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36694 Federal Register / Vol 36694 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations DEPARTMENT OF COMMERCE [email protected], or fax to The final rule defines each (202) 395–7285. management area established to protect National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: EFH and HAPC. The definitions for the Administration Melanie Brown, 907–586–7228 or e-mail habitat conservation areas (HCAs), at [email protected]. HPAs, and HCZs provide the names of 50 CFR Part 679 SUPPLEMENTARY INFORMATION: The the management areas and refer to tables [Docket No. 060223050–6162–02; I.D. groundfish, crab, scallop, and salmon in 50 CFR part 679 for the coordinates 013006I] fisheries in the exclusive economic zone of each area to ensure accurate descriptions. RIN 0648–AT09 (EEZ) off Alaska are managed under their respective FMPs. The North Pacific The final rule adds a definition for Fisheries of the Exclusive Economic Fishery Management Council (Council) ‘‘federally permitted vessel’’ for Zone Off Alaska; Groundfish, Crab, prepared the FMPs under the authority purposes of the fishing restrictions in Salmon, and Scallop Fisheries of the of the Magnuson-Stevens Fishery the HCAs, HPAs, and HCZs and for Bering Sea and Aleutian Islands Conservation and Management Act vessel monitoring systems (VMS). Management Area and Gulf of Alaska (Magnuson-Stevens Act), 16 U.S.C. Federally permitted vessels are those 1801, et seq. Regulations implementing vessels named on either a groundfish AGENCY: National Marine Fisheries the FMPs appear at 50 CFR parts 679 Federal fishing permit (FFP) or a Service (NMFS), National Oceanic and and 680. General regulations governing Federal crab vessel permit (FCVP). Atmospheric Administration (NOAA), U.S. fisheries also appear at 50 CFR part These types of permits were identified Commerce. 600. for this purpose because they are ACTION: Final rule. The Secretary of Commerce approved required for anyone fishing for the FMP amendments for EFH and SUMMARY: NMFS issues a final rule groundfish or crab species in the EEZ, implementing Amendments 78 and 65 HAPC identification and conservation are easily obtained compared to other to the Fishery Management Plan (FMP) on May 3, 2006. types of Federal fishing permits that for Groundfish of the Bering Sea and Background require catch history, and can be easily Aleutian Islands Management Area relinquished and reissued. The ability to Detailed information on the history of (BSAI), Amendments 73 and 65 to the easily relinquish and reissue the EFH requirements in the Magnuson- FMP for Groundfish of the Gulf of groundfish FFPs and FCVPs provides Stevens Act, litigation regarding EFH, Alaska (GOA), Amendments 16 and 12 the fisher the flexibility to choose gear effects on bottom habitat, Council to the FMP for Bering Sea/Aleutian whether to participate in activities that actions, and summary of the EFH and Islands King and Tanner Crabs, require compliance with the EFH and HAPC amendments to Alaska fisheries Amendments 7 and 9 to the FMP for the HAPC restrictions and VMS FMPs implemented by this final rule are Scallop Fishery off Alaska, and requirements. This new definition in the preamble to the proposed rule (71 Amendments 7 and 8 to the FMP for ensures the EFH and HAPC provisions FR 14470, March 22, 2006). Salmon Fisheries in the Exclusive do not apply to vessels named only on Economic Zone off the Coast of Alaska. Regulatory Amendments other types of federal fishing permits. These amendments revise the FMPs by A description of the regulatory The final rule adds a definition of identifying and describing essential fish amendments to implement provisions ‘‘operate a vessel’’ for the purpose of habitat (EFH), designating habitat areas for EFH and HAPC management describing when a VMS is required to be of particular concern (HAPC), and follows. transmitting. A vessel is operating any include measures to minimize to the time it is offloading or processing fish; extent practicable adverse effects on Section 679.2 Definitions is in transit to, from, or between the EFH. This action is necessary to protect The final rule revises the definition of fishing areas; or is fishing or conducting important habitat features to sustain ‘‘authorized fishing gear’’ to add dredge operations in support of fishing. managed fish stocks. gear. This definition is necessary to Section 679.4 Permits DATES: Effective on July 28, 2006. establish restrictions on this gear type in ADDRESSES: Copies of the maps of EFH habitat protection areas (HPAs) and Currently, license limitation permits and HAPC management areas, the habitat conservation zones (HCZs). To (LLPs) are issued for fishing groundfish Environmental Impact Statement (EIS) ensure consistency between the Federal in the GOA with a trawl, non-trawl, or for EFH Identification and Conservation, and State of Alaska (State) regulations both trawl and non-trawl gear the