48824 Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 051014263–6028–03; I.D. 

120805A] 

RIN 0648–AU00 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Specifications and Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; extension. 

SUMMARY: This action extends a 

temporary rule, now in effect, that 

establishes the 2006 optimum yield 

(OY) for darkblotched rockfish caught in 

the U.S. exclusive economic zone (EEZ) 

off the coasts of Washington, Oregon, 

and California. This action, which is 

authorized by the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP) and the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), is 

intended to protect darkblotched 

rockfish, an overfished groundfish 

species. 

DATES: The expiration date of the 

temporary rule (interim darkblotched 

rockfish OY) published on February 17, 

2006 (71 FR 8489), effective March 1, 

2006, through August 27, 2006, is 

extended through December 31, 2006. 

ADDRESSES: Copies of the Final 

Environmental Impact Statement for the 

harvest specifications and management 

measures for the 2005–2006 groundfish 

fisheries are available from Donald 

McIsaac, Executive Director, Pacific 

Fishery Management Council (Council), 

7700 NE Ambassador Place, Portland, 

OR 97220, phone: 503–820–2280. 

Copies of the Record of Decision and 

final regulatory flexibility analysis for 

the 2005–2006 groundfish harvest 

specifications, and the Small Entity 

Compliance Guide for the 2006 

groundfish harvest specifications are 

available from D. Robert Lohn, 

Administrator, Northwest Region 

(Regional Administrator), NMFS, 7600 

Sand Point Way, NE, Seattle, WA 

98115–0070. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Goen (Northwest Region, NMFS), 

phone: 206–526–6140; fax: 206–526–

6736; and e-mail: jamie.goen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

available on the Government Printing 

Office’s website at: www.gpoaccess.gov/ 

fr/index.html. 

Background information and 

documents are available at the NMFS 

Northwest Region website at: 

www.nwr.noaa.gov and at the Pacific 

Council’s website at: www.pcouncil.org. 

Background 

The Pacific Coast Groundfish FMP 

and its implementing regulations at title 

50 in the Code of Federal Regulations, 

part 660, subpart G, regulate fishing for 

over 80 species of groundfish off the 

coasts of Washington, Oregon, and 

California. Groundfish specifications 

and management measures are 

developed by the Pacific Council, and 

are implemented by NMFS. The 

specifications and management 

measures for 2005–2006 were codified 

in the CFR (50 CFR part 660, subpart G). 

They were published in the Federal 

Register as a proposed rule on 

September 21, 2004 (69 FR 56550), and 

as a final rule on December 23, 2004 (69 

FR 77012). The final rule was 

subsequently amended on March 18, 

2005 (70 FR 13118); March 30, 2005 (70 

FR 16145); April 19, 2005 (70 FR 

20304); May 3, 2005 (70 FR 22808); May 

4, 2005 (70 FR 23040); May 5, 2005 (70 

FR 23804); May 16, 2005 (70 FR 25789); 

May 19, 2005 (70 FR 28852); July 5, 

2005 (70 FR 38596); August 22, 2005 (70 

FR 48897); August 31, 2005 (70 FR 

51682); October 5, 2005 (70 FR 58066); 

October 20, 2005 (70 FR 61063); October 

24, 2005 (70 FR 61393); November 1, 

2005 (70 FR 65861); and December 5, 

2005 (70 FR 72385). Longer-term 

changes to the 2006 specifications and 

management measures were published 

in the Federal Register as a proposed 

rule on December 19, 2005 (70 FR 

75115) and as a final rule on February 

17, 2006 (71 FR 8489). The final rule 

was subsequently amended on March 

27, 2006 (71 FR 10545), April 11, 2006 

(71 FR 18227), April 26, 2006 (71 FR 

24601), May 11, 2006 (71 FR 27408), 

May 22, 2006 (71 FR 29257), June 1, 

2006 (71 FR 31104), and July 3, 2006 (71 

FR 37839). 

Acceptable biological catches (ABCs) 

and OYs are established for each year. 

