        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [Docket No. 150623546-6098-01]
        RIN 0648-BF18
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendments to the Reef Fish, Spiny Lobster, Queen Conch, and Corals and Reef Associated Plants and Invertebrates Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes to implement measures described in Amendment 7 to the Fishery Management Plan (FMP) for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (USVI) (Reef Fish FMP), Amendment 6 to the FMP for the Spiny Lobster Fishery of Puerto Rico and the USVI (Spiny Lobster FMP), Amendment 5 to the FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the USVI (Coral FMP), and Amendment 4 to the FMP for the Queen Conch Resources of Puerto Rico and the USVI (Queen Conch FMP), as prepared by the Caribbean Fishery Management Council (Council). In combination, these amendments represent the Application of Accountability Measures (AM) Amendment (AM Application Amendment). If implemented, the AM Application Amendment would resolve an existing inconsistency between language in the FMPs and the regulations implementing the application of AMs in the U.S. Caribbean exclusive economic zone (EEZ). The purpose of the AM Application Amendment is to ensure the authorizing FMPs are consistent with the regulations governing AMs in the Caribbean EEZ. Additionally, this proposed rule would clarify the AM closure provisions, the application of the spiny lobster ACL in the Puerto Rico management area of the Caribbean EEZ, and the minimum size limit for queen conch in the Caribbean EEZ.

          DATES:
          Written comments must be received on or before March 28, 2016.

          ADDRESSES:
          You may submit comments on the proposed rule identified by “NOAA-NMFS-2015-0124” by any of the following methods:
          • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0124, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to María del Mar López, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

          Electronic copies of the AM Application Amendment, which includes an environmental assessment, a Regulatory Flexibility Act (RFA) analysis, and a regulatory impact review may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/caribbean/index.html.

          FOR FURTHER INFORMATION CONTACT:
          María del Mar López, telephone: 727-824-5305; email: maria.lopez@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        In the Caribbean EEZ, the reef fish, spiny lobster, queen conch, and corals and reef associated plants and invertebrates fisheries are managed under their respective FMPs. The FMPs were prepared by the Council and are implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
        Background

        The final rule implementing Amendment 2 to the Queen Conch FMP and Amendment 5 to the Reef Fish FMP (2010 Caribbean Annual Catch Limit (ACL) Amendment) established ACLs and AMs for species/species groups that were at the time experiencing overfishing (i.e., parrotfish, snapper, grouper, queen conch) (76 FR 82404, December 30, 2011). The final rule implementing Amendment 3 to the Queen Conch FMP, Amendment 6 to the Reef Fish FMP, Amendment 5 to the Spiny Lobster FMP, and Amendment 3 to the Coral FMP (2011 Caribbean ACL Amendment) established ACLs and AMs for the remaining Council-managed species/species groups which were not undergoing overfishing at the time or for which the overfishing status was unknown (e.g., grunts, squirrelfish, jacks) (76 FR 82414, December 30, 2011). As described at § 622.12(a) for reef fish, spiny lobster, and corals and at  § 622.491(b) for queen conch , the current AM regulations in the Caribbean EEZ require NMFS to shorten the length of the fishing season for a species/species group in the year following a determination that the applicable 3-year landings average exceeded the respective ACL, unless NMFS determines that the exceedance is due to enhanced data collection and monitoring efforts. The extent to which fishing seasons are shortened equates to the number of days necessary to remove the overage in pounds and to therefore constrain landings to the ACL. Pursuant to regulations at  §§ 622.12(a) and 622.491(b), any such AM-based closures remain in effect only during the particular fishing year in which they are implemented. However, the AM closure language in the four authorizing FMPs states that any AM-based closure “will remain in effect until modified by the Council,” thereby carrying these closures over from year to year, unless or until the closures are revised by subsequent Council action.
        The AM Application Amendment would correct this inconsistency, between the authorizing FMPs and the regulatory language at  §§ 622.12(a) and  622.491(b),  by revising the applicable text within the four FMPs to be consistent with the language in the regulations. Specifically, the phrase in the four authorizing FMPs that states “The needed changes will remain in effect until modified by the Council,” which describes the duration of AMs, would be removed from the four FMPs. The result of this proposed change would be that under both the authorizing FMPs and AM-based closure regulatory language, any AM-based closure would only apply for the fishing year in which it was implemented. This approach is consistent with the intent of the Council and the regulations used by NMFS to apply AMs in the Caribbean EEZ. As this proposed change would only revise the language in the respective FMPs, no changes to the codified text would result from the AM Application Amendment.
        Additional Proposed Changes to Codified Text Not Part of the AM Application Amendment
        This proposed rule would also revise items in the codified text that are not part of the AM Application Amendment. Specifically, NMFS proposes to clarify the closure provisions when an ACL has been exceeded and an AM is implemented, based on the Council's intent as expressed in the 2010 and 2011 Caribbean ACL Amendments (76 FR 82404, December 30, 2011 and 76 FR 82414, December 30, 2011). NMFS also proposes to clarify the application of the spiny lobster ACL for the Puerto Rico management area of the EEZ to be consistent with the Council's intent expressed in the 2011 ACL Caribbean Amendment and to clarify minimum size requirements for queen conch.

