Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51779 

vehicle would otherwise be attributed 

under S14.6.3.1. 

S14.7 Vehicles manufactured on or 

after September 1, 2012. (Higher 

maximum speed (56km/h (35 mph)) 

belted test requirement using 5th 

percentile adult female dummies). Each 

vehicle shall meet the requirements 

specified in S15.1(b) (in addition to the 

other requirements specified in this 

standard). However, vehicles that are 

manufactured in two or more stages or 

that are altered (within the meaning of 

49 CFR 567.7) after having been 

previously certified in accordance with 

Part 567 of this chapter may comply 

with the requirements specified in 

S15.1(a) instead of S15.1(b), if they are 

manufactured before September 1, 2013. 

* * * * * 

S15.1 Belted Test. 

(a) Each vehicle that is certified as 

complying with S14.1 or S14.2 shall, at 

each front outboard designated seating 

position, meet the injury criteria 

specified in S15.3 when tested under 

S16.1(a)(1). 

(b) Each vehicle that is certified as 

complying with S14.6 or S14.7 shall, at 

each front outboard designated seating 

position, meet the injury criteria 

specified in S15.3 when tested under 

S16.1(a)(2). 

* * * * * 

S16.1 General provisions. * * * 

(a) Belted test. 

(1) Vehicles certified to S14.1 or 

S14.2. Place a 49 CFR Part 572 Subpart 

O 5th percentile adult female test 

dummy at each front outboard seating 

position of a vehicle, in accordance with 

the procedures specified in S16.3 of this 

standard. Impact the vehicle traveling 

longitudinally forward at any speed, up 

to and including 48 km/h (30 mph), into 

a fixed rigid barrier that is 

perpendicular within a tolerance of ± 5 

degrees to the line of travel of the 

vehicle under the applicable conditions 

of S16.2 of this standard. 

(2) Vehicles certified to S14.6 or 

S14.7. Place a 49 CFR Part 572 Subpart 

O 5th percentile adult female test 

dummy at each front outboard seating 

position of a vehicle, in accordance with 

the procedures specified in S16.3 of this 

standard. Impact the vehicle traveling 

longitudinally forward at any speed, up 

to and including 56km/h (35 mph), into 

a fixed rigid barrier that is 

perpendicular within a tolerance of ± 5 

degrees to the line of travel of the 

vehicle under the applicable conditions 

of S16.2 of this standard. 

* * * * * 

PART 585—PHASE-IN REPORTING 

REQUIREMENTS 

■ 3. The authority citation for Part 585 

of Title 49 continues to read as follows: 

Authority: 49 U.S.C. 322, 30111, 30115, 

30117, and 30166; delegation of authority at 

49 CFR 1.50. 

■ 4. Section 585.14 is amended by 

redesignating paragraph (c) as (d) and 

adding new paragraph (c) to read as 

follows: 

§ 585.14 Definitions. 

* * * * * 

(c) Phase three of the advanced air 

bag reporting requirements of Standard 

No. 208 refers to the requirements set 

forth in S14.6 and S14.7 of Federal 

Motor Vehicle Safety Standard No. 208, 

49 CFR 571.208. 

* * * * * 

■ 5. Section 585.15 is amended by 

adding new paragraph (b)(3) and 

revising paragraph (d) to read as 

follows: 

§ 585.15 Reporting requirements. 

* * * * * 

(b) * * * 

(3) Within 60 days after the end of the 

production years ending August 31, 

2010, August 31, 2011, and August 31, 

2012, each manufacturer shall submit a 

report to the National Highway Traffic 

Safety Administration regarding its 

compliance with phase three of the 

advanced air bag requirements of 

Standard No. 208 for its vehicles 

produced in that production year. The 

report shall provide the information 

specified in paragraph (d) of this section 

and in § 585.2 of this part. 

* * * * * 

(d) Phase-in report content. 

(1) Basis for phase-in production 

requirements. For production years 

ending August 31, 2003, August 31, 

2004, August 31, 2005, August 31, 2007, 

August 31, 2008, August 31, 2009, 

August 31, 2010, and August 31, 2011, 

each manufacturer shall provide the 

number of vehicles manufactured in the 

current production year, or, at the 

manufacturer’s option, for the current 

production year and each of the prior 

two production years if the 

manufacturer has manufactured 

vehicles during both of the two 

production years prior to the year for 

which the report is being submitted. 

(2) Production of complying vehicles. 

Each manufacturer shall report for the 

production year for which the report is 

filed the number of vehicles, by make 

and model year, that meet the 

applicable advanced air bag 

requirements of Standard No. 208, and 

to which advanced air bag requirements 

the vehicles are certified. Provide this 

information separately for phase two 

and phase three of the advanced air bag 

reporting requirements. 

■ 6. Section 585.16 is revised to read as 

follows: 

§ 585.16 Records. 

Each manufacturer shall maintain 

records of the Vehicle Identification 

Number of each vehicle for which 

information is reported under 

§ 585.15(c)(1) until December 31, 2011. 

