Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations 64165 

(ii) On-air third-party advertisements 

with Web site references to third-party 

Web sites; or 

(iii) Pages that are primarily devoted 

to multiple characters from multiple 

programs. 

Note 1: Commercial matter means air time 

sold for purposes of selling a product or 

service and promotions of television 

programs or video programming services 

other than children’s or other age-appropriate 

programming appearing on the same channel 

or promotions for children’s educational and 

informational programming on any channel. 

* * * * * 

■ 3. Section 73.671 is amended by 

revising paragraph (e)(3) and by 

removing paragraph (f) to read as 

follows: 

§ 73.671 Educational and informational 

programming for children. 

* * * * * 

(e) * * * 

(3) For purposes of the guideline 

described in paragraph (e)(2) of this 

section, at least 50 percent of the core 

programming counted toward meeting 

the additional programming guideline 

cannot consist of program episodes that 

had already aired within the previous 

seven days on either the station’s main 

program stream or on another of the 

station’s free digital program streams. 

This requirement does not apply to any 

program stream that merely time shifts 

the entire programming line-up of 

another program stream and, during the 

digital transition, to core programs aired 

on both the analog station and a digital 

program stream. 

* * * * * 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 4. The authority citation for part 76 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 317, 

325, 338, 339, 503, 521, 522, 531, 532, 533, 

534, 535, 536, 537, 543, 544, 544a, 545, 548, 

549, 552, 554, 556, 558, 560, 561, 571, 572, 

and 573. 

■ 5. Section 76.225 is amended by 

revising paragraphs (b) introductory 

text, (c), and (d), by adding paragraph 

(e), and by revising Note 1 to § 76.225 

to read as follows: 

§ 76.225 Commercial limits in children’s 

programs. 

* * * * * 

(b) The display of Internet Web site 

addresses during program material or 

promotional material not counted as 

commercial time is permitted only if the 

Web site: 

* * * * * 

(c) If an Internet address for a Web 

site that does not meet the test in 

paragraph (b) of this section is displayed 

during a promotion in a children’s 

program, in addition to counting against 

the commercial time limits in paragraph 

(a) of this section the promotion must be 

clearly separated from program material. 

(d)(1) Entities subject to commercial 

time limits under the Children’s 

Television Act shall not display a Web 

site address during or adjacent to a 

program if, at that time, on pages that 

are primarily devoted to free 

noncommercial content regarding that 

specific program or a character 

appearing in that program: 

(i) Products are sold that feature a 

character appearing in that program; or 

(ii) A character appearing in that 

program is used to actively sell 

products. 

(2) The requirements of this paragraph 

do not apply to: 

(i) Third-party sites linked from the 

companies’ Web pages; 

(ii) On-air third-party advertisements 

with Web site references to third-party 

Web sites; or 

(iii) Pages that are primarily devoted 

to multiple characters from multiple 

programs. 

(e) The requirements of this section 

shall not apply to programs aired on a 

broadcast television channel which the 

cable operator passively carries, or to 

access channels over which the cable 

operator may not exercise editorial 

control, pursuant to 47 U.S.C. 531(e) 

and 532(c)(2). 

Note 1 to § 76.225: Commercial matter 

means air time sold for purposes of selling 

a product or service and promotions of 

television programs or video programming 

services other than children’s or other ageappropriate programming appearing on the 

same channel or promotions for children’s 

educational and informational programming 

on any channel. 

* * * * * 

[FR Doc. E6–18401 Filed 10–31–06; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 102606C] 

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 daily Atlantic bluefin tuna (BFT) 

retention limits for the Atlantic tunas 

General category should be adjusted to 

provide reasonable opportunity to 

harvest the General category November 

through January time-period subquota. 

Therefore, NMFS increases the daily 

BFT retention limits for the entire 

month of November, including previous 

scheduled Restricted Fishing Days 

(RFDs), to provide enhanced 

commercial General category fishing 

opportunities in all areas while 

minimizing the risk of an overharvest of 

the General category BFT quota. 

DATES: The effective dates for the 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 2006 BFT fishing year began 

on June 1, 2006, and ends May 31, 2007. 

The final initial 2006 BFT specifications 

and General category effort controls 

were published on May 30, 2006 (71 FR 

30619). These final specifications 

divided the General category quota 

among three subperiods (June through 

August, the month of September, and 

October through January) in accordance 

with the Highly Migratory Species 

Fishery Management Plan (1999 FMP) 

published in 1999 (May 29, 1999; 64 FR 

29090), and implementing regulations at 

§ 635.27. The final initial 2006 BFT 

specifications increased the General 

category retention limit to three fish for 

the June though August time-period, as 


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64166 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations 

well as established the following 

General category Restricted Fishing Day 

(RFD) schedule: all Saturday and 

Sundays from November 18, 2006, 

through January 31, 2007, and Thursday 

November 23, 2006, and Monday 

December 25, 2006, inclusive. Due to 

the large amount of available quota and 

the low catch rates, NMFS extended the 

three-fish retention limit through 

September (71 FR 51529, August 30, 

2006) and October (71 FR 58287, 

October 3, 2006) respectively to enhance 

fishing opportunities while minimizing 

the risk of exceeding available quota. On 

October 2, 2006, NMFS published a 

final rule implementing the 

Consolidated Highly Migratory Species 

Fishery Management Plan (HMS FMP) 

(71 FR 58058). Contained in the HMS 

FMP is a revised General category timeperiod subquota allocation scheme that 

has divided the coastwide General 

category into the following five distinct 

time-periods; June through August, 

September, October and November, 

December, and January of the following 

year. The effective date of these timeperiods and their associated subquota is 

November 1, 2006. 