        The 2010 and 2011 Caribbean ACL Amendments established AMs and ACLs and allocated those ACLs among three Caribbean island management areas, i.e., the Puerto Rico, St. Croix, and St. Thomas/St. John management areas of the EEZ, as specified in Appendix E to part 622, except for the ACLs for tilefish and aquarium trade species, which are for the Caribbean EEZ as a whole. The ACLs for species/species groups in the Puerto Rico management area, except for spiny lobster, are further allocated between the commercial and recreational sectors, and AMs apply to each of these sectors separately. Through this rule, NMFS proposes to clarify that the spiny lobster ACL for the Puerto Rico management area is applied as a single ACL for both the commercial and recreational sectors, consistent with the intent of the Council in the 2011 Caribbean ACL Amendment (76 FR 82414, December 30, 2011). The current regulations, as described in § 622.12(a)(1)(i)(R), specify only a commercial ACL for spiny lobster in the Puerto Rico management area. No recreational ACL is specified for spiny lobster in Puerto Rico. The intent of the Council in the 2011 Caribbean ACL Amendment was to manage the spiny lobster commercial and recreational sectors for the Puerto Rico management area under the same ACL, derived from commercial landings. The Council intended that this single ACL would be the AM trigger for both sectors for spiny lobster in the Puerto Rico management area. NMFS proposes to add paragraph § 622.12(a)(1)(iii) to the regulatory text to specify that the spiny lobster ACL applies to both sectors in the Puerto Rico management area. The actual ACL value would not change through this proposed rule.
        The ACLs for species/species groups in the St. Croix and St. Thomas/St. John management areas are not allocated between sectors, and if AMs are triggered they are applied to both the commercial and recreational sector.
        If an AM is triggered by an ACL being exceeded based on the 3-year landings average, and NMFS determines that the exceedance was not due to enhanced data collection and monitoring efforts, NMFS files a notification with the Office of the Federal Register to reduce the length of the following fishing season for the applicable species or species groups that year by the amount necessary, to ensure landings do not again exceed the applicable ACL. The current regulations do not specifically state what restrictions on fishing occur during such a closure.
        NMFS proposes to add § 622.12(b) to the regulatory text to specify that, if AMs are triggered as a result of an ACL overage and NMFS reduces the length of the fishing season for a species or species group, certain closure provisions would apply to species with Caribbean-wide ACLs, Caribbean reef fish species, and Caribbean spiny lobster.
        For Caribbean reef fish species in the Puerto Rico management area, § 622.12(b)(1)(i) through (iii) would be added to specify what restrictions apply during a commercial closure, recreational closure, or a closure of both sectors. In the event that the commercial fishing season is reduced for a species or species group due to a Puerto Rico commercial ACL overage, all harvest or possession of the indicated species or species group in or from the Puerto Rico management area would be limited to the bag and possession limits specified in § 622.437, and the sale or purchase of the indicated species or species group in or from the Puerto Rico management area would be prohibited during the closure. If the recreational fishing season is reduced for a species or species group due to a Puerto Rico recreational ACL overage, the bag and possession limits for the indicated species or species group would be zero during the closure. If both the commercial and recreational sectors for a species or species group in the Puerto Rico management area are closed, such species or species groups may not be harvested, possessed, purchased, or sold and the bag and possession limits for such species or species groups would be zero.

        For Caribbean reef fish species and spiny lobster in the St. Croix and St. Thomas/St. John island management areas, and species or species groups with Caribbean-wide ACLs, § 622.12(b)(2) would be added to specify that, if AMs are triggered as a result of an ACL overage and the fishing season is reduced for a species or species group, such species or species groups in or from the applicable management area of the Caribbean EEZ may not be harvested, possessed, purchased, or sold, and the bag and possession limits for such species in or from the applicable management area of the Caribbean EEZ would be zero.
        For Caribbean spiny lobster in the Puerto Rico management area, § 622.12(b)(1)(iv) would be added to clarify that, if the AM is triggered due to a spiny lobster ACL overage, the commercial and recreational fishing seasons are reduced. During such a closure, spiny lobster in or from the Puerto Rico management area may not be harvested, possessed, purchased, or sold, and the bag and possession limits for spiny lobster in or from the Puerto Rico management area would be zero.
        Additionally, through this proposed rule, NMFS would revise § 622.492(a) to clarify the minimum size limit for a Caribbean queen conch. Currently, § 622.492(a) states that the minimum size limit is “9 inches (22.9 cm) in length, that is, from the tip of the spire to the distal end of the shell, and 3/8 inch (9.5 cm) in lip width at its widest point.” However, this provision goes on to state that “A queen conch with a length of at least 9 inches (22.9 cm) or a lip width of at least 3/8 inch (9.5 mm) is not undersized.” The use of “and” in the first sentence and “or” in the second sentence of this provision has caused confusion among the public about whether both of these measurements are required to meet the minimum size limit for queen conch. Therefore, NMFS proposes to change the “and” to “or” in the first sentence and to remove the second sentence in paragraph (a) of § 622.492. The purpose of this change is to clarify that only one of the measurement descriptions must be met to fulfill the minimum size limit for Caribbean queen conch, consistent with the original intent of the Council in the Queen Conch FMP.
        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator for Fisheries has determined that this proposed rule is consistent with the U.S. Caribbean FMPs, the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if implemented, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows:
        The purpose of this proposed rule is to revise the language within U.S. Caribbean FMPs to make it consistent with current regulations concerning the application of AMs. Because it would produce no regulatory changes, the action would have no economic impact on the estimated 1,037 to 1,185 small businesses in the finfish (NAICS code 114111) and shellfish (NAICS code 114112) fishing industries of the U.S. Caribbean.
        The rule would also include regulatory text to clarify the closure provisions for AMs, how the spiny lobster ACL is applied in the Puerto Rico management area, and the minimum size requirements for queen conch, all unrelated to the amendment. Because those clarifications would not affect current fishing practices, or change the manner in which fisheries in the Caribbean EEZ are regulated, they would not have an economic impact on the above-mentioned small businesses.
        Because this proposed rule, if implemented, would not have a significant direct adverse economic effect on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared.

          List of Subjects in 50 CFR Part 622
          Accountability measures, Caribbean, Fisheries, Fishing, Queen conch.

          Dated: February 22, 2016.
          Samuel D. Rauch III,
          Deputy Assistant for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:

          PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC

        1. The authority citation for part 622 continues to read as follows:

          Authority:
           16 U.S.C. 1801 et seq.

        2. In § 622.12, remove paragraph (a)(1)(i)(R) and add paragraphs (a)(1)(iii) and (b) to read as follows:

          § 622.12
          Annual catch limits (ACLs) and accountability measures (AMs) for Caribbean island management areas/Caribbean EEZ.

          (a) * * *
          (1) * * *
          (iii) Spiny lobster. The following ACL applies to landings of spiny lobster throughout the Puerto Rico management area—327,920 lb (148,742 kg).