Each manufacturer shall maintain 

records of the Vehicle Identification 

Number of each vehicle for which 

information is reported under 

§ 585.15(d)(2) until December 31, 2013. 

Issued: August 23, 2006. 

Nicole R. Nason, 

Administrator. 

[FR Doc. 06–7225 Filed 8–30–06; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060621176–6219–02; I.D. 

052306A] 

RIN 0648–AU50 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Great South Channel Scallop 

Dredge Exemption Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

modify the regulations implementing 

the Northeast (NE) Multispecies Fishery 

Management Plan (FMP) to allow 

vessels issued either a General Category 

Atlantic sea scallop permit or a limited 

access sea scallop permit, when not 

fishing under a scallop days-at-sea 

(DAS) limitation, to fish for scallops 

with small dredges (combined width not 

to exceed 10.5 ft (3.2 m)) within the 

Great South Channel Scallop Dredge 

Exemption Area. This final rule 

responds to a request from the fishing 

industry to add this area to the list of 

exempted fisheries. The intent of this 

action is to allow small scallop dredge 

vessels to harvest scallops in a manner 

that is consistent with the bycatch 

reduction objectives of the FMP. 

DATES: Effective August 31, 2006. 


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51780 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

ADDRESSES: Copies of supporting 

documents, including the Regulatory 

Impact Review (RIR), the Initial 

Regulatory Flexibility Analysis (IRFA), 

and the Environmental Assessment (EA) 

prepared for this action are available 

from Patricia A. Kurkul, Regional 

Administrator, National Marine 

Fisheries Service, One Blackburn Drive, 

Gloucester, MA 01930. NMFS prepared 

a Final Regulatory Flexibility Analysis 

(FRFA), which is contained in the 

Classification section of the preamble of 

this final rule. Copies of the FRFA and 

the Small Entity Compliance Guide are 

available from the Regional 

Administrator, and are also available via 

the internet at http:// 

www.nero.nmfs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Tobey H. Curtis, Fishery Management 

Specialist, 978–281–9273, fax 978–281–

9135. 

SUPPLEMENTARY INFORMATION: 

Background 

Current regulations (implemented 

under Framework Adjustment 9 and 

expanded under Amendment 7 to the 

FMP) contain a multispecies fishing 

mortality and bycatch reduction 

measure that is applied to the Gulf of 

Maine (GOM), Georges Bank (GB), and 

Southern New England (SNE) 

Exemption Areas. A vessel may not fish 

in these areas unless it is fishing under 

a NE multispecies or a scallop days-atsea (DAS) allocation, is fishing with 

exempted gear, is fishing under the 

Small Vessel Handgear (A or B) or 

Party/Charter permit restrictions, or is 

fishing in an exempted fishery. The 

procedure for adding, modifying, or 

deleting fisheries from the list of 

exempted fisheries is found in 50 CFR 

648.80. A fishery may be exempted by 

the Regional Administrator (RA), after 

consultation with the New England 

Fishery Management Council (Council), 

if the RA determines, based on available 

data or information, that the bycatch of 

regulated species of groundfish is, or 

can be reduced to, less than 5 percent 

by weight of the total catch, and that 

such exemption will not jeopardize the 

fishing mortality objectives of the FMP. 

On October 25, 2005, a request was 

submitted on behalf of the General 

Category scallop fleet to establish an 

additional exempted scallop dredge 

fishery in the GOM/GB Exemption Area 

in the vicinity of traditional scalloping 

grounds within the area known as the 

Great South Channel, off Cape Cod, MA. 

Neither the GOM Scallop Dredge 

Exemption Area, established in 

Framework 21 to the FMP (February 

1997), nor the SNE Scallop Dredge 

Exemption Area, established in 

Amendment 13 to the FMP (April 2004), 

include this area within their exemption 

programs. 

Bycatch analyses conducted by NMFS 

for all observed scallop trips (both 

General Category and limited access 

scallop vessels) demonstrate that the 

exempted fishery described below meets 

the requirements of the regulations in a 

discrete area of the Great South 

Channel, in a portion of the initially 

requested area. On July 6, 2006, a 

proposed rule was published in the 

Federal Register (71 FR 38352) 

soliciting public comment. The 

proposed rule and EA discuss these 

analyses in greater detail. This final rule 

addresses the public comments that 

were received during the comment 

period, which ended on July 21, 2006. 

Based on some of the received 

comments, NMFS is slightly modifying 

the final rule with regard to the 

boundaries of the exemption area 

described in the proposed rule. This 

final rule exempts a slightly larger area 

around the Great South Channel, which 

includes an area of bottom identified as 

important to the General Category 

scallop fleet, and from which observer 

data were available that indicated low 

bycatch rates. This additional area was 

included in another alternative as 

reflected in the Comments section. 