Management measures are established at 

the start of the biennial period, and are 

adjusted throughout the biennial 

management period, to keep harvest 

within the OYs. At the Pacific Council’s 

October 31 - November 4, 2005, meeting 

in San Diego, CA, the Pacific Council, 

in consultation with Pacific Coast 

Treaty Indian Tribes and the States of 

Washington, Oregon, and California, 

recommended a reduction of the 2006 

darkblotched rockfish OY to 200 mt for 

March through December 2006. The 

management measures for March 

through December 2006 were proposed 

on December 19, 2005 (70 FR 75115), 

and implemented via the final rule 

published on February 17, 2006 (71 FR 

8489). 

The 2006 darkblotched rockfish OY of 

200 mt is an interim measure pursuant 

to section 305(c) of the MagnusonStevens Act, in effect while the 

rebuilding plan (now referred to as 

Amendment 16–4) is being developed 

and implemented. Under the provisions 

of section 305(c)(3) of the MagnusonStevens Act, interim measures shall 

remain in effect for not more than 180 

days after the date of publication, and 

may be extended by publication in the 

Federal Register for an additional 

period of not more than 180 days, 

provided the public has had an 

opportunity to comment on the interim 

measures, and the Council is actively 

preparing a plan amendment to address 

rebuilding on a permanent basis. The 

public has been provided an 

opportunity to comment on the interim 

measures in the proposed rule (70 FR 

75115, December 19, 2005), and the 

Council is actively working on an FMP 

amendment, Amendment 16–4, with the 

2007–2008 specifications and 

management measures process. The 

proposed rule for Amendment 16–4 and 

the 2007–2008 specifications and 

management measures is expected to 

publish in September 2006 with a final 

rule expected to publish in November 

2006, and become effective January 1, 

2007. In addition, the Court’s Order in 

Natural Resources Defense Council 

(NRDC) v. NMFS, 421 F.3d 872 (9th Cir. 

2005) dated December 8, 2005, requires 

NMFS to implement a darkblotch 

rockfish quota for the entire 2006 

fishing year pursuant to section 305(c). 

Because the Council is continuing work 

on Amendment 16–4 and this interim 

measure expires on August 27, 2006, 

NMFS is extending the darkblotched 

rockfish OY beyond the first 180–day 

period. 

During the comment period on the 

proposed rule to implement changes to 

the 2006 Pacific Coast groundfish 

fishery specifications and management 

measures (70 FR 75115, December 19, 

2005), NMFS received two comments on 

the interim measure for the 

darkblotched rockfish OY. Comment 2 

and Comment 6, as published in the 

‘‘Comments and Responses’’ section of 

the final rule (71 FR 8489, February 17, 

2006), show the comments received and 

NMFS response to those comments. 


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These comments and responses are 

republished below. 

Comment 2: One commenter supports 

the decrease in the darkblotched 

rockfish OY for 2006 from 294 mt to 200 

mt. The commenter notes that the latest 

stock assessment shows that 

darkblotched rockfish is rebuilding 

more quickly than originally projected 

and, therefore, the OY could be set 

higher without demonstrably slowing 

the rebuilding progress. However, the 

commenter supports NMFS effort to 

rebuild quicker than required by law, as 

was done with lingcod, while 

minimizing impacts on local coastal 

communities, including fishermen and 

processors. 

Another commenter believes that the 

rule proposes to set an OY that is higher 

than the lowest level possible and is 

thereby violating the Magnuson-Stevens 

Act, which requires overfished species 

to be rebuilt as quickly as possible. In 

the 2005–2006 Pacific Coast Groundfish 

Specifications and Management 

Measures Environmental Impact 

Statement (hereafter, 2005–2006 Specs 

EIS), NMFS projected total fishing 

mortality of less than 100 mt for 

darkblotched rockfish. The commenter 

believes that NMFS failed to consider 

the lowest possible fishing level for 

darkblotched rockfish because an OY at 

or below 100 mt was not adopted. 

A third commenter suggested that all 

species should have their quotas cut by 

50 percent this year and 10 percent each 

succeeding year. 

Response: As stated in the proposed 

rule, this action to adjust the 2006 

darkblotched rockfish OY from 294 mt 

to 200 mt is an interim measure to 

decrease the OY within the current 

rebuilding plan until a revised 

rebuilding plan is developed. Revising 

the rebuilding plan requires extensive 

analysis to consider the interaction of 

the rebuilding plans for all overfished 

species, to determine the needs of the 

fishing communities, and to allow 

substantial public participation. 

