[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Rules and Regulations]
[Pages 25094-25095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4029]



[[Page 25094]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060209031-6092-02; I.D. 020606C]
RIN 0648-AU09


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Emergency Secretarial Action; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; emergency interim final rule; correction.

-----------------------------------------------------------------------

SUMMARY: On April 13, 2006, an interim final rule to implement an 
emergency action for the Northeast (NE) Multispecies Fishery Management 
Plan (FMP) was published in the Federal Register. The interim final 
rule was published with several inadvertent errors and unclear 
language, including the omission of the observer notice requirement for 
vessels participating in the U.S./Canada Management Area, language in 
the regulations defining how monkfish-only days-at-sea (DAS) are 
calculated, an inaccurate description regarding the example of how NE 
multispecies Category A DAS will be calculated for Day gillnet vessels, 
and incorrect trip limits for white hake. This document corrects these 
errors and clarifies the unclear language.

DATES: Effective May 1, 2006.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy 
Analyst, (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    On April 13, 2006 (71 FR 19348, FR Doc. 06-3504), an interim final 
rule was published that implemented emergency management measures, 
authorized by section 305(c) of the Magnuson-Stevens Fishery 
Conservation and Management Act, that are intended to immediately 
reduce fishing mortality on specific groundfish stocks beginning May 1, 
2006, in order to maintain the rebuilding programs established under 
Amendment 13 to the FMP. However, the interim final rule included 
several inadvertent errors and some unclear language in both the 
preamble and the regulatory text that need to be corrected or 
clarified. The errors and unclear language were incorrect examples of 
how monkfish-only DAS are calculated when a vessel issued both a 
limited access NE multispecies DAS and a monkfish permit is subject to 
differential DAS counting, an inaccurate description regarding the 
examples of how NE multispecies Category A DAS will be calculated for 
Day gillnet vessels, omission of the observer notice requirement for 
vessels participating in the U.S./Canada Management Area, and 
inaccurate white hake trip limits in the regulatory text that differed 
from the preamble text. This notice corrects these errors and clarifies 
the unclear language, as described below.

Correction

    Accordingly, the interim final rule, published on April 13, 2006, 
at 71 FR 19348, to be effective May 1, 2006, is corrected as follows:
    1. On page 19350, in column 1, in the first full paragraph, line 
20, correct ``or'' to read ``and''. On line 23, correct ``10'' to read 
``20''. On line 24, correct ``14'' to read ``28''. Finally, on line 25, 
correct ``10'' to read ``20''.
    2. On page 19350, in column 2, line 27, correct the number ``0.57'' 
to read ``0.80'' and correct the number ``2'' to read ``2.8''.
    3. On page 19351, in column 3, line 15 and 16, remove the phrase 
'', unless otherwise specified below;''. On line 27, insert the phrase 
``and using gear other than trawl gear'' after the word ``program''.


Sec.  648.82  [Corrected]

0
4. On page 19376, in column 2, under amendatory instruction 7, lines 4 
and 5, remove the phrase ``(d)(5) through (7),''. On line 5, correct 
``(l)(2)(viii)'' to read ``(l)(1)(viii)''.


Sec.  648.82  [Corrected]

0
5. On page 19378, in column 1, in Sec.  648.82, paragraph (s)(1)(iii) 
is corrected to read ``(iii) Method of counting DAS. Unless electing to 
fish in the Regular B DAS Program specified in Sec.  648.85(b)(10), and 
therefore subject to the DAS accrual provisions of paragraph (n)(3) of 
this section, or fishing under a Category A DAS exclusively within the 
U.S./Canada Management Area specified at Sec.  648.85(a)(1), a Day 
gillnet vessel fishing with gillnet gear under a NE multispecies 
Category A DAS shall accrue 15 hours of DAS for each trip of more than 
3 hours, but less than or equal to 11 hours. For a trip less than or 
equal to 3 hours, or more than 11 hours, the ratio of Category A DAS 
used to time called into the DAS program will be 1.4 to 1.0. A Day 
gillnet vessel fishing exclusively within the U.S./Canada Management 
Area shall accrue 15 hours of DAS for each trip of more than 3 hours, 
but less than or equal to 15 hours. For a trip less than or equal to 3 
hours, or more than 15 hours, the ratio of Category A DAS used to time 
called into the DAS program will be 1.0 to 1.0.''


Sec.  648.85  [Corrected]

0
6. On page 19382, in column 2, Sec.  648.85, after the first full 
pragraph, add paragraph (a)(3)(viii)(C) to read:
    `` (C) For the purposes of selecting vessels for observer 
deployment, a vessel fishing in either of the U.S./Canada Management 
Areas specified in paragraph (a)(1) of this section must provide notice 
to NMFS of the vessel name; contact name for coordination of observer 
deployment; telephone number for contact; and the date, time, and port 
of departure, at least 72 hours prior to the beginning of any trip that 
it declares into the U.S./Canada Management Area as required under this 
paragraph (a)(3)(viii). ''


Sec.  648.85  [Corrected]

0
7. On page 19384, in column 3, in Sec.  648.85, paragraph 
(b)(10)(iv)(D), the last sentence beginning on line 14 is corrected to 
read, ``If fishing with trawl gear, possession of monkfish (whole 
weight) and skates is limited to 500 lb (227 kg) per trip each and 
possession of lobsters is prohibited. For vessels fishing with gear 
other than trawl gear, possession of monkfish is restricted by the 
regulations at Sec.  648.94(b)(7).''


Sec.  648.86  [Corrected]

0
8. On page 19385, in column 3, in Sec.  648.86, line 11, correct ``500 
lb (226.8 kg)'' to read ``1,000 lb (453.6 kg)''. On lines 13 and 14, 
correct ``5,000 lb (2,268.1 kg)'' to read ``10,000 lb (4,536 kg)''.


Sec.  648.92  [Corrected]

0
9. On page 19389, in column 1, in Sec.  648.92, paragraph 
(b)(2)(iv)(B), line 16, correct the phrase ``that vessel used'' to read 
``charged at the differential DAS counting rate of 1.4:1 when 
fishing''. On line 28, correct the number ``0.57'' to read ``0.8''. On 
line 29, correct the number ``2'' to read ``2.8'' and the number 
``0.57'' to read ``0.80''. On line 31, correct the number ``28'' to 
read ``27.2''


Sec.  648.92  [Corrected]

0
10. On page 19389 , in column 2, in Sec.  648.92, paragraph 
(b)(2)(iv)(B), line 1, correct the number ``10.57'' to read ``10.80'' 
and correct the number ``0.57'' to read ``0.80''.


[[Page 25095]]


    Dated: April 24, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 06-4029 Filed 4-25-06; 4:10 pm]
BILLING CODE 3510-22-P