4310 Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations 

Register within 30 days of a 

determination. 

§ 216.237 Modifications to a Letter of 

Authorization. 

(a) Except as provided in paragraph 

(b) of this section, no substantive 

modification (including withdrawal or 

suspension) to a Letter of Authorization 

issued pursuant to the provisions of this 

subpart shall be made by the National 

Marine Fisheries Service until after 

notification and an opportunity for 

public comment has been provided. A 

renewal of a Letter of Authorization 

under § 216.236 without modification is 

not considered a substantive 

modification. 

(b) If the Assistant Administrator 

determines that an emergency exists 

that poses a significant risk to the wellbeing of the species or stocks of marine 

mammals specified in § 216.230(b), a 

Letter of Authorization may be 

substantively modified without prior 

notification and an opportunity for 

public comment. Notification will be 

published in the Federal Register 

within 30 days of the action. 

Dated: January 19, 2006. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. 06–765 Filed 1–25–06; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 011906B] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined that 

the Atlantic bluefin tuna (BFT) General 

category daily retention limit for the 

final three restricted fishing days (RFD) 

should be adjusted. These General 

category RFDs are being waived to 

provide reasonable opportunity for 

utilization of the coastwide General 

category BFT quota. Therefore, NMFS 

waives the final three RFDs scheduled 

for January 2006, and increases the daily 

retention limit from zero to two large 

medium or giant BFT on these 

previously designated RFDs. 

DATES: Effective dates for BFT daily 

retention limits are provided in Table 1 

under SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: Brad 

McHale, 978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. The 2005 General category BFT 

fishing season began on June 1, 2005, 

and ends January 31, 2006. The final 

initial 2005 BFT specifications and 

General category effort controls (June 7, 

2005; 70 FR 33033) established the 

following RFD schedule for the 2005 

fishing year: All Fridays, Saturdays, and 

Sundays from November 18, 2005, 

through January 31, 2006, and 

Thursday, November 24, 2005, 

inclusive, provided quota remained 

available and the fishery was open. 

RFDs are intended to extend the General 

category BFT fishery late into the 

southern Atlantic season. NMFS has 

determined that the BFT General 

category daily retention limit for the 

final three RFDs should be adjusted as 

described in Table 1 to provide 

reasonable opportunity to utilize the 

coastwide General category BFT quota. 

TABLE 1.—EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS

Permit Category Effective Dates Area BFT Size Class Limit 

Atlantic tunas General and HMS Charter/ 

Headboat (while fishing commercially). 

January 27, 28, and 29, 2006. All Two BFT per vessel per day/trip, measuring 73 inches (185 cm) CFL or larger. 

Adjustment of General Category Daily 

Retention Limits 

Under 50 CFR 635.23(a)(4), NMFS 

may increase or decrease the General 

category daily retention limit of large 

medium and giant BFT over a range 

from zero (on RFDs) to a maximum of 

three per vessel to allow for maximum 

utilization of the quota for BFT. NMFS 

has taken multiple actions during the 

2005 fishing year in an attempt to allow 

for maximum utilization of the General 

category BFT quota. On September 28, 

2005 (70 FR 56595), NMFS adjusted the 

commercial daily BFT retention limit 

(on non-RFDs), in all areas, for those 

vessels fishing under the General 

category quota, to two large medium or 

giant BFT, measuring 73 inches (185 

cm) or greater curved fork length (CFL), 

per vessel per day/trip, effective through 

January 31, 2006, inclusive, provided 

quota remained available and the 

fishery remained open. On November 9, 

2005 (70 FR 67929), NMFS waived the 

previously designated RFDs for the 

month of November; on December 16, 

2005 (70 FR 74712), NMFS waived 

designated RFDs for December 16–18, 

inclusive; on January 4, 2006 (71 FR 

273), NMFS waived designated RFDs for 

December 31, 2005, and January 1, 2006, 

inclusive; on January 9, 2006 (71 FR 

1395), NMFS waived RFDs for January 

7, 8, 13, 14, and 15, 2006; and on 

January 20, 2006 (71 FR 3245), NMFS 

waived the designated RFDs for January 

20, 21, and 22, 2006. The daily retention 

limit for all the above dates was 

adjusted to two large medium or giant 

BFT to provide reasonable opportunity 

to harvest the coastwide quota. 