Allowable harvest levels for all 

overfished groundfish species for 2007 

and beyond will be based on new 

rebuilding plans intended to meet the 

court’s decision in NRDC v. NMFS, 421 

F.3d 872 (9th Cir. 2005). The Pacific 

Council intends to review, re-analyze, 

and revise rebuilding plans via 

Amendment 16–4 to the FMP, which 

will be developed concurrently with the 

2007–2008 groundfish harvest 

specifications and management 

measures. These revised rebuilding 

plans in Amendment 16–4 will 

determine the OYs selected for 

overfished groundfish species, 

including darkblotched rockfish, in 

2007 and beyond. 

At the Pacific Council’s October 30 –

November 4, 2005, meeting, in order to 

determine if interim action was 

appropriate, NMFS and the Pacific 

Council analyzed the effects of a range 

of 2006 darkblotched rockfish OYs, from 

0–696 mt, on the time to rebuild the 

darkblotched stock. The Pacific 

Council’s Groundfish Management 

Team estimated: with a darkblotched 

rockfish OY of zero, the stock would be 

rebuilt by July 2009; with an OY of 200 

mt, the stock would be rebuilt by March 

2010; and with the previously 

established OY of 294 mt, the stock 

would be rebuilt by July 2010. Since 

that meeting, NMFS analyzed the 

estimated gains in rebuilding time that 

could occur were the 2006 OY set at 100 

mt, and found that a 100 mt OY could 

result in the stock being rebuilt by 3–6 

months prior to the March 2010 date 

associated with a 200 mt OY. As 

discussed below, this small gain in 

rebuilding time would result in large 

economic losses to the fishing industry 

and coastal communities. Therefore, 

NMFS concurs with the Pacific 

Council’s recommendation of a 200 mt 

OY for darkblotched rockfish in 2006 as 

an appropriately conservative interim 

OY intended to accommodate some 

targeting of the more healthy groundfish 

stocks that co-occur with darkblotched 

rockfish. 

Populations of the overfished rockfish 

species are found along the entire length 

of the U.S. West Coast. Because of their 

varied biological characteristics, 

overfished rockfish are caught in a 

broad range of fisheries, tribal and nontribal, commercial and recreational. 

NMFS, its partner state and tribal 

agencies, and the Pacific Council have 

focused their efforts to protect and 

rebuild overfished groundfish species 

on minimizing or eliminating directed 

harvest and minimizing incidental catch 

of overfished stocks. Overfished species 

are caught in all of the groundfish 

fisheries coastwide not because they are 

targeted, but because they co-occur with 

the more abundant stocks the fisheries 

do target. For example, yelloweye 

rockfish is often found at similar depths 

to and caught in common with Pacific 

halibut, an abundant flatfish targeted 

with hook-and-line gear in the 

recreational and commercial fisheries. 

Fisheries for target species must then be 

constrained in some way in order to 

rebuild the non-target overfished 

species, usually with: reductions in 

allowable landings levels of target 

species, reductions in allowable fishing 

area so as to minimize fishing in areas 

where overfished species commonly 

occur, reductions in allowable duration 

of fishing seasons, or alterations in 

fishing gear that either prevent 

overfished species from being caught by 

the gear or expel overfished species 

from the gear. All of these tools are used 

either individually or in combination 

for West Coast fisheries that either target 

groundfish directly, or take groundfish 

incidentally to their non-groundfish 

fishing operations. Therefore, when 

NMFS analyzes revenues earned or 

sacrificed in order to rebuild overfished 

species at slower or faster rates, the 

agency is looking at revenues from the 

more healthy target stocks, not from the 

overfished species themselves. 

In setting the 2006 darkblotched 

rockfish OY, NMFS considered both the 

biological constraints of the stock in 

terms of its ability to rebuild by 

particular dates, and the economic 

impacts of rebuilding at different rates 

on coastal fishing communities. NMFS 

particularly considered the effect of 

reducing the 2006 darkblotched rockfish 

OY to 100 mt. 

