14862 Federal Register / Vol. 66, No. 50 / Wednesday, March 14, 2001 / Rules and Regulations
Authority: Section 1848 of the Social DEPARTMENT OF COMMERCE environmental consequences of the gray Security Act (42 U.S.C. 1395w–4). whale harvest. (Catalog of Federal Domestic Assistance National Oceanic and Atmospheric NOAA completed a draft EA on Program No. 93.774, Medicare— Administration January 12, 2001 and solicited public Supplementary Medical Insurance Program) comments. NMFS is currently preparing Dated: March 8, 2001. 50 CFR Part 230 a final EA. NOAA set the 2000 quota at Brian P. Burns, [Docket No. 001120325-1053-02, I.D. zero (65 FR 75186) and is now setting Deputy Assistant Secretary for Information 122800B] the 2001 quota at zero pending Resources Management. completion of the NEPA analysis. RIN 0648-AO77 [FR Doc. 01–6310 Filed 3–13–01; 8:45 am] Dated: March 5, 2001. BILLING CODE 4120–01–P Whaling Provisions: Aboriginal William T. Hogarth, Subsistence Whaling Quotas Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service. AGENCY: National Marine Fisheries [FR Doc. 01–6350 Filed 3–13–01; 8:45 am] FEDERAL COMMUNICATIONS Service (NMFS), National Oceanic and BILLING CODE 3510–22–S COMMISSION Atmospheric Administration (NOAA), Commerce. 47 CFR Part 73 ACTION: Aboriginal subsistence whaling DEPARTMENT OF COMMERCE quota. [DA 01–333; MM Docket No. 98–112, RM– National Oceanic and Atmospheric 9027, RM–9268, RM–9384] SUMMARY: NMFS announces the 2001 Administration aboriginal subsistence whaling quota for Radio Broadcasting Services; gray whales. For 2001, the quota is zero 50 CFR Part 622 Anniston and Ashland, AL, and gray whales landed, but may be revised College Park, GA later in the year. This quota governs the [Docket No. 000913257–0257–01; I.D. harvest of gray whales by members of 081800D] AGENCY: Federal Communications the Makah Indian Tribe (Tribe). Commission. RIN 0648–AO52 DATES: Effective March 14, 2001. ACTION: Final rule; denial of petition for ADDRESSES: Fisheries of the Caribbean, Gulf of reconsideration. Office of Protected Resources, National Marine Fisheries Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; SUMMARY: This document denies a Service, 1315 East West Highway, Silver Prohibition of Trap Gear in the Royal Petition for Reconsideration filed by Spring, MD 20910. Red Shrimp Fishery in the Gulf of Preston Small directed to the Report FOR FURTHER INFORMATION CONTACT: Mexico and Order in this proceeding which Cathy Campbell, (202) 482–2652. substituted Channel 263C3 for Channel SUPPLEMENTARY INFORMATION: Aboriginal AGENCY: National Marine Fisheries 263C at Anniston, Alabama, allotted subsistence whaling in the United States Service (NMFS), National Oceanic and Channel 264A to Ashland, Alabama, is governed by the Whaling Convention Atmospheric Administration (NOAA), reallotted Channel 263C3 to College Act (16 U.S.C. 916 et seq.) and rules at Commerce. Park, Georgia, and modified the license 50 CFR part 230. The rules requires the ACTION: Emergency interim rule; of Station WHMA to specify operation Secretary of Commerce to publish, at extension of expiration date. on Channel 263C3 at College Park. See least annually, aboriginal subsistence 65 FR 31498, May 18, 2000. whaling quotas and any other SUMMARY: An emergency interim rule FOR FURTHER INFORMATION CONTACT: limitations on aboriginal subsistence that prohibits the use of trap gear in the Robert Hayne, Mass Media Bureau, whaling deriving from regulations of the royal red shrimp fishery within the (202) 418–2177. International Whaling Commission exclusive economic zone (EEZ) of the Gulf of Mexico is in effect through SUPPLEMENTARY INFORMATION: (IWC). This is a March 18, 2001. NMFS extends that synopsis of the Commission’s At the 1997 Annual Meeting of the IWC, the Commission set quotas for emergency interim rule for an additional Memorandum Opinion and Order in 180 days. The intended effect is to MM Docket No. 98–112, adopted aboriginal subsistence use of gray whales from the Eastern stock in the prevent gear conflict and overfishing in February 7, 2001, and released February the royal red shrimp fishery. 