          (b) Closure provisions—(1) Restrictions applicable after a Puerto Rico closure. (i) Restrictions applicable after a Puerto Rico commercial closure, except for spiny lobster. During the closure period announced in the notification filed pursuant to paragraph (a)(1)(i) of this section, the commercial sector for species or species groups included in the notification is closed and such species or species groups in or from the Puerto Rico management area may not be purchased or sold. Harvest or possession of such species or species groups in or from the Puerto Rico management area is limited to the recreational bag and possession limits unless the recreational sector for the species or species group is closed and the restrictions specified in paragraph (b)(1)(iii) apply.
          (ii) Restrictions applicable after a Puerto Rico recreational closure, except for spiny lobster. During the closure period announced in the notification filed pursuant to paragraph (a)(1)(ii) of this section, the recreational sector for species or species groups included in the notification is closed and the recreational bag and possession limits for such species or species groups in or from the Puerto Rico management area are zero. If the seasons for both the commercial and recreational sectors for such species or species groups are closed, the restrictions specified in paragraph (b)(1)(iii) apply.
          (iii) Restrictions applicable when both Puerto Rico commercial and Puerto Rico recreational sectors are closed, except for spiny lobster. If the seasons for both the commercial and recreational sectors for a species or species group are closed, such species or species groups in or from the Puerto Rico management area may not be harvested, possessed, purchased, or sold, and the bag and possession limits for such species or species groups in or from the Puerto Rico management area are zero.
          (iv) Restrictions applicable after a spiny lobster closure in Puerto Rico. During the closure period announced in the notification filed pursuant to paragraph (a)(1)(iii) of this section, both the commercial and recreational sectors are closed. Spiny lobster in or from the Puerto Rico management area may not be harvested, possessed, purchased, or sold, and the bag and possession limits for spiny lobster in or from the Puerto Rico management area are zero.
          (2) Restrictions applicable after a St. Croix, St. Thomas/St. John, or Caribbean EEZ closure. During the closure period announced in the notification filed pursuant to paragraph (a)(2), (3), or (4) of this section, such species or species groups in or from the applicable management area of the Caribbean EEZ may not be harvested, possessed, purchased, or sold, and the bag and possession limits for such species or species groups in or from the applicable management area of the Caribbean EEZ are zero.

        3. In § 622.492, paragraph (a) is revised to read as follows:

          § 622.492
          Minimum size limit.
          (a) The minimum size limit for Caribbean queen conch is either 9 inches (22.9 cm) in length, that is, from the tip of the spire to the distal end of the shell, or 3/8 inch (9.5 mm) in lip width at its widest point.

      [FR Doc. 2016-04094 Filed 2-25-16; 8:45 am]
       BILLING CODE 3510-22-P


        DEPARTMENT OF HOMELAND SECURITY
        Federal Emergency Management Agency
        44 CFR Part 67
        [Docket ID FEMA-2011-0002; Internal Agency Docket Nos. FEMA-B-7749 and FEMA-B-7775]
        Proposed Flood Elevation Determinations; Correction

          AGENCY:
          Federal Emergency Management Agency, DHS.

          ACTION:
          Proposed rule; correction.

          SUMMARY:

          On December 6, 2007, and on May 8, 2008, FEMA published in the Federal Register proposed rules that contained erroneous tables affecting Washington County, Oregon, and Incorporated Areas. This notice provides corrections to those tables, to be used in lieu of the information published at 72 FR 68769 and 73 FR 26060. The table provided in this notice represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Washington County, Oregon, and Incorporated Areas. Specifically, it addresses the following flooding sources: Beal Creek, Beaverton Creek, Bethany Creek, Bronson Creek, Butternut Creek, Cedar Creek, Cedar Mill Creek, Cedar Mill Creek—North Overflow, Cedar Mill Creek—South Overflow, Cedar Mill Creek—Upper North Overflow, Celebrity Creek, Chicken Creek, Chicken Creek—West Tributary, Council Creek, Dairy Creek, Dawson Creek, Deer Creek, Erickson Creek, Fanno Creek, Glencoe Swale, Golf Creek, Gordon Creek, Hall Creek, Hall Creek—106th Tributary, Hall Creek South Fork, Hedges Creek, Holcomb Creek, McKay Creek, North Fork Hall Creek, North Johnson Creek, North Johnson Creek—East Tributary, North Johnson Creek—North Tributary, Rock Creek North, Rock Creek South, South Johnson Creek, Storey Creek, Storey Creek—East Tributary, Storey Creek—Middle Tributary, Tualatin River, Tualatin River—Golf Overflow, Tualatin River—LaFollett Overflow, Tualatin River Overflow to Nyberg Slough, Turner Creek, Waible Creek, Waible Creek—North Tributary, Waible Creek—South Tributary, West Fork Dairy Creek, and Willow Creek.

          DATES:
          Comments are to be submitted on or before July 9, 2012.

          ADDRESSES:

          You may submit comments, identified by Docket Nos. FEMA-B-7749 and FEMA-B-7775, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064 or (email) Luis.Rodriguez3@fema.dhs.gov.

          FOR FURTHER INFORMATION CONTACT:

          Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064 or (email) Luis.Rodriguez3@fema.dhs.gov.

        SUPPLEMENTARY INFORMATION:
        The Federal Emergency Management Agency (FEMA) publishes proposed determinations of Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
        These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are minimum requirements. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings.
        Corrections

