Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Rules and Regulations 63703 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m., Saturday, August 

12, 2006, to 12 p.m., Wednesday, 

August 16, 2006. 

Areas 6, 7, and 7A: Open to net 

fishing from 10 p.m., Friday, August 11, 

2006, to 11:59 p.m., Sunday, August 13, 

2006. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m. on 

Monday, August 14 and on Tuesday, 

August 15, 2006. 

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m. on 

Monday, August 14 and on Tuesday, 

August 15, 2006. 

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m. on 

Tuesday, August 15, and on 

Wednesday, August 16, 2006. 

Order No. 2006–06: Issued 4 p.m., 

August 15, 2006. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m., Wednesday, 

August 16, 2006, to 12 p.m., Saturday, 

August 19, 2006. 

Areas 6, 7, and 7A: Open to net 

fishing from 4 a.m., Wednesday, August 

16, 2006 to 10 p.m., Thursday, August 

17, 2006. 

Order No. 2006–07: Issued 12:30 p.m., 

August 17, 2006. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m., 

Friday, August 18, 2006. 

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m., Friday, 

August 18, 2006. 

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m., 

Saturday, August 19, 2006. 

Order No. 2006–08: Issued 12:30 p.m., 

August 18, 2006. 

Treaty Indian Fisheries 

Areas 4B, 5, and 6C: Open for drift 

gillnets from 12 p.m., Saturday, August 

19, 2006 to 12 p.m., Wednesday, August 

23, 2006. 

Areas 6, 7, and 7A: Open to net 

fishing from 4 a.m., Monday, August 21, 

2006 to 10 p.m., Tuesday, August 22, 

2006. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 8 a.m. until 11:59 p.m., 

Wednesday, August 23, 2006. 

Areas 7 and 7A Purse Seine: Open to 

fishing from 5 a.m. until 9 p.m., 

Wednesday, August 23, 2006. 

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m., Sunday, 

August 20, 2006. 

Order No. 2006–09: Issued 4:30 p.m., 

August 22, 2006. 

All Citizen Fisheries 

Areas 7 and 7A: Scheduled fishery 

opening for Wednesday, August 23, 

2006 was rescinded. 

Order No. 2006–10: Issued 12:30 p.m., 

August 25, 2006. 

Treaty Indian Fishery 

Areas 4B, 5, 6C: Open for fishing from 

5 p.m. Friday, August 25, 2006 to 12:00, 

Wednesday, August 30, 2006. 

Areas 6, 7, 7A: Open for fishing 4 a.m. 

Monday, August 28, 2006 to 10 p.m. 

Tuesday, August 29, 2006. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 9 a.m. Wednesday, August 

30, 2006 to 1 a.m. Thursday, August 31, 

2006. 

Areas 7 and 7A Purse Seine: Open to 

fishing from 6 a.m. until 9 a.m., 

Wednesday, August 30, 2006. 

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. until 9 p.m., 

Wednesday, August 30, 2006. 

Order No. 2006–11: Issued 2:45 p.m. 

August 29, 2006. 

Treaty Indian Fisheries 

Areas 4B, 5, 6C: Open to fishing from 

12 p.m., Wednesday, August 30, 2006 to 

12 p.m., Saturday, September 2, 2006. 

Order No. 2006–12: Issued 12:30 p.m. 

September 1, 2006. 

Treaty Indian Fisheries 

Areas 4B, 5, 6C: Open for fishing from 

12 p.m., Saturday, September 2, 2006 to 

12 p.m., Saturday, September 9, 2006. 

Areas 6, 7, 7A: Open for net fishing 

4 a.m. Tuesday, September 5, 2006 to 8 

a.m. Wednesday, September 6, 2006. 

All Citizen Fisheries 

Areas 7 and 7A Gillnet: Open to 

fishing from 3 p.m. to 11 p.m. 

Wednesday, September 6, 2006. 

Areas 7 and 7A Purse Seine: Open to 

fishing from 8 a.m. to 11 a.m., 

Wednesday, September 6, 2006. 

Areas 7 and 7A Reef Net: Open to 

fishing from 5 a.m. to 9 p.m., 

Wednesday. September 6, 2006. 

