise Take Reduction
Plan (HPTRP). Specifically, NMFS will delay implementation of new
seasonal pinger requirements within the Stellwagen Bank and Southern
New England Management Areas from March 22, 2010, to September 15,
2010.
DATES: The effective dates of the amendments to 50 CFR 229.33(a)(4) and
50 CFR 229.33(a)(5), published February 19, 2010 (75 FR 7383), are
delayed until September 15, 2010.
ADDRESSES: Copies of the final Environmental Assessment (EA) and
Regulatory Impact Review/Final Regulatory Flexibility Analysis (RIR/
FRFA), along with a supplemental EA, may be obtained from the HPTRP Web
site (https://www.nero.noaa.gov/hptrp) or by writing to Amanda Johnson,
NMFS, Northeast Region, Protected Resources Division, 55 Great Republic
Drive, Suite 04-400, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Amanda Johnson, NMFS, Northeast
Region, 978-282-8463, amanda.johnson@noaa.gov; or Melissa Andersen,
NMFS, Office of Protected Resources, 301-713-2322,
melissa.andersen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In response to increased serious injury and mortality of harbor
porpoises from entanglements in commercial gillnet fishing gear, NMFS
determined that modifications to the HPTRP were warranted.
Subsequently, on February 19, 2010 (75 FR 7383), NMFS finalized an
amendment to the HPTRP that implemented a suite of additional measures
in both New England and the Mid-Atlantic to reduce harbor porpoise
mortality to below the current potential biological removal (PBR)
level. For New England, the final rule expands HPTRP management areas
and seasons in which pingers are required on gillnets to reduce harbor
porpoise injuries and mortalities due to gillnet gear. The management
areas and seasons correspond to areas and times of recently observed
harbor porpoise interactions with gillnet gear, and include areas that
were not regulated under the original HPTRP implemented on December 2,
1998 (63 FR 66464).
Specifically, the February 19 final rule creates two new management
areas in New England with seasonal pinger requirements - the Stellwagen
Bank and Southern New England Management Areas. Both areas were
previously not managed under the HPTRP; as such, gillnet fishermen
operating within these areas were not required to use pingers. In the
Mid-Atlantic, the rule creates an additional management area within the
Waters off New Jersey Management Area, and modifies the large mesh tie-
down requirement. Additional technical corrections were incorporated,
as well as a scientific research component. According to the February
19, 2010 final rule, the modifications to the HPTRP were to become
effective on March 22, 2010.
As a result of the final rule's pinger requirements, NMFS
anticipates a potentially large volume of pinger orders resulting from
fishermen who, in the past, have not been required to use pingers.
Following the publication of the final rule, members of the gillnet
industry expressed concern over the availability of pingers, and about
the possibility that new gillnet vessels would be unable to complete
their required NMFS pinger authorization training by the March 22,
2010, effective date. These concerns are due to the historic lack of
demand for pingers prior to the publication of the final rule, which
led pinger manufacturers and gear suppliers to retain small quantities
of pingers in stock. Consequently, the present stock level of pingers
may be insufficient to fulfill orders for large quantities of pingers
in time for delivery by March 22, 2010, and therefore fishermen may not
receive or be able to properly install their pingers until after the
March 22 effective date has passed.
Moreover, new gillnet vessels that fish within HPTRP Management
Areas with seasonal pinger requirements must complete pinger
authorization training provided by NMFS prior to conducting gillnet
activities in these areas. Due to the anticipated volume of new gillnet
fishermen requiring pinger authorizations, fishermen may not receive
their pinger authorization training until after the pinger requirements
become effective.
Thus, were the pinger requirement to go into effect on March 22,
2010, the result may be a significant number of fishermen being out of
compliance with the new rules, but who simultaneously are unable to
achieve compliance due to the limited quantity of pingers from the
manufacturers.
Delay of New Seasonal Pinger Requirements in New England
Accordingly, NMFS is delaying, until September 15, 2010, the
effective date of new seasonal pinger requirements within the
Stellwagen Bank and Southern New England Management Areas (50 CFR
229.33(a)(4) and 50 CFR 229.33(a)(5), respectively).
Since publication of the final rule, NMFS has monitored the
availability of pingers and progress made on the pinger authorization
training. Based on its findings, NMFS has determined that additional
time to purchase and incorporate pingers onto gillnet gear, and for
gillnet vessel operators to receive the required pinger authorization
training, is warranted. This final rule extends the effective date for
new seasonal pinger requirements within the Stellwagen Bank and
Southern New England Management Areas to September 15, 2010, to provide
additional time for fishermen to comply with these conservation
measures.