        In the proposed rule published at 72 FR 68769, in the December 6, 2007, issue of the Federal Register, FEMA published a table under the authority of 44 CFR 67.4. The table, entitled “Washington County, Oregon, and Incorporated Areas,” addressed the flooding sources Beal Creek, Beaverton Creek, Bethany Creek, Bronson Creek, Butternut Creek, Cedar Creek, Cedar Mill Creek, Cedar Mill Creek—North Overflow, Cedar Mill Creek—South Overflow, Cedar Mill Creek—Upper North Overflow, Celebrity Creek, Chicken Creek, Chicken Creek—West Tributary, Council Creek, Dairy Creek, Dawson Creek, Deer Creek, Erickson Creek, Glencoe Swale, Golf Creek, Gordon Creek, Hall Center Creek, Hall Creek, Hall Creek—106th Tributary, Hall Creek—South Fork, Hedges Creek, Holcomb Creek, McKay Creek, North Johnson Creek, North Johnson Creek—East Tributary, North Johnson Creek—North Tributary, Rock Creek North, Rock Creek South, South Johnson Creek, Storey Creek, Storey Creek—East Tributary, Storey Creek—Middle Tributary, Tualatin River, Tualatin River Overflow to Nyberg Slough, Turner Creek, Waible Gulch, Waible Gulch—North Tributary, Waible Gulch—South Tributary, and Willow Creek. In the proposed rule published at 73 FR 26060, in the May 8, 2008, issue of the Federal Register, FEMA published a table under the authority of 44 CFR 67.4. The table, entitled “Washington County, Oregon, and Incorporated Areas” addressed the flooding sources Dairy Creek and West Fork Dairy Creek. Both tables contained inaccurate information as to the location of referenced elevation, effective and modified elevation in feet, and/or communities affected for those flooding sources. In addition, they did not include the following flooding sources: Fanno Creek, Tualatin River—Golf Overflow, and Tualatin River—LaFollett Overflow. In this notice, FEMA is publishing a table containing the accurate information, to address these prior errors. The information provided below should be used in lieu of that previously published for Washington County, Oregon, and Incorporated Areas.

            Flooding source(s)
            Location of referenced elevation **
            * Elevation in feet (NGVD)+ Elevation in feet (NAVD)
              # Depth in feet above ground
              ⁁ Elevation in meters (MSL)

            Effective
            Modified
            Communities affected

              Washington County, Oregon, and Incorporated Areas

            Beal Creek
            Approximately 750 feet upstream of State Highway 47
            None
            +170
            City of Forest Grove, Unincorporated Areas of Washington County.

            Approximately 765 feet upstream of Main Street
            None
            +172

            Beaverton Creek
            At the upstream side of Southwest 197th Avenue
            +158
            +160
            City of Beaverton, City of Hillsboro, Unincorporated Areas of Washington County.

            Approximately 870 feet upstream of Southwest Laurelwood Avenue
            None
            +267

            Bethany Creek
            Approximately 0.21 mile downstream of Northwest 185th Avenue
            +173
            +174
            Unincorporated Areas of Washington County.

            Approximately 0.58 mile upstream of Northwest West Union Road
            None
            +188

            Bronson Creek
            Approximately 65 feet downstream of Northwest Anzalone Drive
            +155
            +158
            City of Beaverton, City of Hillsboro, Unincorporated Areas of Washington County.

            Approximately 1.0 mile upstream of Northwest West Union Road
            +236
            +238

            Butternut Creek
            Approximately 940 feet downstream of Southwest 209th Avenue
            +164
            +165
            Unincorporated Areas of Washington County.

            Approximately 80 feet upstream of Southwest Farmington Road
            +199
            +200

            Cedar Creek
            Approximately 0.4 mile downstream of Southwest Edy Road
            +144
            +145
            City of Sherwood, Unincorporated Areas of Washington County.

            Approximately 560 feet upstream of Southwest Sunset Boulevard
            None
            +176

            Cedar Mill Creek
            Approximately 0.6 mile downstream of Portland & Western Railroad
            +172
            +171
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 90 feet upstream of Northwest 113th Avenue
            None
            +300

            Cedar Mill Creek—North Overflow
            At the Cedar Mill Creek confluence
            None
            +207
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 250 feet upstream of Southwest 131st Avenue
            None
            +213

            Cedar Mill Creek—South Overflow
            At the Cedar Mill Creek confluence
            None
            +195
            City of Beaverton, Unincorporated Areas of Washington County.

            At the upstream side of Southwest Evergreen Street
            None
            +205

            Cedar Mill Creek—Upper North Overflow
            At the Cedar Mill Creek-North Overflow confluence
            None
            +212
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 550 feet upstream of the Cedar Mill Creek—North Overflow confluence
            None
            +214

            Celebrity Creek
            At the Butternut Creek confluence
            None
            +176
            Unincorporated Areas of Washington County.

            Approximately 65 feet downstream of Southwest Farmington Road
            None
            +212

            Chicken Creek
            Approximately 0.8 mile downstream of Southwest Roy Rogers Road
            None
            +135
            City of Sherwood, Unincorporated Areas of Washington County.

            At the upstream side of Southwest Edy Road
            None
            +157

            Chicken Creek—West Tributary
            At the upstream side of Southwest Elwert Road
            None
            +151
            Unincorporated Areas of Washington County.

            Approximately 0.3 mile upstream of Southwest Elwert Road
            None
            +156

            Council Creek
            Approximately 0.25 mile downstream of Northwest Hobbs Road
            +155
            +156
            Unincorporated Areas of Washington County.

            Approximately 0.39 mile downstream of Beal Road
            +167
            +166

            Dairy Creek
            At the Tualatin River confluence
            +151
            +152
            City of Hillsboro, Unincorporated Areas of Washington County.

            Approximately 125 feet upstream of Northwest Susbauer Road
            +158
            +159

            Dawson Creek
            Approximately 317 feet upstream of Northwest Brookwood Avenue
            +150
            +151
            City of Hillsboro, Unincorporated Areas of Washington County.

            Approximately 0.3 mile upstream of Northwest Shute Road
            None
            +184

            Deer Creek
            Approximately 475 feet downstream of Northwest Kahneeta drive
            None
            +176
            Unincorporated Areas of Washington County.

            Approximately 90 feet upstream of Northwest 174th Avenue
            None
            +202

            Erickson Creek
            Approximately 211 feet upstream of Southwest 144th Avenue
            +174
            +175
            City of Beaverton.

            Approximately 322 feet upstream of Southwest 10th Street
            +202
            +203

            Fanno Creek
            At the Tualatin River confluence
            +129
            +131
            City of Durham, City of Tigard.

            Approximately 0.3 mile downstream of Southwest Durham Road
            +130
            +131

            Glencoe Swale
            Approximately 980 feet upstream of the McKay Creek confluence
            +154
            +156
            City of Hillsboro, Unincorporated Areas of Washington County.