Approved Management Measures 

Great South Channel Scallop Dredge 

Exemption Area 

Based on the analysis of available 

data, the bycatch of regulated species by 

scallop dredge vessels is less than 5 

percent, by weight, of the total catch in 

the Great South Channel. Therefore, the 

RA has determined that an exempted 

scallop dredge fishery in a specifically 

defined portion of the Great South 

Channel meets the exemption 

requirements specified in § 648.80(a)(8). 

At this time, there are not sufficient data 

to determine if a scallop dredge fishery 

in any other area would also meet the 

exemption requirements. 

Therefore, this final rule implements 

an exempted fishery for vessels fishing 

with General Category scallop permits, 

or limited access scallop permits not 

fishing under a DAS allocation, to use 

small dredges with a combined width 

not greater than 10.5 ft (3.2 m) in 

portions of the Great South Channel (see 

area definition below). This area will be 

referred to as the Great South Channel 

Scallop Dredge Exemption Area (GSC 

Area). Portions of the GSC Area will be 

seasonally closed to protect SNE, GB, 

and Cape Cod (CC)/GOM yellowtail 

flounder during their peak spawning 

periods. Peak spawning periods are 

defined in the EA prepared for 

Framework Adjustment 40–B to the 

FMP. The portion of the GSC Area that 

lies within statistical areas 525 and 526 

(SNE and GB yellowtail flounder stock 

areas) will be closed from April 1 

through June 30. The portion of the GSC 

that lies within statistical area 521 (CC/ 

GOM yellowtail flounder stock area) 

will be closed from June 1 through June 

30. 

Vessels fishing in this exemption that 

wish to land more than 40 lb (18.1 kg) 

of shucked (5 bu (1.76 hL) unshucked) 

scallops are required to have a Category 

1B General Category scallop permit, an 

operational Vessel Monitoring System 

(VMS), and are allowed to land a 

maximum of 400 lb (181.4 kg) of 

shucked (50 bu (17.62 hL) unshucked) 

scallops per trip. Vessels with a limited 

access scallop permit may also 

participate in the exemption when not 

fishing under a scallop DAS, and are 

restricted to the Category 1B General 

Category scallop permit regulations. 

These vessels are not allowed to fish for, 

possess on board, or land any fish 

species other than scallops. Other than 

the seasonal closures between April and 

June, these regulations are consistent 

with those of the existing scallop dredge 

exemption areas defined at 

§ 648.80(a)(11) and (b)(11). Regulations 

governing the scallop fishery can be 

found at § 648 subpart D. 

Comments and Responses 

NMFS received 25 comment letters on 

the proposed rule; 18 letters were from 

General Category scallop vessel owner/ 

operators, three were from industry 

representatives, one was from an 

individual, one was from a state-level 

fisheries management agency, one was 

from the Council, and one was from an 

environmental advocacy group. 

Although comments were received on 

the economic effects of the rule more 

generally, no public comments were 

received specifically on the economic 

analyses summarized in the IRFA. 

These comment letters could generally 

be divided into several main groups of 

similar comments, which are 

summarized below: 

Comment 1: Most letters from General 

Category scallop vessel owner/operators 

indicated strong support for the GSC 

Area as proposed. Their personal 

observations agree with the low 

observed groundfish bycatch rates 

described in the proposed rule. Many 

described the economic hardships that 

they have endured since learning the 

Great South Channel was prohibited for 

General Category scallop vessels, and 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51781 

requested that the area be opened as 

soon as possible. 

Response: The proposed rule and EA 

for this action identified that, based on 

the best available data, this exemption 

meets the bycatch requirements of the 

regulations (i.e., regulated multispecies 

bycatch is less than 5 percent of the 

total catch). The IRFA also described 

how the No Action alternative would 

have negative impacts on small entities 

in the affected communities. The RA 

has therefore approved the exemption 

and is implementing the GSC Area 

through this final rule. 

Comment 2: Four letters primarily 

support the establishment of the GSC 

Area, but requested that the boundaries 

be expanded to include one or two areas 

the commenters stated are important 

scallop fishing areas that were not 

included in the proposed rule. They 

stated that the spatial distribution of 

observed scallop dredge tows would 

support this expansion. The 

commenters indicated that the change 

in boundaries of the GSC Area should 

only be considered if it would not delay 

the implementation of the exemption; 

again citing economic hardship and a 

need to open the GSC Area as soon as 

possible. 

Response: NMFS reviewed the 

relevant data and found that an 

expansion of the GSC Area to include an 

area north of the northwest corner of 

Closed Area I was justified because of 

its relatively small size, and the fact that 

available data in this general area 

indicated low bycatch rates. This 

adjustment from the boundaries defined 

in the proposed rule are addressed in 

this final rule. This adjustment 

incorporates part of a larger potential 

exemption area which was analyzed as 

an alternative in the EA for this action. 

A more complete discussion of the 

justification and impacts of this 

modification are described in the EA, 

and were determined to not have any 

further significant impacts than 

previously identified in the draft EA. 