The majority of darkblotched rockfish 

landed are caught with limited entry 

bottom trawl gear (99.6 percent in 2004), 

incidentally to slope fisheries for 

groundfish. Because the groundfish 

fishery has been managed under 

rebuilding measures since 2000, NMFS 

reviewed the effect of a 100–mt 

darkblotched rockfish OY in 2006 both 

from the perspective of incremental 

changes to the fishery from current 

harvests and associated revenue, and 

from the perspective of cumulative 

changes that have been ongoing within 

the fishery from the past several years. 

In terms of inflation-adjusted dollars, 

since 2001, real ex-vessel revenues from 

bottom trawl vessels have been less than 

half of what they were in 1996. Many 

vessels, processors, shore-based 

infrastructure, and support businesses 

were built to service a fishery that 

generated revenues and landings that 

are larger than what the current fishery 

generates. This means that current 

annual revenues are less able to support 

the fixed costs of maintaining the 

structures built to support a more 

productive industry. Because revenues 

have declined substantially from this 

period of higher productivity, 

businesses are less able to withstand 

further declines in revenue. In other 

words, the effect upon fishers, 

processors, support businesses, and 

communities of reducing ex-vessel 

revenues is likely to be greater when the 

fishery annually generates $20 million 

compared to a reduction when the 

fishery annually generates $40 million. 

NMFS analyzed the effects of a 100–

mt 2006 darkblotched rockfish OY from 


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the base of management measures 

implemented in this rule, assuming 

available darkblotched rockfish 

incidental catch to be cut to that 100–

mt level. Using ex-vessel prices from 

2005, 100 mt of darkblotched rockfish 

translates into roughly $94,000 to 

$100,000 in ex-vessel revenue from 

landings of darkblotched rockfish itself. 

However, reducing the catch of species 

that co-occur with darkblotched 

rockfish to stay within a 100 mt OY in 

2006 would mean a reduction in exvessel revenues from co-occurring slope 

species by several million dollars. Exvessel revenues should only be viewed 

as an indicator of economic impacts to 

the vessels, their crew, and owners. 

Taking into account the additional 

impact to processors, support 

businesses, and West Coast 

communities means an additional effect 

that is roughly 20–40 percent higher 

than the ex-vessel revenue impact. 

For example, preliminary catch 

estimates from 2005 show that 100 mt 

of darkblotched rockfish had been 

caught incidentally to the slope trawl 

fishery by late August. Had the portion 

of the fishery that catches darkblotched 

rockfish closed upon attainment of 100 

mt of darkblotched rockfish, the cost to 

the bottom trawl fleet would have been 

approximately $3.5 million in foregone 

ex-vessel revenue, or approximately 18 

percent of total bottom trawl ex-vessel 

revenue in the area north of 40°10′ N. 

lat. in 2005. In comparison, 

approximately 100 mt of darkblotched 

rockfish had been caught by mid-June in 

2004, and had the portion of the bottom 

trawl fishery that catches darkblotched 

rockfish been closed upon attainment of 

100 mt of darkblotched rockfish, 

approximately $6.5 million in ex-vessel 

revenues would have been lost, or 

approximately 38 percent of total 

bottom trawl ex-vessel revenues in the 

area north of 40°10′ N. lat. for that year. 

Limited entry bottom trawl 

regulations implemented in this final 

rule in place for 2006 are designed to 

distribute catch of target species more 

evenly throughout the year. In 2005, 

catch was distributed more heavily 

toward the early part of the year. Based 

on analysis applying regulations 

implemented by this rule to the fishery 

and incidental catch patterns, NMFS 

expects that the fishery will take 100 mt 

of darkblotched rockfish by August 

2006. If the slope trawl fishery were 

closed in August 2006, the bottom trawl 

fleet would lose 25–36 percent of total 

bottom trawl ex-vessel revenues from 

the more abundant species that could be 

taken during the remaining months in 

the area north of 40°10′ N. lat. Based on 

total exvessel revenues in that area in 

the past several years, this is likely to 

mean a loss of $4.2 to $6.5 million just 

in ex-vessel revenues in that area. 

If NMFS were to structure the 2006 

season toward both maintaining a year 

round bottom trawl fishery and 

attaining the highest level of ex-vessel 

revenues without exceeding 100 mt of 

darkblotched rockfish, we estimate the 

cost to the fleet would be a loss of $3.2 

to $6.0 million in ex-vessel revenues. 

