67 FR 50835, August 6, Measures Also Constrain Flatfish Fisheries Or Internet

Federal Register / Vol. 67, No. 178 / Friday, September 13, 2002 / Rules and Regulations 57973 Regulatory Flexibility Act 50 CFR Part 224 including any outstanding minimization Administrative practice and and mitigation requirements; and Pursuant to the Regulatory Flexibility (iii) The proposed transferee has Act, at the proposed rule stage the Chief procedure, Endangered and threatened species, Exports, Imports, Reporting and provided such other information as Counsel for Regulation of the NMFS determines is relevant to process Department of Commerce certified to recordkeeping requirements, Transportation. the transfer. the Chief Counsel for Advocacy of the * * * * * Small Business Administration that this Dated: September 9, 2002. [FR Doc. 02–23397 Filed 9–12–02; 8:45 am] rule would not have a significant William T. Hogarth, BILLING CODE 3510–22–S economic impact on a substantial Assistant Administrator for Fisheries number of small entities, since the rule National Marine Fisheries Service. would reduce costs associated with For the reasons set out in the DEPARTMENT OF COMMERCE transfers of land subject to ESA section preamble, 50 CFR part 222 is amended 10 permits. No comments were received as follows: National Oceanic and Atmospheric regarding the economic impacts of this Administration rule on small entities. PART 222—GENERAL ENDANGERED AND THREATENED MARINE SPECIES 50 CFR Parts 600 and Part 660 Paperwork Reduction Act 1. The authority citation for part 222 [Docket No. 020904208–2208–01; This final rule contains a collection- continues to read as follows: I.D.082702B] of-information requirement subject to Authority: Authority: 16 U.S.C. 1531 et RIN 0648–AP85 the Paperwork Reduction Act (PRA) and seq.; 16 U.S.C. 742a et seq.; 31 U.S.C. 9701. which has been approved by OMB Section 222.403 also issued under 16 U.S.C. Magnuson-Stevens Act Provisions; under control number 0648–0230. 1361 et seq. Fisheries off West Coast States and in Public reporting burden for this 2. In § 222.305, paragraph (a)(1) is the Western Pacific; Pacific Coast collection of information is estimated to revised and paragraph (a)(3) is added to Groundfish Fishery; Groundfish average 40 hours per response, read as follows: Fishery Management Measures including the time for reviewing instructions, searching existing data § 222.305 Rights of succession and AGENCY: National Marine Fisheries sources, gathering and maintaining the transfer of permits. Service (NMFS), National Oceanic and data needed, and completing and (a)(1) Except as otherwise provided in Atmospheric Administration (NOAA), reviewing the collection of information. this section, permits issued pursuant to Commerce. Send comments regarding this burden parts 222, 223, and 224 of this chapter ACTION: Emergency rule to set depth- estimate, or any other aspect of this data are not transferable or assignable. In the based management measures for collection, including suggestions for event that a permit authorizes certain September-December 2002; request for reducing the burden, to NMFS (see business activities in connection with a comments. ADDRESSES) and to OMB at the Office of business or commercial enterprise, SUMMARY: Information and Regulatory Affairs, which is then subject to any subsequent This emergency rule sets new Office of Management and Budget, lease, sale or transfer, the successor to depth-based management measures that Washington, DC. 20503 (Attention: that enterprise must obtain a permit create a darkblotched rockfish conservation area (DBCA). The DBCA NOAA Desk Officer).’’ prior to continuing the permitted activity, with the exceptions provided will limit the incidental catch of Notwithstanding any other provision in paragraphs (a)(2) and (a)(3) of this darkblotched rockfish, an overfished of the law, no person is required to section. species, while allowing the limited respond to, nor shall any person be entry trawl fishery access to healthy subject to a penalty for failure to comply * * * * * (3) Incidental take permits issued deepwater groundfish stocks (e.g., Dover with, a collection of information subject sole, thornyhead, sablefish) and to the requirements of the PRA, unless under § 222.307, and enhancement permits issued under § 222.308, as part nearshore flatfish species (e.g., Dover that collection of information displays a sole (seasonally), petrale sole, currently valid OMB Control Number. of a Safe Harbor Agreement with Assurances or Candidate Conservation arrowtooth flounder, English sole) Executive Order 13132 - Federalism Agreement with Assurances, may be outside the DBCA. This action is transferred in whole or in part through intended to allow the fisheries to access This action has been determined to a joint submission by the permittee and the optimum yields (OYs) of healthy have no federalism impacts, as that term the proposed transferee, or in the case groundfish stocks while protecting is defined in Executive Order 13132. of a deceased permittee, the deceased overfished darkblotched rockfish. DATES: Effective September 10, 2002, List of Subjects permittee’s legal