Daily Retention Limits 

Pursuant to this action and the final 

initial 2006 BFT specifications, noted 

above, the daily BFT retention limits for 

Atlantic tunas General category are as 

follows: 

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS

Permit Category Effective Dates Areas BFT Size Class Limit 

General October 1, 2006, through October 31, 

2006, inclusive 

All Three BFT per vessel per day/trip, measuring 73 inches (185 cm) curved fork 

length (CFL) or larger 

November 1, 2006, through November 

30, 2006, inclusive 

All Three BFT per vessel per day/trip, measuring 73 inches (185 cm) curved fork 

length (CFL) or larger 

December 1, 2006, through January 31, 

2007, inclusive 

All One BFT per vessel per day/trip, measuring 73 inches (185 cm) CFL or larger 

Adjustment of General Category Daily 

Retention Limits 

Under § 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 a reasonable 

opportunity to harvest the quota for 

BFT. As part of the final specifications 

on May 30, 2006 (71 FR 30619), NMFS 

adjusted the commercial daily BFT 

retention limit, in all areas, for those 

vessels fishing under the General 

category quota, to three large medium or 

giant BFT, measuring 73 inches (185 

cm) or greater curved fork length (CFL), 

per vessel per day/trip. This retention 

limit, which was to remain in effect 

through August 31, 2006, inclusive, was 

extended through September and 

October through separate actions filed 

with the Federal Register. From 

November 1, 2006, through January 31, 

2007, inclusive, the General category 

daily BFT retention limit was scheduled 

to revert to one large medium or giant 

BFT per vessel per day/trip. 

The June through August, September, 

and soon to be effective October and 

November time-period subquota 

allocations for the 2006 fishing year 

total approximately 1,041.2 metric tons 

(mt). As of October 23, 2006, 94.5 mt 

have been landed in the General 

category and catch rates are less than 1.0 

mt per day. If catch rates remain at 

current levels and RFDs remain as 

scheduled, approximately 29 mt would 

be landed through November 30, 2006. 

This projection would bring June 

though November landings to 

approximately 123.5 mt, resulting in an 

underharvest of approximately 917.7 

mt. The October 2, 2006, final rule 

established stand-alone General 

category time-periods for the months of 

December and January. Each of these 

time-periods are allocated a portion of 

the coastwide General category, thereby 

ensuring fishing opportunities are 

provided in years where high catch rates 

are experienced. The quota carryover 

from the previous time-period 

subquotas, combined with the newly 

established December and January timeperiod subquota allocations, would 

allow for approximately 1,039.8 mt to be 

harvested through January 31, 2007. In 

combination with the subquota rollover 

from previous time-periods, scheduled 

RFDs, current catch rates, and the daily 

retention limit reverting to one large 

medium or giant BFT per vessel per day 

on November 1, 2006, NMFS anticipates 

the full October and November timeperiod subquota will not be harvested. 

Adding an excessive amount of unused 

quota from one time-period subquota to 

the subsequent time-period subquota is 

undesirable because it effectively 

changes the time-period subquota 

allocation percentages established in the 

HMS FMP and may contribute to 

excessive carry-overs to subsequent 

fishing years. In the past, however, the 

fishery has had the capability of 

increasing landings rates dramatically in 

the latter Fall and Winter months, 

particularly off southern states. If the 

fishery was to perform at these past 

levels with high landings rates 

(although not witnessed during the 

winter of 2005/2006), it may alleviate 

concern of excessive roll-overs from one 

fishing year to the next, but raises the 

possibility of unprecedented, and 

potentially unsustainable, catch rates 

during the winter fishery. 

The final initial 2006 BFT 

specifications scheduled a number of 

RFDs for the month of November, 

including all Saturdays and Sundays, as 

well as Thursday November 23, 2006. 

These RFDs were designed to provide 

for an extended late season, south 

Atlantic BFT fishery for the commercial 

handgear fishermen in the General 

category. For the reasons referred to 

above, NMFS has determined that the 

scheduled November RFDs are no 

longer required to meet their original 

purpose, and may in fact exacerbate low 

catch rates. Therefore, NMFS 

determined an increase in the General 

category daily BFT retention limit on 

those previously established RFDs for 

the month of November is warranted. 