            Approximately 0.5 mile upstream of Northwest Sewell Road
            None
            +201

            Golf Creek
            Approximately 390 feet upstream of the Hall Creek confluence
            None
            +198
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 625 feet upstream of 97th Avenue
            None
            +223

            Gordon Creek
            Approximately 275 feet upstream of Southwest River Road
            None
            +146
            City of Hillsboro, Unincorporated Areas of Washington County.

            Approximately 0.25 mile upstream of Southwest 229th Avenue
            None
            +196

            Hall Creek
            Approximately 175 feet downstream of the North Fork Hall Creek confluence
            +179
            +181
            City of Beaverton, Unincorporated Areas of Washington County.

            At the downstream side of Southwest 87th Avenue
            None
            +256

            Hall Creek—106th Tributary
            At the Hall Creek confluence
            None
            +191
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 600 feet upstream of Southwest 106th Avenue
            None
            +245

            Hall Creek South Fork
            Approximately 750 feet downstream of Southwest 96th Avenue
            None
            +213
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 150 feet upstream of Southwest 86th Avenue
            None
            +260

            Hedges Creek
            At the downstream side of Southwest Boones Ferry Road
            None
            +129
            City of Tualatin, Unincorporated Areas of Washington County.

            Approximately 0.75 mile upstream of Southwest Teton Avenue
            None
            +142

            Holcomb Creek
            Approximately 500 feet upstream of the Rock Creek North confluence
            None
            +178
            Unincorporated Areas of Washington County.

            Approximately 0.15 mile upstream of Northwest Plastics Drive
            None
            +211

            McKay Creek
            At the Dairy Creek confluence
            +154
            +156
            City of Hillsboro, Unincorporated Areas of Washington County.

            At the upstream side of Northwest Union Road
            +175
            +174

            North Fork Hall Creek
            At the Hall Creek confluence
            +179
            +181
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 0.4 mile upstream of Center Street
            +181
            +183

            North Johnson Creek
            At the Cedar Mill Creek confluence
            +188
            +187
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 0.4 mile upstream of the North Johnson Creek—East Tributary confluence
            None
            +307

            North Johnson Creek—East Tributary
            At the North Johnson Creek confluence
            None
            +249
            Unincorporated Areas of Washington County.

            Approximately 0.4 mile upstream of the North Johnson Creek confluence
            None
            +327

            North Johnson Creek—North Tributary
            Approximately 0.24 mile downstream of Northwest 114th Avenue
            None
            +212
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 0.22 mile upstream of Northwest 112th Avenue
            None
            +343

            Rock Creek North
            Approximately 0.47 mile downstream of Northwest Union Road
            +172
            +174
            Unincorporated Areas of Washington County.

            Approximately 0.75 mile upstream of Old Cornelius Pass Road
            None
            +247

            Rock Creek South
            Approximately 750 feet downstream of Southwest Pacific Highway
            +133
            +134
            City of Sherwood, Unincorporated Areas of Washington County.

            Approximately 0.32 mile upstream of Portland & Western Railroad
            +140
            +139

            South Johnson Creek
            Approximately 800 feet downstream of Southwest Hart Road
            +199
            +205
            City of Beaverton, Unincorporated Areas of Washington County.

            Approximately 160 feet upstream of Southwest Hart Road
            None
            +219

            Storey Creek
            Approximately 200 feet upstream of the Waible Creek confluence
            None
            +164
            Unincorporated Areas of Washington County.

            Approximately 0.80 mile upstream of the Storey Creek—Middle Tributary confluence
            None
            +197

            Storey Creek—East Tributary
            At the Storey Creek confluence
            None
            +173
            Unincorporated Areas of Washington County.

            Approximately 0.35 mile upstream of Northwest Sunset Highway
            None
            +188

            Storey Creek—Middle Tributary
            Approximately 870 feet upstream of the Storey Creek confluence
            None
            +180
            Unincorporated Areas of Washington County.

            At the upstream side of Northwest West Union Road
            None
            +196

            Tualatin River
            Approximately 490 feet downstream of the Tualatin River Overflow to Nyberg Slough confluence
            +125
            +126
            City of Durham, City of King City, City of Tigard, City of Tualatin, Unincorporated Areas of Washington County.

            Approximately 0.3 mile upstream of Southwest Roy Rogers Road
            +134
            +135

            Tualatin River
            Approximately 1.6 miles downstream of Southwest Golf Course Road
            +154
            +153
            City of Cornelius, City of Hillsboro, Unincorporated Areas of Washington County.

            Approximately 0.3 mile downstream of the Gales Creek confluence
            +167
            +168

            Tualatin River—Golf Overflow
            Approximately 150 feet downstream of Southwest Golf Course Road
            +155
            +156
            City of Forest Grove, Unincorporated Areas of Washington County.

            Approximately 1.0 mile upstream of Southwest Golf Course Road
            +160
            +162

            Tualatin River—LaFollett Overflow
            Approximately 0.3 mile upstream of Southwest Golf Course Road
            +156
            +157
            Unincorporated Areas of Washington County.

            At the downstream side of Southwest LaFollett Road
            +157
            +160

            Tualatin River Overflow to Nyberg Slough
            At the Tualatin River confluence
            +125
            +126
            City of Tualatin.

            Approximately 300 feet downstream of the divergence from the Tualatin River
            +127
            +129

            Turner Creek
            Approximately 450 feet downstream of Southeast 32nd Avenue
            None
            +147
            City of Hillsboro.

            Approximately 0.5 mile upstream of East Main Street
            None
            +168

            Waible Creek
            Approximately 0.25 mile upstream of the McKay Creek confluence
            None
            +160
            Unincorporated Areas of Washington County.

            Approximately 0.25 mile upstream of the Waible Creek—North Tributary confluence
            None
            +196

            Waible Creek—North Tributary
            At the Waible Creek confluence
            None
            +192
            City of Hillsboro, Unincorporated Areas of Washington County.

            At the upstream side of Northwest West Union Road
            None
            +207

            Waible Creek—South Tributary
            At the Waible Creek confluence
            None
            +179
            City of Hillsboro, Unincorporated Areas of Washington County.