On December 7, 2005 (70 FR 72724), 

NMFS adjusted the General category 

quota by conducting a 200 mt inseason 

quota transfer to the Reserve category, 

resulting in an adjusted General 

category quota of 708.3 mt. This action 

was taken to account for any potential 

overharvests that may occur in the 

Angling category during the 2005 

fishing year (June 1, 2005 through May 

31, 2006) and to ensure that U.S. BFT 

harvest is consistent with international 

and domestic mandates. 

Catch rates in the BFT General 

category fishery have generally been 

low, the average catch rate for December 

2005 and January 2006 is approximately 

3.0 mt/day. Based on a review of dealer 

reports, daily landing trends, available 

quota, weather conditions, and the 

availability of BFT on the fishing 

grounds, NMFS has determined that 

waiving the final three RFDs established 

for January 27, 28, and 29, 2006, and 

increasing the General category daily 

BFT retention limit on those RFDs is 

warranted to assist the fishery in 

accessing the available quota. Therefore, 

NMFS adjusts the General category 


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Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations 4311 

daily BFT retention limits for January 

27, 28, and 29, 2006, inclusive, to two 

large medium or giant BFT per vessel. 

The intent of this current adjustment 

is to provide additional opportunities to 

utilize the landings quota of BFT while 

helping to achieve optimum yield in the 

General category BFT fishery, to collect 

a broad range of data for stock 

monitoring purposes, and to be 

consistent with the objectives of the 

HMS FMP. 

Monitoring and Reporting 

NMFS selected the RFDs being 

waived after examining current fishing 

year catch and effort rates, previous 

fishing years’ catch and effort rates, 

forecasted weather patterns, and the 

available quota for the 2005 fishing year. 

NMFS will continue to monitor the BFT 

fishery closely through dealer landing 

reports until this fishery is closed. 

Fishermen may call the Atlantic Tunas 

Information Line at (888) 872–8862 or 

(978) 281–9260, or access the Internet at 

www.nmfspermits.com for updates on 

quota monitoring and retention limit 

adjustments. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that it is 

impracticable and contrary to the public 

interest to provide prior notice of, and 

an opportunity for, public comment on 

this action. 

The regulations implementing the 

1999 Fishery Management Plan (FMP) 

for Atlantic Tunas, Swordfish, and 

Sharks provide for inseason retention 

limit adjustments to respond to the 

unpredictable nature of BFT availability 

on the fishing grounds, the migratory 

nature of this species, and the regional 

variations in the BFT fishery. New 

information shows that landing rates are 

low and forecasted weather conditions 

are unfavorable for the upcoming open 

fishing days. Based on a review of 

recent information regarding the 

availability of BFT on the fishing 

grounds, dealer reports, daily landing 

trends, available quota, and weather 

conditions, NMFS has determined that 

this retention limit adjustment is 

warranted to increase access to available 

quota. 

Delays in waiving the selected RFDs, 

and thereby not increasing the General 

category daily retention limit, would be 

contrary to the public interest. Such 

delays would adversely affect those 

General category vessels that would 

otherwise have an opportunity to 

harvest BFT on an RFD and would 

further exacerbate the problem of low 

catch rates. Limited opportunities to 

access the General category quota may 

have negative social and economic 

impacts to U.S. fishermen that depend 

on catching the available quota. For the 

General category, the selected RFDs 

need to be waived as expeditiously as 

possible for the General category 

participants to be able to take advantage 

of the adjusted retention limits and plan 

accordingly. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction (i.e., waives a number of 

RFDs, thus increasing the opportunity to 

retain more fish), there is also good 

cause under 5 U.S.C. 553(d) to waive the 

30-day delay in effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: January 20, 2006. 

John H. Dunnigan 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–762 Filed 1–23–06; 2:32 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333–5040–02; I.D. 

012006A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2006 total 

allowable catch (TAC) of pollock for 

Statistical Area 610 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 22, 2006, through 

1200 hrs, A.l.t., March 10, 2006. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 A season allowance of the 2006 

TAC of pollock in Statistical Area 610 

of the GOA is 5,047 metric tons (mt) as 

established by the 2005 and 2006 

harvest specifications for groundfish of 

the GOA (70 FR 8958, February 24, 

2005). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2006 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 5,037 mt, and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 610 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

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

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

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

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 610 of 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 January 19, 

2006. 

The AA also finds good cause to 

waive the 30 day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 


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