Rules and Regulations. Final rule; correcting amendment

1,119 words·~5 min read·/register/2006/05/26/06-4895

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BILLING CODE 6712-01-M DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 060327086-6130-02; I.D. 032306A] RIN 0648-AU21 NOAA Information Collection Requirements Under the Paperwork Reduction Act; OMB Control Numbers; Fisheries off West Coast States; Fisheries in the Western Pacific; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment.

SUMMARY: This rule amends the regulations for fisheries in the western Pacific to correct errors that resulted from a recent regulatory reorganization. This action is necessary to remedy incorrect cross-references and administrative titles, and will result in accurately worded regulations. DATES: Effective May 26, 2006. FOR FURTHER INFORMATION CONTACT: Robert Harman, Pacific Islands Region, NMFS, 808 944-2271. SUPPLEMENTARY INFORMATION: NMFS published in the **Federal Register** a final rule that reorganized fishery regulations by creating a new part 665 for the regulations covering fisheries in the western Pacific (71 FR 17985, April 10, 2006).

Regulations for western Pacific fisheries were formerly found in part 660, with west coast regulations. The instructions for implementing that reorganization rule contained several errors. Most important was that the internal cross-references to other sections of the new part 665 still incorrectly referred to sections in old part 660 that no longer existed after the reorganization. Other errors included administrative titles that were not changed during the previous reorganization rule.

This final rule corrects those errors. No substantive changes are being made to the regulations. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA,

(AA)finds good cause to waive prior notice and opportunity for public comment, as such notice and comment would be unnecessary. These procedures are unnecessary because the regulations were subject to notice and comment when originally implemented, and no substantive changes are being made pursuant to this final rule. The only actions currently being taken are to correct errors in cross references created during the reorganization of the western Pacific regulations into a new part, and to correct several administrative titles. Pursuant to 5 U.S.C. 553(d), the 30-day delay in effectiveness does not apply to this rule because it is not a substantive rule. This rule is exempt from review under Executive Order 12866. Dated: May 22, 2006. James W. Balsiger, Acting Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 665 is correctly amended as follows: PART 665—[CORRECTED] 1. The authority citation for part 665 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In part 665, remove all references to “660” every place it appears and replace it with “665”. § 665.41 [Corrected] 3. In § 665.41, paragraph (c), remove “Pacific Area Office” and replace it with“Pacific Islands Regional Office”. 4. In § 665.41, paragraphs (g)(4)(i), and (g)(4)(ii), remove “Regional Director” and replace it with “Regional Administrator”. [FR Doc. E6-8173 Filed 5-25-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045-6045-01; I.D. 052206A] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 ft (18.3 m) LOA Using Pot or Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (18.3 meters (m)) length overall

(LOA)using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 Pacific cod total allowable catch

(TAC)allocated to catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 23, 2006, through 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area

(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006), the adjustment on March 14, 2006 (71 FR 13777, March 17, 2006), the reallocation on March 21, 2006 (71 FR 14825, March 24, 2006), and the reallocation on May 1, 2006 (71 FR 25508, May 1, 2006) allocated a directed fishing allowance for Pacific cod of 2,936 metric tons to catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that the 2006 Pacific cod directed fishing allowance allocated to catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and

(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod by catcher vessels less than 60 ft (18.3 m) LOA using pot or hook-and-line gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 22, 2006. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: May 22, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-4895 Filed 5-23-06; 2:25 pm]

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