Comment 3: Many of the General 

Category scallop owner/operators 

argued that the GSC Area should be 

open solely because the limited access 

scallop fleet is already permitted to fish 

in the Great South Channel, and it is 

inequitable to prohibit General Category 

scallop vessels, which arguably have 

fewer impacts on habitat and fishery 

resources. 

Response: Because of the poor 

condition of many groundfish stocks, 

the NE multispecies regulations prohibit 

all vessels from fishing in the GOM, GB, 

and SNE Exemption Areas, unless the 

vessel is fishing under a groundfish or 

scallop DAS, is fishing with exempted 

gear, is fishing under the Small Vessel 

Handgear (A or B) or Party/Charter 

permit restrictions, or is fishing in an 

exempted fishery. An exempted fishery 

is a fishery where the bycatch of 

groundfish has been determined to be 

less than 5–percent of the total catch in 

that fishery. Under existing regulations, 

the General Category scallop fishery has 

only demonstrated that it would meet 

these bycatch requirements in the GOM 

and SNE Scallop Dredge Exemption 

Areas, and has therefore been limited to 

those specific areas. This final rule finds 

that this exempted fishery status now 

also applies to the Great South Channel. 

Additionally, although General Category 

effort expansion has not yet been 

specifically analyzed in the Atlantic Sea 

Scallop (Scallop) FMP, this action is not 

expected to result in increased effort in 

this fishery, but rather a redistribution 

of existing effort. The Council is also 

currently considering measures for 

General Category scallop vessels that 

would address issues with capacity, 

effort, and mortality in the long-term. 

Comment 4: The Council commented 

that it previously voted to support this 

exemption proposal if the RA found that 

the exemption would meet the bycatch 

and fishing mortality objectives of the 

regulations. The Council supports the 

establishment of the GSC Area as 

described in the proposed rule. 

Response: The regulations require that 

the RA consult with the Council before 

approving new exempted fisheries. The 

RA has found that the proposed 

exemption meets the requirements of 

the regulations, and the Council concurs 

with this determination. 

Comment 5: Two letters did not 

support the proposed rule to create the 

GSC Area. One letter did not provide 

any specific reasons for its arguments 

against the exemption. The other letter 

described its concerns in detail, citing 

the potentially negative impacts on 

habitat and bycatch species that the 

commenter believed could result from 

the increased dredge effort in the Great 

South Channel. This letter also 

proposed that NMFS should implement 

an annual bycatch quota in the GSC 

Area, similar to those utilized in the 

Scallop Access Area Program. 

Response: NMFS addressed the 

impacts that the proposed action would 

have on habitat and non-target species 

in the EA. It was acknowledged that this 

area provides important habitat for 

managed species of groundfish and that 

the proposed action will adversely 

impact EFH for those species. However, 

given the substantial amount of bottom 

trawling and dredging that already takes 

place in the area and the fact that the 

environment is naturally so dynamic, 

NMFS concluded that any additional 

adverse impacts that result from this 

action would be no more than minimal. 

Therefore, no management measures to 

mitigate for the adverse effects of this 

action are required (see 50 CFR 

600.815(a)(2)(ii)). The EA does not 

include any quantitative data that 

would indicate more exactly how much 

additional bottom contact would result 

from this action, but rather notes that 

there is not enough information 

available to make such a prediction. 

However, NMFS believes that the 

amount of bottom disturbance caused by 

the existing fishing activity and the 

natural disturbance caused by bottom 

currents and storms far exceeds the 

additional disturbance that would result 

from this action. Additionally, impacts 

will be minimized to the extent 

practicable by limiting the size of the 

dredge gear to 10.5 ft (3.2 m), and with 

comparatively low daily trips limits, 

which would result in less bottom 

contact. 

As pointed out by the commenter, 

several closed area alternatives were 

analyzed in Amendment 10 to the 

Scallop FMP that partially overlap with 

the proposed GSC Area. However, 

including the results of these analyses 

in the EA would not change the 

conclusions reached in the document. 

The commenter also suggested that this 

action could have a detrimental effect 

on the Habitat Area of Particular 

Concern (HAPC) designation process 

that is currently underway in New 

England. NMFS does not agree. This 

process is still in the very early stages. 

No management decisions that would 

affect fishing will be made until new 

HAPC areas are established. Until such 

time, fishing can continue in any 

potential HAPC. Allowing General 

Category scallop vessels into the GSC 

Area will not complicate the HAPC 

designation process or any subsequent 

decisions that would affect fishing in 

the area. 

As discussed above, based on the best 

available data, the bycatch of regulated 

multispecies in this exempted fishery is 

expected to be within the allowable 

limits defined in the regulations, and a 

seasonal closure to protect spawning 

yellowtail flounder will be 

implemented. Furthermore, the opening 

of the GSC Area is expected to 

redistribute the effort of the General 

Category scallop fishery, to some degree, 

from other areas where bycatch rates 

tend to be higher. With regard to annual 

bycatch quotas, such a measure is not 

warranted or practicable in an exempted 

fishery with very low bycatch rates. The 

observed bycatch rates in the adjacent 

Nantucket Lightship Scallop Access 


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51782 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

Area, similar to those calculated for the 

GSC Area, average less than 1 percent. 