NMFS has selected these days in order 

to give adequate advance notice to 

fishery participants. While catch rates 

have continued to be low so far this 

season, NMFS recognizes that they may 

increase at any time late in the season. 

In order to ensure equitable fishing 

opportunities in all areas, NMFS has not 

waived the RFDs scheduled in 

December and January at this time. If 


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Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations 64167 

catch rates continue to be low, some or 

all of the remaining previously 

scheduled RFDs may be waived as well. 

Therefore, based on a review of dealer 

reports, daily landing trends, available 

quota, revised time-periods, and the 

availability of BFT on the fishing 

grounds, NMFS has determined that an 

increase in the General category daily 

BFT retention limit effective from 

November 1, 2006, through November 

30, 2006, inclusive of previously 

scheduled RFDs for the month of 

November, is warranted. Thus, the 

General category daily retention limit of 

three large medium or giant BFT per 

vessel per day/trip (see Table 1) is 

extended through November 30, 2006, 

including all Saturdays and Sundays of 

November as well as Thursday 

November 23, 2006. From December 1, 

2006, through January 31, 2007, 

inclusive, the General category default 

daily BFT retention limit will be one 

large medium or giant BFT per vessel 

per day/trip will apply, unless further 

action is taken. 

NMFS anticipates that with a 

combination of the default retention 

limit starting on December 1, 2006, and 

the large amount of General category 

quota available, there will be sufficient 

quota for the coastwide General category 

season to extend through the winter 

months and allow for a southern 

Atlantic fishery to take place with 

minimal risk of landings exceeding 

available quota. However, to reduce the 

risks of excessive landings rates 

throughout December and January, 

NMFS has determined it necessary to 

only extend the three BFT daily 

retention limit for the one month of 

November and will re-examine the need 

to further extend the increased bag limit 

prior to newly established December 

and January time-periods based on 

landings rates and other fishery 

information. 

This adjustment is intended to 

provide a reasonable opportunity to 

harvest the U.S. landings quota of BFT 

while maintaining an equitable 

distribution of fishing opportunities, to 

help 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 daily retention 

limits and their duration after 

examining current and previous fishing 

year catch and effort rates, taking into 

consideration public comment on the 

annual specifications and inseason 

management measures for the General 

category received during the 2006 BFT 

quota specifications rulemaking process, 

and analyzing the available quota for the 

2006 fishing year. NMFS will continue 

to monitor the BFT fishery closely 

through dealer landing reports, the 

Automated Landings Reporting System, 

state harvest tagging programs in North 

Carolina and Maryland, and the Large 

Pelagics Survey. Depending on the level 

of fishing effort and catch rates of BFT, 

NMFS may determine that additional 

retention limit adjustments are 

necessary to ensure available quota is 

not exceeded or, to enhance scientific 

data collection from, and fishing 

opportunities in, all geographic areas. 

Closures or subsequent adjustments to 

the daily retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

the internet at www.hmspermits.gov, for 

updates on quota monitoring and 

retention limit adjustments. 

Classification 

The Assistant Administrator for 

NMFS (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 for the following reasons: 

NMFS has recently become aware of 

increased availability of large medium 

and giant BFT off southern New 

England and southern Atlantic fishing 

grounds from fishing reports and 

landings data from dealers. This 

increase in abundance provides the 

potential to increase General category 

landings rates if fishery participants are 

authorized to harvest three large 

medium or giant BFT per day. Although 

landings to date have been low (i.e., less 

than one mt per day) there is the 

potential for increased availability of 

BFT during the Fall to allow for an 

increase in fishery landing rates. The 

regulations implementing the HMS FMP 

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. 

Adjustment of retention limits, 

including waiving previously scheduled 

RFDs in the month of November, is also 

necessary to avoid excessive quota 

rollovers to subsequent General category 

time-period subquotas. Affording prior 

notice and opportunity for public 

comment to implement these retention 

limits is impracticable as it would 

preclude NMFS from acting promptly to 

allow harvest of BFT that are still 

available on the fishing grounds. 

Analysis of available data shows that 

the General category BFT retention limit 

may be increased for the Atlantic tuna 

General and HMS Charter/Headboat 

permit holders with minimal risks of 

exceeding the International Commission 

for the Conservation of Atlantic Tunas 

allocated quota. 

Delays in increasing the retention 

limits would be contrary to the public 

interest. Limited opportunities to 

harvest the respective quotas may have 

negative social and economic impacts to 

U.S. fishermen that either depend on 

catching the available quota within the 

time-periods designated in the HMS 

FMP, or depend on multiple BFT 

retention limits to attract individuals to 

book charters. For both the General and 

the HMS Charter/Headboat sectors, the 

retention limits must be adjusted as 

expeditiously as possible so the 

impacted sectors can benefit from the 

adjustment. 

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., current default retention 

limit is one fish per vessel/trip but this 

action increases that limit and allows 

retention of 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: October 26, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–9007 Filed 10–27–06; 2:36 pm] 

BILLING CODE 3510–22–S 


hsrobinson on PROD1PC76 with RULES