            Approximately 90 feet upstream of Northwest Jacobson Road
            None
            +211

            West Fork Dairy Creek
            Approximately 0.8 mile upstream of Northwest Wilson River Highway
            None
            +195
            City of Banks.

            Approximately 0.72 mile downstream of Northwest Banks Road
            None
            +196

            Willow Creek
            Approximately 400 feet upstream of the Beaverton Creek confluence
            +161
            +162
            City of Beaverton, City of Hillsboro, Unincorporated Areas of Washington County.

            At the upstream side of Northwest 141st Place
            None
            +239

            * National Geodetic Vertical Datum.

            + North American Vertical Datum.

            # Depth in feet above ground.

            ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

            ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

            Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

              ADDRESSES

              City of Banks

            Maps are available for inspection at City Hall, Planning Department, 100 South Main Street, Banks, OR 97106.

              City of Beaverton

            Maps are available for inspection at City Hall, Community Development Department, 4755 Southwest Griffith Drive, Beaverton, OR 97005.

              City of Cornelius

            Maps are available for inspection at the Development and Operations Building, Planning Department, 1300 South Kodiak Circle, Cornelius, OR 97113.

              City of Durham

            Maps are available for inspection at City Hall, 17160 Southwest Upper Boones Ferry Road, Durham, OR 97224.

              City of Forest Grove

            Maps are available for inspection at City Hall, Planning Department, 1924 Council Street, Forest Grove, OR 97116.

              City of Hillsboro

            Maps are available for inspection at City Hall, Planning Department, 150 East Main Street, Hillsboro, OR 97123.

              City of King City

            Maps are available for inspection at City Hall, 15300 Southwest 116th Avenue, King City, OR 97224.

              City of Tigard

            Maps are available for inspection at City Hall, Planning Department, 13125 Southwest Hall Boulevard, Tigard, OR 97223.

              City of Tualatin

            Maps are available for inspection at City Hall, Building and Planning Department, 18880 Southwest Martinazzi Avenue, Tualatin, OR 97062.

              City of Sherwood

            Maps are available for inspection at City Hall, Engineering Department, 22560 Southwest Pine Street, Sherwood, OR 97140.

              Unincorporated Areas of Washington County

            Maps are available for inspection at the Washington County Public Services Building, Land Use and Transportation Department, 155 North 1st Avenue, Suite 350, Hillsboro, OR 97124.

          (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

          Dated: March 29, 2012.
          Sandra K. Knight,
          Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

      [FR Doc. 2012-8603 Filed 4-9-12; 8:45 am]
      BILLING CODE 9110-12-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 051130316-5316-01; I.D. 110905C]
        RIN 0648-AT21
        Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2006 Specifications

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

          ACTION:
          Proposed specifications; request for comments.

          SUMMARY:
          NMFS proposes specifications for the 2006 Atlantic herring fishery, which are the same as the specifications implemented in 2005.  The regulations for the Atlantic herring fishery require NMFS to publish specifications for the upcoming year and to provide an opportunity for public comment.  The intent of the specifications is to conserve and manage the Atlantic herring resource and provide for a sustainable fishery.

          DATES:
          Comments must be received no later than 5 p.m., eastern standard time, on January 17, 2006.

          ADDRESSES:

          Copies of supporting documents, including the Environmental Assessment, Regulatory Impact Review, Initial Regulatory Flexibility Analysis (EA/RIR/IRFA), and Essential Fish Habitat Assessment are available from Paul J. Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.  The EA/RIR/IRFA is also accessible via the Internet at http://www.nero.gov.
          Written comments on the proposed rule may be sent by any of the following methods:
          • Mail to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930.  Mark the outside of the envelope “Comments-2006 Herring Specifications”;
          • Fax to Patricia A. Kurkul 978-281-9135;
          • E-mail to the following address: Herr2006Specs@noaa.gov.  Include in the subject line of the e-mail comment the following document identifier:   “Comments-2006 Herring Specifications;” or

          • Electronically through the Federal e-Rulemaking portal: http://www.regulations.gov.

          FOR FURTHER INFORMATION CONTACT:

          Eric Jay Dolin, Fishery Policy Analyst, 978-281-9259, e-mail at eric.dolin@noaa.gov, fax at 978-281-9135.

        SUPPLEMENTARY INFORMATION:
        Background

        Regulations implementing the Atlantic Herring Fishery Management Plan (FMP) require the New England Fishery Management Council's (Council) Atlantic Herring Plan Development Team (PDT) to meet at least annually, no later than July each year, with the Atlantic States Marine Fisheries Commission's (Commission) Atlantic Herring Plan Review Team (PRT) to develop and recommend the following specifications for consideration by the Council's Atlantic Herring Oversight Committee:    Allowable biological catch (ABC), optimum yield (OY), domestic annual harvest (DAH), domestic annual processing (DAP), total foreign processing (JVPt), joint venture processing (JVP), internal waters processing (IWP), U.S. at-sea processing (USAP), border transfer (BT), total allowable level of foreign fishing (TALFF), and reserve (if any).  The PDT and PRT also recommend the total allowable catch (TAC) for each management area and subarea identified in the FMP.  As the basis for its recommendations, the PDT reviews available data pertaining to:    Commercial and recreational catch; current estimates of fishing mortality; stock status; recent estimates of recruitment; virtual population analysis results and other estimates of stock size; sea sampling and trawl survey data or, if sea sampling data are unavailable, length frequency information from trawl surveys; impact of other fisheries on herring mortality; and any other relevant information.  Recommended specifications are presented to the oversight committee and the Council in order to make a recommendation to NMFS.  NMFS reviews the Council recommendation, and may modify it if necessary to insure that it is consistent with the criteria in the FMP and other applicable laws.
        In 2004, the Council proposed specifications that would have set OY at 180,000 mt. It also voted to maintain the 2005 specifications for 2006, unless stock and fishery conditions changed substantially.  Upon review of the specifications package submitted by the Council for 2005, NMFS decided that the justification for setting the OY at 180,000 mt was not persuasive, given the recent history of landings in the fishery and concerns about allocating TALFF.  As a result, NMFS proposed setting the OY at 150,000 mt, and readjusting the TACs in Areas 2 and 3 to reflect that change.  NMFS also did not find the Council's argument for setting USAP at zero to be persuasive, noting that such an allocation would favor one segment of the U.S. processing sector over another, without any justifiable reasons based on conservation objectives.    USAP could also provide an additional outlet for harvesters and, therefore, increase the benefits to the U.S. industry.  As a result, NMFS proposed setting USAP at 20,000 mt for 2005.  The modified alternative proposed by NMFS was added to and fully analyzed in the 2005 specification package's EA/RIR/IRFA.  That package analyzed and evaluated the environmental, social, and economic impacts of maintaining the same specifications for 2 years.  The 2005 specifications assumed that the PDT would update and evaluate stock and fishery information during 2005, and the Council and NMFS might determine, based on the review by the Herring PDT, that no adjustments to the specifications were necessary for the 2006 fishing year.  The PDT completed a comprehensive review of all herring related stock and fishery data as part of the development of the DSEIS for Amendment 1 to the FMP.  It concluded that stock and fishery conditions have remained relatively constant.  It found no reason to modify the specifications, as implemented by NMFS for 2005, for 2006.  At its September 2005 meeting, the Council agreed and voted to recommend that the 2005 specifications, as implemented by NMFS, be maintained for 2006.  Given that there has been no significant change in the herring fishery over the past year, and that the 2005 specifications package fully evaluated the impacts of maintaining the specifications for 2 years, NMFS concurs with the Council's recommendation.
        Proposed 2006 Specifications
        NMFS proposes the specifications and Area TACs contained in the following table.