Bycatch quotas could also pose negative 

social and economic effects by 

promoting rapid harvest rates to 

maximize landings before the quota is 

reached, as has been observed in the 

Scallop Access Area Program. A steady, 

long-term harvest rate would be more 

beneficial to the fishery as a whole, 

provided the bycatch rates remain low. 

Moreover, it would be impracticable to 

monitor on a real time basis, the very 

low bycatch levels in this fishery. The 

regulations allow for the periodic 

review and modification of exempted 

fisheries if it is determined that bycatch 

rates have risen above the acceptable 

thresholds. 

Changes From the Proposed Rule 

In § 648.80, paragraph (a)(18)(i) is 

revised to include new coordinates for 

the boundary of the GSC Area. 

In § 648.80, paragraph (a)(18)(ii)(D) is 

revised to include new coordinates for 

the boundary of the GSC CC/GOM 

Yellowtail Flounder Peak Spawning 

Closure. 

Classification 

NMFS has determined that this final 

rule is consistent with the FMP and 

determined that the rule is consistent 

with the Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Because § 648.80(a)(18) of this rule 

eliminates a prohibition on General 

Category scallop vessels fishing in the 

Great South Channel, thereby relieving 

a restriction, it is not subject to the 30- 

day delayed effectiveness provision of 

the APA pursuant to 5 U.S.C. 553(d)(1). 

The NE multispecies regulations at 

§ 648.80(a)(2)(viii) prohibit all vessels 

from fishing in the GOM/GB Exemption 

Area, unless the vessel is fishing under 

a groundfish or scallop DAS, is fishing 

with exempted gear, is fishing under the 

Small Vessel Handgear (A or B) or 

Party/Charter permit restrictions, or is 

fishing in an exempted fishery. Under 

existing regulations, the General 

Category scallop fishery has only 

demonstrated that it would meet these 

bycatch requirements in the GOM and 

SNE Scallop Dredge Exemption Areas, 

and has therefore been limited to those 

specific areas. This final rule finds that 

this exempted fishery status now also 

applies to the Great South Channel, 

thereby relieving the restrictions on 

General Category scallop vessels in this 

area. 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act, has prepared 

a FRFA in support of this action. The 

FRFA describes the economic impact 

that this final rule will have on small 

entities. The FRFA incorporates the 

economic impacts and analysis 

summarized in the IRFA for the 

proposed rule to implement the GSC 

Area (71 FR 38352), and the 

corresponding economic analyses 

prepared for this action in the EA and 

the RIR. The contents of these 

documents are not repeated in detail 

here. Copies of the IRFA, the RIR, and 

the EA are available upon request (see 

ADDRESSES). A description of the 

reasons for this action, the objectives of 

the action, and the legal basis for this 

final rule are found in the preamble to 

the proposed and final rules. 

There are no Federal rules that 

duplicate, overlap, or conflict with this 

final rule. This action will create a new 

scallop dredge exemption area for 

General Category scallop vessels in the 

GOM/GB Exemption Area. This action 

was compared to three different 

alternatives for the boundaries of the 

exemption area. Alternatives to the 

proposed exemption area included 

exempting all of statistical areas 521 and 

526, exempting the entirety of the GOM/ 

GB Exemption Area, and a No Action 

alternative, which would continue to 

prohibit General Category scallop 

dredge vessels from fishing outside of 

the existing scallop dredge exemption 

areas. 

Description and Estimate of the Number 

of Small Entities to Which This Rule 

Would Apply 

The Small Business Administration 

(SBA) defines a small commercial 

fishing entity as a firm with gross 

receipts not exceeding $4 million. As of 

March 2006, a total of 2,814 vessels had 

been issued open access General 

Category scallop permits in the NE 

region. Approximately 30 percent of 

these were issued a Category 1B permit, 

which allows up to 400 lb (181.4 kg) of 

scallop meats per trip, and are 

considered to be vessels that primarily 

rely on scallops for the bulk of their 

revenues. Any of these permitted 

vessels would be allowed to participate 

in this exemption program, but the area 

proposed to be exempt has traditionally 

been mostly fished by vessels from 

Massachusetts and Maine. Average 2005 

scallop revenues for General Category 

scallop vessels was $87,369 per vessel, 

though there was great variation from 

vessel to vessel, ranging from less than 

$7,000 to over $160,000 per vessel. The 

majority of these vessels also receive 

additional revenues from landings of a 

variety of other species. Each vessel in 

this analysis is treated as a single entity 

for purposes of size determination and 

impact assessment. All commercial 

fishing entities would fall under the 

SBA size standard for small commercial 

fishing entities. Therefore, there is no 

differential impact between large and 

small entities. A more complete 

description of the General Category 

fishery can be found in Framework 

Adjustment 18 to the Scallop FMP, 

available from the Council 

(www.nefmc.org). 