representative and the proposed transferee, provided NMFS through March 12, 2003. Comments 50 CFR Part 222 determines in writing that: must be received no later than 5 p.m, (i) The proposed transferee meets all local time (l.t.,) on October 15, 2002. Administrative practice and of the qualifications under parts 222, ADDRESSES: Send comments to D. Robert procedure, Endangered and threatened 223, or 224 (as applicable) for holding Lohn, Administrator, Northwest Region species, Exports, Imports, Reporting and a permit; (Regional Administrator), NMFS, 7600 recordkeeping requirements, (ii) The proposed transferee has Sand Point Way N.E., Bldg. 1, Seattle, Transportation. provided adequate written assurances WA 98115–0070, or fax to 206–526– 50 CFR Part 223 that it will provide sufficient funding 6736; or Rodney McInnis, Acting for the conservation plan or other Administrator, Southwest Region, Endangered and threatened species, agreement or plan associated with the NMFS, 501 West Ocean Blvd., Suite Exports, Imports, Marine mammals, permit and will implement the relevant 4200, Long Beach, CA 90802–4213, or Transportation. terms and conditions of the permit, fax to 562–980–4047. Comments will VerDate Sep<04>2002 17:02 Sep 12, 2002 Jkt 197001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\13SER1.SGM 13SER1 57974 Federal Register / Vol. 67, No. 178 / Friday, September 13, 2002 / Rules and Regulations not be accepted if submitted via e-mail 25, 2002, at 67 FR 50835, August 6, measures also constrain flatfish fisheries or Internet. Information relevant to this 2002, and at 67 FR 55166, August, 28, limits during the summer months when emergency rule, which includes an 2002. participation in these fisheries is environmental assessment/regulatory The following changes to groundfish greatest and darkblotched rockfish are impact review (EA/RIR), is available for management measures were most likely to be encountered. Lower public review during business hours at recommended by the Pacific Council, in sablefish and Dover sole OYs in 2002 the offices of the NMFS Northwest consultation with Pacific Coast Treaty are also expected to reduce the Regional Administrator and the NMFS Tribes and the States of Washington, incidental catch of darkblotched Southwest Regional Administrator, or Oregon, and California, at its June 17– rockfish from the amount that was taken may be obtained from the Pacific 21, 2002, meeting in Foster City, CA. in 2001. On May 1, 2002, NMFS took Fishery Management Council (Pacific Pacific Coast groundfish landings will further action to reduce minor slope Council), at 7700 N.E. Ambassador be monitored throughout the year, and rockfish trip limits between 40°10′ N. Place, Portland, OR 97220, phone: 503– further adjustments will be made as lat. and 36° N. lat. for both the trawl and 820–2280. Additional reports referred to necessary to allow achievement of or to fixed gear limited entry fleets. in this document may also be obtained avoid exceeding the 2002 OYs and At the June Pacific Council meeting, from the Pacific Council. allocations. the best available science indicated that landings of darkblotched rockfish in FOR FURTHER INFORMATION CONTACT: Management Measures to Protect 2002 were greater than initially Carrie Nordeen or Yvonne deReynier Darkblotched Rockfish (Northwest Region, NMFS); phone: 206– projected. Coastwide commercial Darkblotched rockfish, an overfished landings through June 8, 2002, were 526–6140; fax: 206–526–6736; e-mail: species, are typically encountered along [email protected],, estimated to be between 73 mt and 98 the central Pacific Coast (Oregon and mt which represents 56 percent to 75 [email protected] or Svein northern California) but may occur Fougner (Southwest Region, NMFS); percent of the darkblotched rockfish 130 along the continental slope from mt landed catch OY (not including phone: 562–980–4000; fax: 562–980– Washington to central California. Both catch in the at-sea whiting sector). As of 4047; and e-mail: adult and juvenile darkblotched June 8, 2002, approximately 30 mt had [email protected]. rockfish are associated with mud and been landed south of 40°10′ 40°10′ N. SUPPLEMENTARY INFORMATION: rock habitats. Adults move to deeper lat. Due to combined coastwide landed water as they increase in size and age; Electronic Access catch and estimated discard, the they are typically observed resting on projected year-end catch of This emergency rule also is mud, near cobble and boulders and do darkblotched rockfish under the current accessibleavailable on the Internet at the not often rise above the ocean floor. trip limit schedule would have Office of the Federal Register’s website Darkblotched rockfish are harvested exceeded the rebuilding OY of 168 mt at http://www.access.gpo/gov/sudocs/ by several sectors of the groundfish by approximately 35–40 mt. To prevent aces/aces140.html. Background fishery and have experienced higher the total harvest from exceeding the information and documents are than expected landings during the first darkblotched rockfish OY, the Pacific available at the NMFS Northwest Region four months of 2002.

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