66692 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 

the criteria are triggered and NMFS 

determines that a DAM restricted zone 

is appropriate. If NMFS were to provide 

prior notice and an opportunity for 

public comment upon the creation of a 

DAM restricted zone, the aggregated 

right whales would be vulnerable to 

entanglement which could result in 

serious injury and mortality. 

Additionally, the right whales would 

most likely move on to another location 

before NMFS could implement the 

restrictions designed to protect them, 

thereby rendering the action obsolete. 

Therefore, pursuant to 5 U.S.C. 

553(b)(B), the AA finds that good cause 

exists to waive prior notice and an 

opportunity to comment on this action 

to implement a DAM restricted zone to 

reduce the risk of entanglement of 

endangered right whales in commercial 

lobster trap/pot and anchored gillnet 

gear as such procedures would be 

impracticable. 

For the same reasons, the AA finds 

that, under 5 U.S.C. 553(d)(3), good 

cause exists to waive the 30–day delay 

in effective date. If NMFS were to delay 

for 30 days the effective date of this 

action, the aggregated right whales 

would be vulnerable to entanglement, 

which could cause serious injury and 

mortality. Additionally, right whales 

would likely move to another location 

between the time NMFS approved the 

action creating the DAM restricted zone 

and the time it went into effect, thereby 

rendering the action obsolete and 

ineffective. Nevertheless, NMFS 

recognizes the need for fishermen to 

have time to either modify or remove (if 

not in compliance with the required 

restrictions) their gear from a DAM zone 

once one is approved. Thus, NMFS 

makes this action effective 2 days after 

the date of publication of this document 

in the Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means upon 

issuance of the rule by the AA, thereby 

providing approximately 3 additional 

days of notice while the Office of the 

Federal Register processes the 

document for publication. 

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of the approved 

coastal management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state. 

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, Department of Commerce, 

provided notice of the DAM program 

and its amendments to the appropriate 

elected officials in states to be affected 

by actions taken pursuant to the DAM 

program. Federalism issues raised by 

state officials were addressed in the 

final rules implementing the DAM 

program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES). 

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866. 

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3) 

Dated: November 9, 2006. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 06–9226 Filed 11–13–06; 2:42 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 051017270–5339–02; I.D. 

083106D] 

Fisheries of the Northeastern United 

States; Atlantic Surfclam and Ocean 

Quahog Fishery; Quota Harvested for 

Maine Mahogany Quahog Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

annual quota for the Maine mahogany 

quahog fishery has been harvested. 

Commercial vessels operating under a 

limited access Maine mahogany quahog 

permit may not harvest Maine 

mahogany quahogs from the Maine 

mahogany quahog zone for the 

remainder of the fishing year (through 

December 31, 2006). Regulations 

governing the Maine mahogany quahog 

fishery require publication of this 

notification to advise the public of this 

closure. This closure does not apply to 

vessels with a Maine mahogany quahog 

permit that are fishing under an ocean 

quahog individual transferable quota 

(ITQ). 

DATES: Effective 0001 hrs local time, 

November 14, 2006, through 2400 hrs 

local time, December 31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Tobey Curtis, 978–281–9273; fax 978–

281–9135; email 

Tobey.Curtis@Noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

regulations governing the Maine 

mahogany quahog fishery appear at 50 

CFR part 648, subpart E. The annual 

quota for the harvest of mahogany 

quahogs within the Maine mahogany 

quahog zone for the 2006 fishing year 

was established at 100,000 Maine bu 

(35,150 hL), as stated in the final rule 

published on December 28, 2005 (70 FR 

76715). The Maine mahogany quahog 

zone is defined as the area bounded on 

the east by the U.S.-Canada maritime 

boundary, on the south by a straight line 

at 43° 50′ N. lat., and on the north and 

west by the shoreline of Maine. 

The Administrator, Northeast Region, 

NMFS (Regional Administrator) 

monitors the commercial Maine 

mahogany quahog quota for each fishing 

year using dealer and other available 

information to determine when the 

quota is projected to have been 

harvested. If the quota is projected to be 

reached, NMFS is required to publish 

notification in the Federal Register 

informing commercial vessel permit 

holders that, effective upon a specific 

date, the Maine mahogany quahog quota 

has been harvested and no commercial 

quota is available for harvesting 

mahogany quahogs by vessels 

possessing a limited access Maine 

mahogany quahog permit for the 

remainder of the year, from within the 

Maine mahogany quahog zone. This 

does not apply, however, to vessels with 

a Maine mahogany quahog permit that 

are fishing under an ocean quahog ITQ, 

and utilizing ITQ cage tags. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that the 

2006 Maine mahogany quahog quota has 

been harvested. Therefore, effective 

0001 hrs local time, November 16, 2006, 

further landings of Maine mahogany 

quahogs harvested from within the 

Maine mahogany quahog zone by 

vessels possessing a limited access 

Maine mahogany quahog Federal 

fisheries permit are prohibited through 

December 31, 2006. The 2007 fishing 


rmajette on PROD1PC67 with RULES1
Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations 66693 

year for Maine mahogany quahog 

harvest will open on January 1, 2007. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: November 8, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–9228 Filed 11–13–06; 2:42 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 051014263–6028–03; I.D. 