Economic Impacts of This Action 

The economic impacts of the action 

are expected to be positive. This action 

will open a valuable scallop fishing 

ground to the General Category scallop 

fleet, and allow the fleet to utilize these 

resources in a manner consistent with 

the bycatch and mortality objectives of 

the FMP. The demand for scallops has 

increased significantly in recent years, 

and revenues for General Category 

vessels are also expected to increase if 

the exemption area is approved. There 

is evidence that some General Category 

vessels have been fishing in this area for 

years, despite the fact that it is outside 

of the existing Scallop Dredge 

Exemption Areas. Their profits from 

scallop fishing have declined since 

access to this area was prohibited and 

enforced. The ports in Cape Cod and 

southern Massachusetts will be the most 

impacted, due to their proximity to the 

proposed exemption area. 

Economic Impacts of Other NonSelected Alternatives 

Three alternatives other than the 

preferred alternative were considered. 

The alternative that proposed to exempt 

the entirety of statistical areas 521 and 

526 throughout the year to General 

Category scallop vessels, and the 

alternative that proposed to exempt the 

much larger area of the GOM/GB 

Exemption Area year-round would also 

have positive impacts; possibly slightly 

more positive than the preferred 

alternative due to the larger exempted 

area and the lack of a closure period. 

These alternatives were rejected, 

however, due primarily to the lack of 

observer data needed to estimate the 

bycatch rates of regulated multispecies 

throughout these areas. The No Action 

alternative was the only alternative that 

could pose negative economic impacts 

by continuing to prohibit General 

Category scallop vessels from fishing in 

the Great South Channel. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51783 

1996 states that, for each rule for which 

an agency is required to prepare a 

FRFA, the agency shall publish one or 

more guides to assist small entities in 

complying with the rule, and shall 

designate such publications as ‘‘small 

entity compliance guides.’’ The agency 

shall explain the actions a small entity 

is required to take to comply with a 

rule. As part of this rulemaking process, 

a small entity compliance guide was 

prepared. The guide will be sent to all 

holders of permits issued for the 

Atlantic sea scallop fishery. In addition, 

copies of this final rule and guide (i.e., 

permit holder letter) are available from 

the Regional Administrator (see 

ADDRESSES). 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: August 25, 2006. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

RegulatoryPrograms, National Marine 

Fisheries Service. 

■ For the reasons stated in the preamble, 

50 CFR part 648 is amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.14, paragraph (a)(43) is 

revised to read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(a) * * * 

(43) Violate any of the provisions of 

§ 648.80, including paragraphs (a)(5), 

the small-mesh northern shrimp fishery 

exemption area; (a)(6), the Cultivator 

Shoal whiting fishery exemption area; 

(a)(9), Small-mesh Area 1/Small-mesh 

Area 2; (a)(10), the Nantucket Shoals 

dogfish fishery exemption area; (a)(11), 

the GOM Scallop Dredge Exemption 

Area; (a)(12), the Nantucket Shoals 

mussel and sea urchin dredge 

exemption area; (a)(13), the GOM/GB 

monkfish gillnet exemption area; (a)(14), 

the GOM/GB dogfish gillnet exemption 

area; (a)(15), the Raised Footrope Trawl 

Exempted Whiting Fishery; (a)(18), the 

Great South Channel Scallop Dredge 

Exemption Area; (b)(3), exemptions 

(small mesh); (b)(5); the SNE monkfish 

and skate trawl exemption area; (b)(6), 

the SNE monkfish and skate gillnet 

exemption area; (b)(8), the SNE mussel 

and sea urchin dredge exemption area; 

(b)(9), the SNE little tunny gillnet 

exemption area; and (b)(11), the SNE 

Scallop Dredge Exemption Area. Each 

violation of any provision in § 648.80 

constitutes a separate violation. 

* * * * * 

■ 3. In § 648.80, paragraphs (a)(3)(viii) 

and (a)(7)(ii) are revised, and paragraph 

(a)(18) is added to read as follows: 

§ 648.80 NE Multispecies regulated mesh 

areas and restrictions on gear and methods 

of fishing. 

* * * * * 

(a) * * * 

(3) * * * 

(viii) Other restrictions and 

exemptions. Vessels are prohibited from 

fishing in the GOM/GB Exemption Area 

as defined in paragraph (a)(17) of this 

section, except if fishing with exempted 

gear (as defined under this part) or 

under the exemptions specified in 

paragraphs (a)(5) through (7), (a)(9) 

through (16), (a)(18), (d), (e), (h), and (i) 

of this section; or if fishing under a NE 

multispecies DAS; or if fishing under 

the Small Vessel or Handgear A 

exemptions specified in § 648.82(u)(5) 

and (6), respectively; or if fishing under 

a scallop DAS in accordance with 

paragraph (h) of this section; or if 

fishing pursuant to a NE multispecies 

open access Charter/Party or Handgear 

permit, or if fishing as a charter/party or 

private recreational vessel in 

compliance with the regulations 

specified in § 648.89. Any gear on a 

vessel, or used by a vessel, in this area 

must be authorized under one of these 

exemptions or must be stowed as 

specified in § 648.23(b). 