This action is warranted given the lack of availability of pingers
for purchase, the present high demand for pinger purchases, and the
additional time needed for new gillnet vessels to complete the required
NMFS pinger authorization training. NMFS has chosen September 15, 2010,
as the revised effective date for the new pinger requirements to
coincide with the first full HPTRP management season in New England
after publication of the final rule. Therefore, after this date,
seasonal pinger requirements will be in effect for all New England
HPTRP management areas.
All other HPTRP amendments will become effective on March 22, 2010,
as described in the final rule amending the HPTRP (75 FR 7383; February
19, 2010).
Classification
The Regional Administrator (RA), NMFS Northeast Region, has
determined that delaying the effective date of the new seasonal pinger
requirements for New England gillnet fishermen is necessary to minimize
adverse social and economic impacts, and to allow time for new
fishermen to become compliant with the modified HPTRP regulations.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and does not contain a collection of
information requirements subject to the Paperwork Reduction Act (PRA).
An Environmental Assessment (EA) describing the impacts to the
environment that would result from the implementation of the February
19,
[[Page 12700]]
2010, final rule amending the HPTRP (75 FR 7383) was prepared. The EA
concluded that the action to amend the HPTRP was anticipated to have no
significant effect on the quality of the human environment. A
supplement to the EA has been prepared for this action, describing the
effects to the environment of delaying the new pinger requirements in
New England. The supplement concludes that the delay does not change
the determination of the EA.
Pursuant to 5 U.S.C. 553(b)(B), NMFS finds good cause to waive
prior notice and opportunity for public comment on this action as
notice and comment would be impracticable and contrary to the public
interest due to the time constraints in implementing this final rule
prior to the original March 22, 2010 effective date. This final rule
merely delays the effective date of the seasonal pinger requirements
within two new HPTRP management areas in New England; all other new
measures will become effective on March 22, 2010.
Delaying the effective date of the pinger requirement for these two
areas is necessary in order to allow manufacturers of pingers to obtain
stock levels sufficient to meet the new demand for pingers.
Additionally, the delay is necessary to provide affected gillnet vessel
owners and operators sufficient time to come into compliance with the
HPTRP requirements by ordering and purchasing pingers, and receiving
NMFS pinger authorization training prior to fishing within a HPTRP
management area in which pingers are required. Without this extension,
many affected gillnet owners and operators would, due to the
unavailability of pingers in the large quantities being requested, be
out of compliance with this rule the day after it becomes effective.
Moreover, if NMFS allowed for a notice and comment period, the
effective date of the original February 19, 2010 rule would come into
effect, thereby defeating the purpose of this rule to delay that
effective date in order to allow the affected parties to come into
compliance with the rule. For these reasons, NMFS believes it is in the
public interest to extend the effective date of these management areas
until the first full HPTRP management season in New England following
the initial February 19, 2010 publication of the final rule modifying
the HPTRP. This season begins in the fall of 2010.
Additionally, pursuant to 5 U.S.C. 553(d)(3), NMFS finds good cause
to waive the 30-day delay in effective date of this final rule. This
delay is necessary because, if this rule's effectiveness were delayed
an additional thirty days, the original effective date of the February
19, 2010 final rule would gain effect, affected fishermen would be out
of compliance due to the lack of pingers, and the purpose of this rule
would be defeated.
This final rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
NMFS conducted a section 7 consultation pursuant to the Endangered
Species Act (ESA) on the final rule to amend the HPTRP, which was
completed on November 19, 2008. The consultation concluded that the
action would not have effects on listed species that were not
previously considered during the informal consultation conducted on the
initial HPTRP (concluded on November 12, 1998); as such, a consultation
was not reinitiated. Therefore, delaying the effective date of new
pinger requirements in New England through this final rule does not
change this conclusion.
This final rule does not change the determination for the February
19, 2010, final rule (75 FR 7383) that the HPTRP will be implemented in
a manner that is consistent to the maximum extent practicable with the
approved coastal zone management programs of the U.S. Atlantic coastal
states.
This final rule does not contain policies with federalism
implications sufficient to warrant preparation of a federalism
assessment under Executive Order 13132.
Dated: March 10, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-5701 Filed 3-16-10; 8:45 am]
BILLING CODE 3510-22-S