110706A] 

Fisheries off West Coast States; 

Pacific Coast Groundfish Pacific Coast 

Groundfish Fishery; End of the Pacific 

Whiting Primary Season for the 

Catcher-processor Sector 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishing restrictions; request for 

comments. 

SUMMARY: NMFS announces the end of 

the 2006 Pacific Whiting (whiting) 

Primary Season for the catcherprocessor sector at 4 pm local time (l.t.) 

November 3, 2006, because the 

allocation for the catcher-processor 

sector is projected to have been reached 

by that time. This action is intended to 

keep the harvest of whiting within the 

2006 allocation levels. 

DATES: Effective from 4 pm l.t. 

November 3, 2006, until the start of the 

2007 primary season for the catcherprocessor sector, unless modified, 

superseded or rescinded. Comments 

will be accepted through December 1, 

2006. 

ADDRESSES: You may submit comments, 

identified by [I.D. 110706A], by any of 

the following methods: 

1.E-mail:. 

WhitingCPclosure.nwr@noaa.gov 

Include [I.D. 110706A] in the subject 

line of the message. 

2. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

3. Fax: 206–526–6736, Attn: Becky 

Renko. 

4. Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Becky 

Renko. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko at 206–526–6110. 

SUPPLEMENTARY INFORMATION: This 

action is authorized by regulations 

implementing the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), which governs the groundfish 

fishery off Washington, Oregon, and 

California. 

The regulations at 50 CFR 660.323(a) 

establish separate allocations for the 

catcher/processor, mothership, and 

shore-based sectors of the whiting 

fishery. For 2006, the 232,069–mt 

commercial harvest guideline for 

whiting is divided with the catcher/ 

processor sector receiving 78,903 mt (34 

percent); the mothership sector 

receiving 55,696 mt (24 percent); and 

the shore-based sector receiving 97,469 

mt (42 percent). 

Regulations at 50 CFR 660.373(b) 

describe the primary season for each 

sector. For catcher-processors, the 

primary season is the period when atsea processing is allowed and the 

fishery is open for the catcher-processor 

sector. When each sector’s allocation is 

reached, the primary season for that 

sector is ended. 

To prevent an allocation from being 

exceeded, regulations at 50 CFR 660.323 

(e) allow closure of the commercial 

whiting fisheries by actual notice to the 

fishery participants. Actual notice 

includes e-mail, internet, phone, fax, 

letter or press release. NMFS provided 

actual notice by fax to the catcher/ 

processors on November 3, 2006. 

NMFS Action 

This action announces achievement of 

the allocation for the catcher-processor 

sector only. The best available 

information indicated that the catcherprocessor allocation would be reached 

by 4 pm November 3, 2006, at which 

time the primary season for the catcher 

processor sector ends. 

For the reasons stated here and in 

accordance with the regulations at 50 

CFR 660.323(b), NMFS herein 

announces that, effective 4 pm 

November 3, 2006, further receiving or 

at-sea processing of whiting by catcherprocessors is prohibited. No additional 

unprocessed whiting may be brought on 

board after at-sea processing is 

prohibited, but a catcher-processor may 

continue to process whiting that was on 

board before at-sea processing was 

prohibited. 

Classification 

This action is authorized by the 

regulations implementing the FMP. The 

determination to take this action is 

based on the most recent data available. 

The Assistant Administrator for 

Fisheries, NMFS, finds good cause to 

waive the requirement to provide prior 

notice and opportunity for comment on 

this action pursuant to 5 U.S.C. 553 

(3)(b)(B), because providing prior notice 

and comment opportunity would be 

impracticable. It would be impracticable 

because if this closure were delayed in 

order to provide notice and comment, 

the fishery would be expected to greatly 

exceed the catcher-processor sector 

allocation and the OY for whiting. A 

delay to provide a cooling off period 

also would be expected to cause the 

fishery to exceed its allocation and the 

whiting OY. Therefore, good cause also 

exists to waive the 30–day delay in 

effectiveness requirement of 5 U.S.C. 

553 (d)(3). The aggregate data upon 

which the determination is based are 

available for public inspection at the 

Office of the Regional Administrator 

(see ADDRESSES) during business hours. 

This action is taken under the authority 

of 50 CFR 660.323 (b) and is exempt 

from review under Executive Order 

12866. 

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

Dated: November 09, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E6–19395 Filed 11–15–06; 8:45 am] 

BILLING CODE 3510–22–S 


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