Environmental Assessment/ for the management of the scallop endorsements. The Council Regulatory Impact Review/Initial fishery, the final rule adds a definition recommended that vessels named on an Regulatory Flexibility Analysis (EA/ for dredge that is the same as the State’s LLP with a trawl endorsement be RIR/IRFA) for HAPC and the Final definition at 5 Alaska Administrative allowed to use non-trawl gear to fish for Regulatory Flexibility Analysis (FRFA) Code 39.105(16). slope rockfish within the Gulf of Alaska for this action may be obtained from To identify groups of gear for the Slope Habitat Conservation Areas NMFS, Alaska Region, Attn: Ellen purposes of EFH and HAPC (GOASHCAs). The final rule revises Walsh, Records Officer, P.O. Box 21668, management measures, the categories of paragraph (k)(3)(iv)(A) to allow vessels Juneau, AK 99802, or from the Alaska bottom contact gear and mobile bottom named on an LLP with a trawl Region NMFS Web site at http:// contact gear are added to the authorized endorsement to use non-trawl gear to www.fakr.noaa.gov. fishing gear definition. The definition fish for slope rockfish within the Written comments regarding the for bottom contact gear lists dredge, GOASHCAs. This revision provides burden-hour estimates or other aspects hook-and-line, nonpelagic trawl, some accommodation to vessels named of the collection-of-information dinglebar, and pot gears. The definition on an LLP endorsed only for trawl gear, requirements contained in this final rule for mobile bottom contact gear lists if the operator is willing to use non- may be submitted to NMFS, Alaska dredge, nonpelagic trawl, and dinglebar trawl gear to fish for slope rockfish Region, and by e-mail to gears. within the GOASHCA. VerDate Aug<31>2005 15:04 Jun 27, 2006 Jkt 208001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1 mstockstill on PROD1PC61 with RULES Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations 36695 Section 679.7 Prohibitions Habitat Protection Areas (GOACHPAs), Tables to 50 CFR Part 679 The current pelagic trawl performance GOASHCAs, and ASHPAs, respectively. The final rule adds six new tables to standard does not apply to the Portions of the ASHPAs occur in both 50 CFR part 679 to identify and describe Community Development Quota (CDQ) the BSAI and GOA. Therefore, the the EFH and HAPC management areas pollock fishery. To ensure all directed closures for these HPAs are addressed that are defined in § 679.2 and closed to fishing for pollock follows the under both management areas. Each certain gear types in § 679.22 or performance standard at § 679.7(a)(14), new paragraph refers to the respective anchoring under § 679.7. Each table lists new table in 50 CFR part 679 that the final rule revises the prohibition to the individual sites by name and contains the coordinates for that make it applicable to all pollock number within each management area management area. The final rule directed fisheries. Background on the and provides the coordinates needed to prohibits fishing with bottom contact CDQ pollock fishery and the trawl locate the boundaries of each site. These gear by federally permitted vessels in performance standard is detailed in the tables are necessary to ensure that the the HPAs. It also prohibits fishing with proposed rule (71 FR 14470, March 22, fishery participants and State and nonpelagic trawl gear in the HCAs and 2006). Federal enforcement staff are able to fishing in the HCZ with mobile bottom To ensure all directed fishing for identify those areas that are restricted to contact gear. pollock is conducted using pelagic trawl fishing activities. gear that meets the performance Section 679.24 Gear Limitations Comments and Responses standard at § 679.7(a)(14), the final rule Existing gear limitations prohibit the revises this prohibition to delete the NMFS received 11 comment letters on use of nonpelagic trawl gear for the the proposed rule that contained 19 word ‘‘non-CDQ,’’ thereby making the directed fishing of non-CDQ pollock in prohibition applicable to all pollock separate comments. The following the BSAI. Directed fishing for CDQ summarizes and responds to these directed fisheries. This revision ensures pollock was not included in this that all directed fishing for pollock in comments. prohibition for the same reasons stated Comment 1: The Federal Register the BSAI is conducted with pelagic in the proposed rule (71 FR 14470, notice of the FMP amendments is hard trawl gear in a manner that has less March 22, 2006) for the trawl to understand and should be rewritten potential impact on bottom habitat. performance standard pursuant to and published. The agency is attempting A new paragraph (a)(20) is added to § 679.7(a)(14)(i). To ensure all directed to mislead the public. prohibit the anchoring of any federally fishing for pollock is conducted with Response: The FMP amendments are permitted fishing vessel in an HPA.
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