* * * * * 

(7) * * * 

(ii) Vessels subject to the minimum 

mesh size restrictions specified in 

paragraphs (a)(3) or (4) of this section 

may transit through the Scallop Dredge 

Fishery Exemption Areas defined in 

paragraphs (a)(11) and (18) of this 

section with nets on board with a mesh 

size smaller than the minimum size 

specified, provided that the nets are 

stowed in accordance with one of the 

methods specified in § 648.23(b), and 

provided the vessel has no fish on 

board. 

* * * * * 

(18) Great South Channel Scallop 

Dredge Exemption Area. Vessels issued 

a limited access scallop permit that have 

declared out of the DAS program as 

specified in § 648.10, or that have used 

up their DAS allocations, and vessels 

issued a General Category scallop 

permit, may fish in the Great South 

Channel Scallop Dredge Exemption 

Area as defined under paragraph 

(a)(18)(i) of this section, when not under 

a NE multispecies or scallop DAS, 

provided the vessel complies with the 

requirements specified in paragraph 

(a)(18)(ii) of this section. 

(i) Area Definition. The Great South 

Channel Scallop Dredge Exemption 

Area is defined by the straight lines 

connecting the following points in the 

order stated (copies of a chart depicting 

the area are available from the Regional 

Administrator upon request): 

GREAT SOUTH CHANNEL SCALLOP

DREDGE EXEMPTION AREA

Point N. lat. W. long. 

GSC 1 ....... 42°06 [min] 69°40 [min] 

GSC 2 ....... 41°30 [min] 69°10 [min] 

GSC 3 ....... 41°30 [min] 69°23 [min] 

GSC 4 ....... 40°50 [min] 68°49.2 [min] 

GSC 5 ....... 40°50 [min] 69°29.46 [min] 

GSC 6 ....... 41°10 [min] 69°50 [min] 

GSC 7 ....... 41°10 [min] 70°00 [min] 

GSC 8 ....... 41°35 [min] 70°00 [min] 

GSC 9 ....... 41°35 [min] 69°40 [min] 

(ii) Requirements. (A) A vessel fishing 

in the Great South Channel Scallop 

Dredge Exemption Area specified in this 

paragraph (a)(18) may not fish for, 

possess on board, or land any species of 

fish other than Atlantic sea scallops. 

(B) The combined dredge width in use 

by, or in possession on board, vessels 

fishing in the Great South Channel 

Scallop Dredge Exemption Area may not 

exceed 10.5 ft (3.2 m), measured at the 

widest point in the bail of the dredge. 

(C) GSC SNE/GB Yellowtail Flounder 

Peak Spawning Closure. No vessel that 

qualifies under this exemption, as 

defined in this paragraph (a)(18), may 

fish for or possess Atlantic sea scallops 

in the part of the Great South Channel 

Scallop Dredge Exemption Area that lies 

within the SNE and GB yellowtail 

flounder stock areas (statistical areas 

525 and 526) between April 1 and June 

30, as defined by the straight lines 

connecting the following points in the 

order stated below. 

GSC SNE/GB YELLOWTAIL FLOUNDER

SPAWNING CLOSURE

Point N. lat. W. long. 

YTA 1 ..... 41°20 [min] 70°00 [min] 

YTA 2 ..... 41°20 [min] 69°50 [min] 

YTA 3 ..... 41°10 [min] 69°50 [min] 

YTA 4 ..... 41°10 [min] 69°30 [min] 

YTA 5 ..... 41°00 [min] 69°30 [min] 

YTA 6 ..... 41°00 [min] 68°57.58 [min] 

YTA 7 ..... 40°50 [min] 68°49.20 [min] 

YTA 8 ..... 40°50 [min] 69°29.46 [min] 

YTA 9 ..... 41°10 [min] 69°50 [min] 

YTA 10 ... 41°10 [min] 70°00 [min] 

YTA 11 ... (1) 70°00 [min] 

(1) Intersection of south-facing coastline of 

Nantucket, MA, and 70°00 [min] W. Long. 

(D) GSC CC/GOM Yellowtail Flounder 

Peak Spawning Closure. No vessel that 


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51784 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

qualifies under this exemption, as 

defined in this paragraph (a)(18), may 

fish for or possess Atlantic sea scallops 

in the part of the Great South Channel 

Scallop Dredge Exemption Area that lies 

within the CC/GOM yellowtail flounder 

stock area (statistical area 521) between 

June 1 and June 30 of each year, as 

defined by the straight lines connecting 

the following points in the order stated 

below. 