9, 2001. The full text of this decision is North Pacific. This action by the IWC DATES: The expiration date for the available for inspection and copying thus authorized aboriginal subsistence emergency interim rule published at 65 during normal business hours in the whaling by the Tribe for gray whales, FR 56500, September 19, 2000, is FCC Reference Information Center at and is discussed in greater detail in the extended from March 18, 2001, through Portals ll, CY–A257, 445 12th Street, Federal Register notification (64 FR September 14, 2001. SW., Washington, DC. The complete 28413, May 26, 1999). text of this decision may also be On June 9, 2000, the United States ADDRESSES: Copies of documents purchased from the Commission’s copy Court of Appeals for the Ninth Circuit supporting this action, such as the contractor, International Transcription ruled that the Department of economic analysis and environmental Service, Inc., (202) 857–3805, 1231 M Commerce’s environmental assessment assessment, may be obtained from, the Street, NW., Washington, DC 20036. (EA) under the National Environmental Southeast Regional Office, NMFS, 9721 Policy Act (NEPA) should have been Executive Center Drive N., St. Federal Communications Commission. completed before agreeing to request a Petersburg, FL 33702, telephone: 727– John A. Karousos, gray whale quota from the IWC. The 570–5325; fax: 727–570–5583. Chief, Allocations Branch, Policy and Rules Court ordered the agency to prepare a Comments on any ambiguity or Division, Mass Media Bureau. new NEPA document under unnecessary complexity arising from the [FR Doc. 01–5829 Filed 3–13–01; 8:45 am] circumstances that would ensure an language used in this emergency interim BILLING CODE 6712–01–P objective evaluation of the rule should be directed to Rod Dalton,
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Southeast Regional Office, NMFS, 9721 interim rule is necessary to prevent gear Because prior notice and an Executive Center Drive N., St. conflict and overfishing in the royal red opportunity for public comment are not Petersburg, FL 33702. shrimp fishery. The AA has also required to be provided for this FOR FURTHER INFORMATION CONTACT: Dr. determined that this rule is consistent emergency interim rule by 5 U.S.C. 553 Steve Branstetter, telephone: 727–570– with the Magnuson-Stevens Act and or any other law, the analytical 5305, fax: 727–570–5583, e-mail: other applicable laws. requirements of the Regulatory [email protected]. This emergency interim rule has been Flexibility Act, 5 U.S.C. 601 et seq., are determined to be not significant for inapplicable. SUPPLEMENTARY INFORMATION: The purposes of E.O. 12866. The President has directed Federal shrimp fishery of the Gulf of Mexico is NMFS prepared an economic agencies to use plain language in their managed under the Fishery communications with the public, Management Plan for the Shrimp evaluation of the regulatory impacts associated with the emergency interim including regulations. To comply with Fishery of the Gulf of Mexico (FMP). this directive, we seek public comment The FMP was prepared by the Gulf of rule that is summarized as follows. Currently, trap gear is not an on any ambiguity or unnecessary Mexico Fishery Management Council complexity arising from the language (Council) and was approved and authorized gear in the royal red shrimp fishery in the Gulf of Mexico. Trap gear used in this emergency interim rule. implemented by NMFS, under the Comments should be sent to the authority of the Magnuson-Stevens is not on the list of authorized fishing gear for this fishery (see 50 CFR Southeast Regional Office (see Fishery Conservation and Management ADDRESSES). Act (Magnuson-Stevens Act), through 600.725) and, therefore, is not allowed. regulations at 50 CFR part 622. However, consistent with the guidelines Dated: March 6, 2001. In response to a request from the contained in 50 CFR 600.725, an William T. Hogarth Council, NMFS published an interim individual fisherman may notify the Acting Assistant Administrator for Fisheries, rule (65 FR 56500, September 19, 2000), Council of the intent to use a gear not National Marine Fisheries Service . under section 305(c)(1) of the on the list. Ninety days after such [FR Doc. 01–6351 Filed 3–13–01; 8:45 am] notification, the individual may use the Magnuson-Stevens Act, that prohibits