This somewhat lower loss is in 

comparison to the $4.2 to $6.5 million 

loss that we expect would occur if the 

bottom trawl fishery were to close on 

attainment of 100 mt of darkblotched 

rockfish. Achieving a year-round bottom 

trawl fishery with a 100 mt 

darkblotched OY for 2006 would require 

inseason changes to regulations in May 

2006. For purposes of analysis, NMFS 

assumed that the regulatory changes 

under these conditions would be 

designed to keep the NovemberDecember deepwater petrale sole 

fishery, to continue to allow harvest of 

thornyheads in waters deeper than 

where darkblotched rockfish occur, and 

to allow harvest of sablefish and Dover 

sole scheduled by management 

measures in this final rule during 

November-December in waters deeper 

than where darkblotched rockfish occur. 

These declines in landings of the more 

abundant stocks that co-occur with 

darkblotched rockfish and in associated 

ex-vessel revenue would most severely 

affect the vessels, processing plants, and 

ports with reliance upon and 

investment in the trawl slope 

groundfish fisheries north of 40°10′ N. 

lat. NMFS expects that the following 

ports would be most vulnerable to 

vessel bankruptcy and forfeitures and 

processing plant closures, if the 

darkblotched OY was set to 100 mt in 

2006: Blaine, Bellingham, Neah Bay, 

and Westport, Washington; Astoria, 

Newport, Coos Bay, and Brookings, 

Oregon; and Eureka, and Crescent City, 

California. Within these ports, the 

bottom trawl fishery would be most 

affected. In 2005 the bottom trawl 

fishery in these ports generated 

approximately $18 million in ex-vessel 

revenue compared with a combined $32 

million for bottom and midwater trawl 

and $46 million for all groundfish in 

these ports. 

As stated above, NMFS and the 

Pacific Council intend to review and 

revise all of the rebuilding plans in 

advance of the 2007–2008 fishing 

period. For 2006, NMFS continues to 

support a darkblotched rockfish OY of 

200 mt. The difference in rebuilding 

times between setting an OY for 2006 at 

200 mt versus 100 mt, and maintaining 

darkblotched mortality at the 

corresponding spawner per recruit 

harvest rate each year until the stock is 

rebuilt, is less than half a year, while the 

estimated economic impacts from this 

reduction on the fishing industry and 

coastal communities is on the order of 

several millions of dollars lost each year 

until the stock is rebuilt. Therefore, 

NMFS does not support reducing the 

darkblotched OY below 200 mt in 2006. 

NMFS also disagrees with the second 

commenter’s statement that the agency 

is violating the Magnuson-Stevens Act. 

This interim reduction in the OY will 

prevent potential mortality that could 

occur if the current OY of 294 mt 

remains in place. This interim measure 

is consistent with section 305(c) of the 

Magnuson-Stevens Act in establishing 

interim measures until the revised longterm rebuilding plan is developed 

through the Council process and 

implemented by NMFS. This interim 

measure is not intended to be the longterm rebuilding OY; however, as 

explained above, this OY level provides 

for continued rebuilding through 2006. 

Finally, the third commenter 

suggested that harvest levels for all 

species be cut by one-half in 2006 and 

by 10 percent for each subsequent year. 

The darkblotched rockfish OY for 2006 

has been cut via this action by 

approximately one-third from the 2006 

OY NMFS had implemented on January 

1, 2005 (69 FR 77012, December 23, 

2004). The proposed rule for this action 

did not consider revisions to 2006 

harvest levels for species other than 

darkblotched rockfish. The Pacific 

Council and its collaborating agencies 

are developing harvest level and 

management measure recommendations 

for 2007–2008 via a public process 

during spring 2006. NMFS expects to 

propose a rule for public review and 

comment on the 2007–2008 harvest 

specifications and management 

measures and the new rebuilding plans 

for overfished species in early fall 2006. 

Comment 6: NMFS did not consider 

an adequate range of alternatives to the 

2006 darkblotched rockfish OY, 

violating NEPA. 