          Proposed Specifications and Area TACs for the 2006 Atlantic Herring Fishery

            Specification
            Proposed Allocation (mt)

            ABC
            220,000

            OY
            150,000

            DAH
            150,000

            DAP
            146,000

            JVPt
            0

            JVP
            0

            IWP
            0

            USAP
            20,000 (Areas 2 and 3 only)

            BT
            4,000

            TALFF
            0

            Reserve
            0

            TAC - AREA 1A
            60,000 (January 1   May 31, landings cannot exceed 6,000)

            TAC - Area 1B
            10,000

            TAC - Area 2
            30,000 (No Reserve)

            TAC - Area 3
            50,000

        The proposed measures are discussed here briefly.  For a complete discussion of the development of and rationale for the specifications, please refer to the proposed rule for the 2005 specifications, published January 31, 2005 (70 FR 4808).
        An ABC of 220,000 mt is proposed, consistent with the MSY proxy recommended in Amendment 1 to the FMP, which is currently being developed.  The 220,000 mt proxy recommended in Amendment 1 is intended to be a temporary and precautionary placeholder for MSY until the next stock assessment for the Atlantic herring stock complex is completed.  Because of the importance of ABC as a means of determining the other values in the specifications, it is discussed in the specifications, even though it is not a value that is set by the specification process.
        The FMP specifies that OY will be less than or equal to ABC minus the expected Canadian catch (C) from the stock complex.  The estimate of C that is deducted from ABC will be no more than 20,000 mt for the New Brunswick weir fishery and no more than 10,000 mt for the Georges Bank fishery.  With ABC set at 220,000 mt, OY could be less than or equal to 190,000 mt if the maximum catch is assumed for the Canadian herring fishery.  The FMP also states that the establishment of OY will include consideration of relevant economic, social, and ecological factors and that, for this reason, OY may be less than ABC   C.  In addition, the Herring PDT recommended that OY be specified at a level lower than ABC for biological and ecological reasons.
        As in 2005, OY is proposed to be specified at 150,000 mt, a level that can be fully harvested by the domestic fleet, thereby precluding the specification of a TALFF.  This will enable the U.S. Atlantic herring industry to expand and will yield positive social and economic benefits to U.S. harvesters and processors.
        NMFS proposes setting DAH at 150,000 mt.  The highest level of landings in recent years was in 2001, when they reached 121,332 mt.  The proposed DAH of 150,000 mt would allow a 23-percent increase in landings as compared to 2001, and reflect fishery performance in recent years, while at the same time giving the fishery an opportunity to expand.  The proposed Area TACs would remain the same as they were in 2005.  These area allocations are intended to permit the fishery to increase landings above the highest levels achieved in recent years.  The highest recent landings in Area 2 were 27,198 mt in 2000; thus, the allocation would allow the fishery to slightly exceed that level.  The highest recent landings in Area 3 were 35,079 mt in 2001; thus, the allocation would allow the fishery to exceed that level by a considerable amount because this is the area most likely to see expanded harvests.

        The regulations, at § 648.200(e), allow for inseason adjustments of the herring specifications.  Thus, if the herring fishery during the 2006 fishing year expands more than anticipated, the OY, the DAH, the DAP, and the area TACs could be increased to enable the fishery to perform to its fullest potential.  Such increases would be constrained by the analysis that the Council included in the specification recommendations.  That means that DAH and OY could be increased to a maximum of 180,000 mt, the DAP could be increased to a maximum of 176,000 mt, and the Area 2 TAC and the Area 3 TAC could be increased to 50,000 mt and 60,000 mt, respectively, which are the highest levels that the Council originally recommended and analyzed for each of these measures.
        Since DAH is proposed to be set at 150,000 mt (of which 4,000 mt would be allocated for BT), DAP is proposed to be specified at 146,000 mt.  It is certainly possible, given the capacity of the current harvesting fleet, the potential for market expansion to occur, and the expressed intent (made clear through public testimony) of the U.S. industry to increase its participation in the Atlantic herring fishery, that processors will utilize the recommended DAP.  Because the Council's recommended DAP is sufficient to process the entire DAH (minus the BT), the Council and NMFS propose setting JVP at zero.  Future JVP operations would likely compete with U.S. processors for product, which could have a substantial negative impact on domestic facilities in a market-driven fishery.  This is consistent with the following relationship, which is specified in the FMP:    DAH = DAP + JVPt + BT.
        NMFS proposes setting USAP at 20,000 mt in Areas 2 and 3 only.  USAP could provide an additional outlet for harvesters and, therefore, increase the benefits to the U.S. industry.
        Classification
        This action is authorized by 50 CFR part 648 and has been determined to be not significant for purposes of Executive Order 12866.