BILLING CODE 3510–22–S the use of trap gear in the royal red gear unless regulatory action is taken to shrimp fishery within the EEZ of the prohibit the use of such gear. The Gulf of Mexico. This action was, and Council was notified on June 16, 2000, DEPARTMENT OF COMMERCE remains, necessary to prevent gear of an intent to use trap gear in the royal conflict and overfishing in the royal red red fishery. This emergency interim rule National Oceanic and Atmospheric shrimp fishery. is designed to maintain the status quo Administration Under section 305(c)(3)(B) of the in the fishery until such time as the Magnuson-Stevens Act, NMFS may Council can prepare and submit to 50 CFR Part 679 NMFS for review and approval FMP extend the effectiveness of an [Docket No. 010112013-1013-01; I.D. emergency interim rule for one Amendment 11 that would prohibit the 030801B] additional period of 180 days, provided use of trap gear in the royal red shrimp the public has had an opportunity to fishery on a permanent basis. Because Fisheries of the Exclusive Economic comment on the rule and the Council is the emergency interim rule is designed Zone Off Alaska; Pollock by Vessels actively preparing an FMP amendment to maintain the status quo situation Catching Pollock for Processing by the to address the emergency on a where trap gear is not authorized in the Mothership Component in the Bering permanent basis. NMFS solicited royal red shrimp fishery, there are no Sea and Aleutian Islands Management comments on the initial emergency rule; economic consequences to the current Area no public comments were received. The participants in the fishery. Copies of the economic evaluation are AGENCY: National Marine Fisheries Council recently adopted final measures Service (NMFS), National Oceanic and for FMP Amendment 11 that would available (see ADDRESSES). This extension of the interim rule will Atmospheric Administration (NOAA), address gear conflicts in the royal red Commerce. shrimp fishery and overfishing of the help to ensure avoidance of gear conflict ACTION: royal red shrimp resource. If approved and overfishing in the royal red shrimp Closure. fishery until a more permanent and implemented by NMFS, those SUMMARY: NMFS is prohibiting directed measures would replace this emergency regulatory solution can be implemented. fishing for pollock by vessels catching interim rule. The effectiveness of the This extension of the emergency interim pollock for processing by the initial emergency interim rule is being rule does not impose new or additional mothership component in the Steller sea extended because the potential for gear restrictions, rather, it maintains the lion conservation area (SCA) of the conflicts and overfishing remain, and status quo condition regarding Bering Sea and Aleutian Islands action to address these issues through allowable gear in the royal red shrimp management area (BSAI). This action is Amendment 11 cannot be taken by fishery (i.e., trap gear is not allowed). necessary because the A season limit of March 18, 2001. Accordingly, under authority set forth at pollock total allowable catch (TAC) Additional details concerning the 5 U.S.C. 553(b)(B), the AA finds that specified to the mothership component basis for emergency action to prohibit these reasons constitute good cause to for harvest within the SCA has been the use of trap gear in the royal red waive the requirement to provide prior reached. shrimp fishery are contained in the notice and the opportunity for prior DATES: preamble to the initial emergency public comment, as such procedures Effective 1200 hrs, Alaska local interim rule and are not repeated here. would be contrary to the public interest. time (A.l.t.), March 9, 2001, until 1200 For these same reasons, under 5 U.S.C. hrs, A.l.t., April 1, 2001. Classification 553(d)(3), the AA finds for good cause FOR FURTHER INFORMATION CONTACT: The Assistant Administrator for that a delay in the effective date of this Andrew Smoker, 907–586–7228. Fisheries, NOAA (AA), has determined emergency interim rule would be SUPPLEMENTARY INFORMATION: NMFS that the extension of this emergency contrary to the public interest. manages the groundfish fishery in the
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