Response: As stated in the proposed 

rule for this action (70 FR 75115, 

December 19, 2005), NMFS considered 

a variety of potential 2006 OYs, ranging 

from 0–696 mt. In addition, a 200–mt 

OY for darkblotched rockfish is within 

the range of alternatives analyzed in the 

2005–2006 Specs EIS, the EIS for 

Amendment 16–2, within the 

parameters of the darkblotched rockfish 

stock assessment and rebuilding 

analysis adopted by the Council in 

2005, and within the parameters of the 

rebuilding plan adopted under 

Amendment 16–2, which implemented 


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rebuilding plans for darkblotched 

rockfish and other overfished species. 

NMFS took into account the most recent 

darkblotched rockfish stock assessment 

and rebuilding analysis, the rebuilding 

plan, and the darkblotched OYs 

analyzed in the 2005–2006 Specs EIS. 

Therefore, NMFS did consider an 

adequate range of alternatives for 

darkblotched rockfish and did not 

violate NEPA. To reiterate what NMFS 

had stated in the proposed rule (70 FR 

75115, December 19, 2005), the intent of 

the adjusted 2006 darkblotched OY (200 

mt) is an interim measure while NMFS 

develops a revised rebuilding plan for 

darkblotched rockfish. The revised 

rebuilding plan and OYs for 2007–2008, 

which will be based on a new stock 

assessment for darkblotched rockfish 

completed in 2005, will be analyzed in 

an EIS being drafted in 2006. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA,) has determined 

that this extension is needed to 

maintain the lower darkblotched 

rockfish OY of 200 mt for the remainder 

of 2006, as an interim rebuilding 

measure for darkblotched rockfish, an 

overfished species. The interim 2006 

darkblotched rockfish OY is in response 

to a district court order addressing the 

court of appeals ruling in NRDC v. 

NMFS, 421 F.3d 872 (9th Cir. 2005). 

NMFS is currently developing a revised 

rebuilding plan for darkblotched 

rockfish through Amendment 16–4 and 

the 2007–2008 groundfish specifications 

and management measures process. The 

proposed rule for Amendment 16–4 and 

the 2007–2008 specifications and 

management measures is expected to 

publish in September 2006 with a final 

rule expected to publish in November 

2006, with an effective date of January 

1, 2007. Accordingly, the AA is 

extending the expiration date of this 

temporary rule through December 31, 

2006, after which the revised 

darkblotched rockfish rebuilding plan 

and corresponding OY will become 

effective for 2007 and beyond. 

This action continues interim 

measures implemented March 1, 2006 

(71 FR 8489, February 17, 2006), for 180 

days beyond the current expiration date 

of August 27, 2006, or until December 

31, 2006, whichever is sooner, because 

the conditions prompting the initial 

interim measures still remain. The 

public was provided with the 

opportunity to submit public comment 

on these measures in the rule published 

on February 17, 2006, and those 

comments and responses are repeated in 

the preamble to this action. Therefore, 

the AA finds that it would be 

impracticable and contrary to the public 

interest to delay the extension of these 

measures by providing additional 

opportunities for public comment, and 

finds good cause to waive additional 

public comments under 5 U.S.C. 

553(b)(B). 

For these same reasons, the AA finds 

good cause to waive the 30–day delayed 

effectiveness provision of the 

Administrative Procedures Act pursuant 

to 5 U.S.C. 553 (d)(3). 

In accordance with Executive Order 

13175, this temporary rule was 

developed after meaningful consultation 

and collaboration with the tribal 

representative on the Pacific Council 

and tribal officials from the tribes 

affected by this action. Under the 

Magnuson-Stevens Act at 16 U.S.C. 

1852(b)(5), one of the voting members of 

the Pacific Council must be a 

representative of an Indian tribe with 

federally recognized fishing rights from 

the area of the Council’s jurisdiction. 

The tribal representative on the Council 

made a motion to adopt the 

management measures in this final rule 

that would affect tribal fishery 

participants, which was passed by the 

Council. 

This temporary rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian fisheries. 

Dated: August 16, 2006. 

Samuel D. Rauch, III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

■ 2. In part 660, subpart G, Table 2a and 

Table 2b are revised to read as follows: 

BILLING CODE 3510–22–S 


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[FR Doc. 06–7072 Filed 8–21–06; 8:45 am] 

BILLING CODE 3510–22–C 


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