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Federal Register/Vol. 71, No. 55/Wednesday, March 22, 2006

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Federal Register/Vol. 71, No. 55/Wednesday, March 22, 2006 14470 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules limits and DAS for the SFMA that is (i) Category A, C, and G vessels. designating habitat areas of particular based on the distribution of monkfish Category A, C, and G vessels fishing concern (HAPCs), and including landings and DAS used by limited under the monkfish DAS program in the measures to minimize to the extent access vessels. The proposed trip limits SFMA may land up to 550 lb (249 kg) practicable adverse effects on EFH. This of 550 lb (249 kg) per DAS for limited tail weight or 1,826 lb (828 kg) whole action is necessary to update the access Category A, C, and G vessels, and weight of monkfish per monkfish DAS descriptions of EFH in the FMPs based 450 lb (204 kg) per DAS for limited (or any prorated combination of tail- on the best available scientific access Category B, D, and H vessels, and weight and whole weight based on the information and to protect those areas the calculated DAS limitation of 12 conversion factor for tail weight to that have important habitat features for monkfish DAS that would be applicable whole weight of 3.32), unless modified the sustainability of managed fish to limited access monkfish vessels pursuant to § 648.96(b)(2)(ii). stocks. fishing in the SFMA are the result if the (ii) Category B and D vessels. Category DATES: Written comments must be application of this formula. B, D, and H vessels fishing under the received by May 8, 2006. This proposed rule does not monkfish DAS program in the SFMA ADDRESSES: Send comments to Sue duplicate, overlap or conflict with other may land up to 450 lb (204 kg) tail Salveson, Assistant Regional Federal rules, and does not contain new weight or 1,494 lb (678 kg) whole Administrator, Sustainable Fisheries reporting or recordkeeping weight of monkfish per monkfish DAS Division, Alaska Region, NMFS, Attn: requirements. (or any prorated combination of tail- Records Officer. Comments may be A copy of this analysis is available weight and whole weight based on the submitted by: from the NEFMC (see ADDRESSES). conversion factor for tail weight to • Mail: P.O. Box 21668, Juneau, AK whole weight of 3.32), unless modified List of Subjects in 50 CFR Part 648 99802. pursuant to § 648.96(b)(2)(ii). • Hand delivery: 709 West 9th Street, Fisheries, Fishing, Reporting and * * * * * Room 420A, Juneau, AK. recordkeeping requirements. [FR Doc. E6–4158 Filed 3–21–06; 8:45 am] • Fax: 907–586–7557. • Dated: March 16, 2006. BILLING CODE 3510–22–S E-mail: EFH-HAPC-PR-0648- James W. Balsiger, [email protected]. Include in the subject Acting Deputy Assistant Administrator for line the following document identifier: Regulatory Programs, National Marine DEPARTMENT OF COMMERCE EFH–HAPC PR. E-mail comments, with Fisheries Service. or without attachments, are limited to 5 For the reasons set out in the National Oceanic and Atmospheric megabytes. • preamble, 50 CFR part 648 is proposed Administration Webform at the Federal to be amended as follows: eRulemaking Portal: http:// 50 CFR Part 679 www.regulations.gov. Follow the PART 648—FISHERIES OF THE [Docket No. 060223050–6050–01; I.D. instructions at that site for submitting NORTHEASTERN UNITED STATES 013006I] comments. Copies of the maps of EFH and HAPC 1. The authority citation for part 648 RIN 0648–AT09 management areas, the Environmental continues to read as follows: Impact Statement (EIS) for EFH, and the Fisheries of the Exclusive Economic Authority: 16 U.S.C. 1801 et seq. Environmental Assessment/Regulatory Zone Off Alaska; Groundfish, Crab, Impact Review/Initial Regulatory 2. In § 648.92, paragraph (b)(1)(ii) is Salmon, and Scallop Fisheries of the Flexibility Analysis (EA/RIR/IRFA) for added to read as follows: Bering Sea and Aleutian Islands HAPCs may be obtained from the Management Area and Gulf of Alaska § 648.92 Effort-control program for addresses stated above or from the monkfish limited access vessels. AGENCY: National Marine Fisheries Alaska Region NMFS Web site at * * * * * Service (NMFS), National Oceanic and http://www.fakr.noaa.gov. (b) * * * Atmospheric Administration (NOAA), Written comments regarding the (1) * * * Commerce. burden-hour estimates or other aspects of the collection-of-information (ii) FY 2006 DAS restrictions for ACTION: Proposed rule; request for requirements contained in this proposed vessels fishing in the SFMA. For the comments. 