        The Council prepared an IRFA, as required by section 603 of the Regulatory Flexibility Act, which describes the economic impacts this proposed rule, if adopted, would have on small entities.  A copy of the IRFA can be obtained from the Council or NMFS (see ADDRESSES) or via the Internet at http://www.nero.noaa.gov.  A summary of the analysis follows:
        Statement of Objective and Need
        A description of the reasons why this action is being considered, and the objectives of and legal basis for this action, is contained in the preamble to this proposed rule and is not repeated here.
        Description and Estimate of Number of Small Entities to Which the Rule Will Apply
        During the 2003 fishing year, 154 vessels landed herring, 38 of which averaged more than 2,000 lb (907 kg) of herring per trip.  There are no large entities, as defined in section 601 of the RFA, participating in this fishery.  Therefore, there are no disproportionate economic impacts between large and small entities.
        Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements
        This action does not contain any new collection-of-information, reporting, recordkeeping, or other compliance requirements.  It does not duplicate, overlap, or conflict with any other Federal rules.
        Minimizing Significant Economic Impacts on Small Entities
        Impacts were assessed by the Council and NMFS by comparing the proposed measures to the Atlantic herring landings made in 2003.  The proposed specifications are not expected to produce a negative economic impact to vessels prosecuting the fishery because it allows for landings levels that are significantly higher than the average landings achieved by the fishery in recent years.  The proposed 2006 specifications should allow for incremental growth in the industry, while taking into consideration biological uncertainty.
        The specification of OY and DAH is proposed to be 150,000 mt for 2006.  At this level, there could be an increase of up to 50,000 mt in herring landings, or $7,150,000 in revenues, based on an average price of $143/mt.  This could allow individual vessels to increase their profitability under the proposed 2006 specifications, depending on whether or not new vessels enter the fishery (the herring fishery will remain an open-access fishery for the 2006 fishing year).  The magnitude of economic impacts related to the 146,000-mt specification of DAP will depend on the shoreside processing sector's ability to expand markets and increase capacity to handle larger amounts of herring during 2006.
        The potential loss associated with eliminating the JVPt allocation (20,000 mt for 2003 and 2004) could approximate $2.9 million (based on an average price of $143/mt) if all of the 20,000-mt allocation would have been utilized (10,000 mt for JVP and 10,000 mt for IWP).  However, very little of the 10,000-mt JVP allocation was utilized in 2002 and 2003 and, as of August 2004, no JVP activity for herring had occurred during the 2004 fishing year.  The Council received no indication that demand for the JVP allocation will increase in 2006.  As a result, no substantial economic impacts are expected from reducing the JVP allocation to 0 mt in 2006, as vessels that sold fish in the past to JVP vessels could sell to U.S. processors.
        The Area 1A and 1B TACs of 60,000 mt and 10,000 mt, respectively, have been unchanged since the 2000 fishery.  In 2002 and 2003, the Area 1A TAC for the directed herring fishery was fully utilized and is expected to be fully utilized for the 2006 fishery.  Therefore, no change is expected in profitability of vessels from the 2006 Area 1A specification.  Since only 4,917 mt of herring were harvested in Area 1B in 2003, the proposed 2006 specification of 10,000 mt should allow for increased economic benefits to individual vessels prosecuting the fishery in this management area.  The potential economic gains associated with allocating 20,000 mt for USAP could approximate $2.9 million (based on an average price of $143/mt) if all of the 20,000-mt allocation were utilized in 2006.
        The Council analyzed four alternatives for OY and the distribution of TACs.  One alternative would have retained the specifications implemented during the 2003 and 2004 fishing years, which would have maintained the OY at 180,000 mt.  This OY is still roughly 80 percent greater than the average historical landings for this fishery, and therefore that level of OY would not pose a constraint on the fishery.  The three other alternatives considered by the Council would set the OY at 150,000 mt.  This is still roughly 50 percent greater than the average historical landings for this fishery, and, therefore, that level of OY would not pose a constraint on the fishery.  Each of the alternatives that would set the OY at 150,000 mt would establish varying levels for the area TACs.

        One alternative would have established the following TACs:   Area 1A, 60,000 mt; Area 1B, 10,000 mt; Area 2, 20,000 mt; and Area 3, 60,000 mt.  The only area TAC that would be lower than 2003/2004 under this option is the Area 2 TAC.  The most recent year in which the landings from this area were greater than 20,000 mt (the proposed TAC) was 2000 (27,198 mt).  The average landings from 2001   2003 were 14,300 mt, with 2003 landings at 16,079 mt.  Under current market conditions, the new TAC may become constraining if the fishery in 2006 is similar to that in 2000.  If this is the case, then the Area 2 TAC fishing season could end before the end of the year, creating a potential economic constraint on the fishery, especially if vessels are forced to travel farther (increased steaming time) to harvest in Area 3.
        Another alternative considered would have established the following TACs:    Area 1A, 45,000 mt; Area 1B, 10,000 mt; Area 2, 35,000 mt; and Area 3, 60,000 mt.  With a 15,000-mt decrease in the combined Area 1 TACs, the economic impact of this option could be relatively large on vessels in the fishery that depend on herring in Area 1A, especially if those vessels are not able to move to other areas to obtain fish.  Even if vessels could fish in other areas, their operating costs would be increased because of increased steaming time.  An Area 2 TAC of 35,000 mt proposed under this alternative should not be constraining, given recent landings history.
        The final alternative considered would have established the following TACs:    Area 1A, 55,000 mt; Area 1B, 5,000 mt; Area 2, 30,000 mt; and Area 3, 60,000 mt.  With a 10,000-mt decrease in the combined Area 1 TACs, the impact of this alternative would be very similar to the impact of the prior alternative, although not as severe.  An Area 2 TAC of 30,000 mt proposed under this alternative should not be constraining, given recent landings history.

          Authority:
          16 U.S.C. 1801 et seq.

          Dated:  December 9, 2005.
          James W. Balsiger,
          Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. 05-24079 Filed 12-14-05; 8:45 am]
      BILLING CODE 3510-22-S