GSC CC/GOM YELLOWTAIL

FLOUNDER SPAWNING CLOSURE

Point N. lat. W. long. 

YTB 1 ........ 41°33.05 [min] 70°00 [min] 

YTB 2 ........ 41°20 [min] 70°00 [min] 

YTB 3 ........ 41°20 [min] 69°50 [min] 

YTB 4 ........ 41°10 [min] 69°50 [min] 

YTB 5 ........ 41°10 [min] 69°30 [min] 

YTB 6 ........ 41°00 [min] 69°30 [min] 

YTB 7 ........ 41°00 [min] 68°57.58 [min] 

YTB 8 ........ 41°30 [min] 69°23 [min] 

YTB 9 ........ 41°30 [min] 69°10 [min] 

YTB 10 ...... 42°06 [min] 69°40 [min] 

YTB 11 ...... 41°35 [min] 69°40 [min] 

YTB 12 ...... 41°35 [min] 70°00 [min] 

* * * * * 

■ 5. § 648.81, paragraph (g)(2)(iii) is 

revised to read as follows: 

§ 648.81 NE multispecies closed areas and 

measures to protect EFH. 

* * * * * 

(g) * * * 

(2) * * * 

(iii) That are fishing with or using 

scallop dredge gear when fishing under 

a scallop DAS, and provided that the 

vessel complies with the NE 

multispecies possession restrictions for 

scallop vessels specified at § 648.80(h); 

or when lawfully fishing in the Scallop 

Dredge Fishery Exemption Areas, as 

described in paragraphs (a)(11) and (18) 

of this section. 

* * * * * 

[FR Doc. 06–7270 Filed 8–25–06; 4:23 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

082506D] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species Fishery by Vessels Using 

Trawl Gear in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA), effective 2400 hrs, Alaska local 

time, September 1, 2006. This 

adjustment is necessary to allow a 12- 

hour fishery for species that comprise 

the shallow-water species fishery 

without exceeding the fourth seasonal 

apportionment of the 2006 Pacific 

halibut bycatch allowance specified for 

the shallow-water species fishery in the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 1, 2006, through 

2400 hrs, A.l.t., September 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The fourth seasonal apportionment of 

the 2006 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA is 150 

metric tons (mt) as established by the 

2006 and 2007 harvest specifications for 

groundfish of the GOA (71 FR 10870, 

March 3, 2006), for the period 1200 hrs, 

A.l.t., September 1, 2006, through 1200 

hrs, A.l.t., October 1, 2006. 

Regulations at § 679.23(b) specify that 

the time of all openings and closures of 

fishing seasons other than the beginning 

and end of the calendar fishing year is 

1200 hrs, A.l.t. Current information 

shows the expected trawl Pacific halibut 

bycatch rates observed in groundfish 

fisheries during the fourth season in the 

GOA to be 300 mt per day. The 

Administrator, Alaska Region, NMFS, 

has determined that the 2006 Pacific 

halibut bycatch allowance specified for 

the trawl fisheries could be exceeded if 

a 24-hour fishery were allowed to occur. 

NMFS intends that the halibut bycatch 

allowance not be exceeded and, 

therefore, will not allow a 24-hour 

directed fishery. NMFS, in accordance 

with §§ 679.25(a)(1)(i) and 

679.25(a)(2)(i)(A), is adjusting the trawl 

shallow-water species fishery in the 

GOA by prohibiting the fishery at 2400 

hrs, A.l.t., September 1, 2006, at which 

time directed fishing for shallow-water 

species by vessels using trawl gear in 

the GOA will be prohibited. This action 

has the effect of opening the fishery for 

12 hours. 

NMFS is taking this action to allow a 

controlled fishery to occur, thereby 

preventing the overharvest of the Pacific 

halibut bycatch allowance specified for 

the trawl shallow-water species fishery 

designated in accordance with the 2006 

and 2007 harvest specifications for 

groundfish in the GOA (71 FR 10870, 

March 3, 2006) and § 679.21(d). In 

accordance with § 679.25(a)(2)(iii), 

NMFS has determined that prohibiting 

directed fishing at 2400 hrs, A.l.t., 

September 1, 2006, after a 12 hour 

opening is the least restrictive 

management adjustment to allow the 

fishing industry opportunity to harvest 

species that comprise the shallow-water 

species fishery without exceeding the 

fourth seasonal apportionment of the 

2006 Pacific halibut bycatch allowance 

for the shallow-water species fishery in 

the GOA. Pursuant to § 679.25(b)(5), 

NMFS has considered data regarding 

inseason prohibited species bycatch 

rates observed in groundfish fisheries in 

the GOA in making this adjustment. 

The species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates and ‘‘other species.’’

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the inseason adjustment closing of 

the shallow-water species fishery by 

vessels using trawl gear in the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 25, 

2006. 

The AA also finds good cause to 

waive the 30-day delay in the effective 


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