2006 fishing year, limited access rule may be submitted to NMFS, Alaska monkfish vessels are restricted to SUMMARY: NMFS issues a proposed rule Region, and to the Office of that would implement Amendments 78 Management and Budget by e-mail to utilizing only 12 of their 40 monkfish _ DAS allocation in the SFMA. If a vessel and 65 to the Fishery Management Plan David [email protected], or fax to does not possess a valid letter of (FMP) for Groundfish of the Bering Sea 202–395–7285. authorization from the Regional and Aleutian Islands Management Area FOR FURTHER INFORMATION CONTACT: Administrator to fish in the NFMA as (BSAI), Amendments 73 and 65 to the Melanie Brown, 907–586–7228 or e-mail described in § 648.94(f), NMFS will FMP for Groundfish of the Gulf of at [email protected]. presume that any monkfish DAS used Alaska (GOA), Amendments 16 and 12 SUPPLEMENTARY INFORMATION: The was fished in the SFMA. to the FMP for Bering Sea/Aleutian groundfish, crab, scallop, and salmon * * * * * Islands King and Tanner Crabs, fisheries in the exclusive economic zone 3. In § 648.94, paragraphs (b)(2)(i) and Amendments 7 and 9 to the FMP for the (EEZ) off Alaska are managed under (ii) are revised to read as follows: Scallop Fishery Off Alaska, and their respective FMPs. The North Pacific Amendments 7 and 8 to the FMP for Fishery Management Council (Council) § 648.94 Monkfish possession and landing Salmon Fisheries in the Exclusive prepared the FMPs under the authority restrictions. Economic Zone off the Coast of Alaska. of the Magnuson-Stevens Act, 16 U.S.C. * * * * * These amendments, if approved, would 1801, et seq. Regulations implementing (b) * * * revise the FMPs by identifying and the FMPs appear at 50 CFR parts 679 (2) * * * describing essential fish habitat (EFH), and 680. General regulations governing VerDate Aug<31>2005 14:33 Mar 21, 2006 Jkt 208001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\22MRP1.SGM 22MRP1 cprice-sewell on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules 14471 U.S. fisheries also appear at 50 CFR part approved by August 13, 2006. The final adoption of new management measures, 600. EFH EIS was filed with the U.S. as proposed under this action, resulted The Council has submitted the Environmental Protection Agency on from this public process, including amendments for EFH and HAPC April 25, 2005, and a notice of consideration of the best available provisions for review by the Secretary of availability was published on May 6, science. A detailed description of the Commerce, and a Notice of Availability 2005, (70 FR 24037). The Record of process for developing the EFH of the amendments was published in the Decision was approved on August 8, alternatives is in section 2.2.3 of the EIS Federal Register on February 6, 2006 2005. The joint stipulation and court (see ADDRESSES). Details of the HAPC (71 FR 6031), with comments on the order also require NMFS and the selection process are in Appendix B of amendments invited through April 7, Council to consider the identification of the EA/RIR/IRFA for HAPC (see 2006. Comments may address the FMP specific HAPCs and associated ADDRESSES). amendments, the proposed rule, or both, management measures, with any Several gear types used in the Alaska but must be received by April 7, 2006, regulations promulgated by August 13, fisheries have been identified as likely to be considered in the approval/ 2006. to disturb bottom habitat (although not disapproval decision on the FMP The Council adopted the new EFH at a level that was determined to be amendments. All comments received by and HAPC amendments in February more than minimal) and would be that time, whether specifically directed 2005 and provided further restricted by this action to protect EFH to the FMP amendments or to the recommendations in June 2005. If and HAPCs. These gear types include proposed rule, will be considered in the approved by NMFS, these amendments pot, hook-and-line, dredge, dinglebar approval/disapproval decision on the would revise the FMPs by updating the troll, and nonpelagic trawl gears. FMP amendments. description and identification of EFH, Detailed descriptions of fishing gear and changing the identification of HAPCs, the impacts on bottom habitat are in the Background and authorizing protection measures for EFH EIS and in the EA/RIR/IRFA for Section 303(a)(7) of the Magnuson- EFH and HAPCs. Councils must act to HAPCs (see ADDRESSES). Stevens Act requires that each FMP prevent, mitigate, or minimize any Dinglebar troll gear is used in the describe and identify EFH, minimize to adverse effects from fishing, to the State of Alaska lingcod troll fishery in the extent practicable the adverse effects extent practicable, if evidence suggests the GOA. Dinglebar troll gear consists of of fishing on EFH, and identify other that a fishing activity adversely affects a single line that is retrieved and set measures to promote the conservation EFH in a manner that is more than with a power or hand-troll gurdy, with and enhancement of EFH. The Council minimal and not temporary in nature.
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