Classification 

The Assistant Administrator for 

Fisheries NOAA (AA), finds that good 

cause exists for the inseason orders to be 

issued without affording the public 

prior notice and opportunity for 

comment under 5 U.S.C. 553(b)(B) as 

such prior notice and opportunity for 

comments is impracticable and contrary 

to the public interest. Prior notice and 

opportunity for public comment is 

impracticable because NMFS has 

insufficient time to allow for prior 

notice and opportunity for public 

comment between the time the stock 

abundance information is available to 

determine how much fishing can be 

allowed and the time the fishery must 

open and close in order to harvest the 

appropriate amount of fish while they 

are available. 

Moreover, such prior notice and 

opportunity for public comment is 

impracticable because not closing the 

fishery upon attainment of the quota 

would allow the quota to be exceeded 

and thus compromise the conservation 

objectives established preseason, and it 

does not allow fishers appropriately 

controlled access to the available fish at 

the time they are available. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date, required under 5 U.S.C. 553(d)(3), 

of the inseason orders. A delay in the 

effective date of the inseason orders 

would not allow fishers appropriately 

controlled access to the available fish at 

that time they are available. 

This action is authorized by 50 CFR 

300.97, and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 3636(b). 

Dated: October 25, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E6–18292 Filed 10–30–06; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 010319075–1217–02; I.D. 

101306A] 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Tilefish 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule, tilefish 

commercial quota adjustment. 

SUMMARY: NMFS announces that the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), has 

determined that the quota for the tilefish 

Part-time permit category has been 

exceeded for fishing year (FY) 2006, 

requiring an adjustment of the Part-time 

permit category quota for FY 2007. This 


cprice-sewell on PROD1PC66 with RULES
63704 Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Rules and Regulations 

action complies with the Fishery 

Management Plan for the Tilefish 

Fishery (FMP) and is intended to 

continue the rebuilding program in the 

FMP by taking into account previous 

overages of the tilefish quota. 

DATES: Effective November 1, 2006, 

through October 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Brian R. Hooker, Fishery Policy Analyst, 

(978) 281–9220. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations at 50 CFR 648.290(c) 

state that any overages of the quota for 

any tilefish limited access category that 

occur in a given fishing year will be 

subtracted from the quota for that 

category in the following fishing year. 

This same section also states that, if the 

tilefish harvest attributed to the open 

access Incidental permit category 

exceeds 5 percent of the total allowable 

landings (TAL) for a given fishing year, 

the trip limit for the Incidental category 

may be reduced the following year. In 

both of these instances, § 648.290(c) 

specifies that, if an adjustment is 

required, a notification of adjustment of 

the quota will be published in the 

Federal Register. 

The tilefish TAL for FY 2007 remains 

unchanged from FY 2006 at 1.995 

million lb (905 mt). The FMP requires 

that the TAL be divided between the 

three limited access tilefish permit 

categories after the TAL is reduced by 

5 percent to account for incidental 

tilefish landings (open-access Incidental 

permit category) as follows: Sixty-six 

percent (1,250,865 lb (466,875 kg)) to 

Full-time Tier 1; 15 percent (284,288 lb 

(106,108 kg)) to Full-time Tier 2; and 19 

percent (360,098 lb (163,338 kg)) to Parttime vessels. 

Based upon vessel reports and other 

information available as of October 20, 

2006, FY 2006 tilefish landings for 

limited access Part-time permit category 

were 453,033 lb (205,492 kg), resulting 

in an overage of 92,935 lb (42,155 kg). 

This overage amount is being deducted 

from the FY 2007 Part-time permit 

category quota through this action, 

which results in an adjusted quota of 

267,163 lb (121,183 kg) for this category 

in FY 2007. Adjustments to the 

remaining permit categories are not 

needed, and the FY 2007 quotas for 

these categories, therefore, remain status 

quo, including the Incidental trip limit 

for tilefish for FY 2007, which will 

remain at its default value of 300 lb (136 

kg). 

The FY 2006 tilefish Part-time permit 

category quota, the FY 2006 tilefish 

Part-time permit category landings, and 

the resulting overage of the FY 2006 

tilefish Part-time permit category quota 

are presented in Table 1. The resulting 

adjusted FY 2007 tilefish Part-time 

permit category commercial quota is 

presented in Table 2. 

TABLE 1.TILEFISH PART-TIME CATEGORY 2006 LANDINGS AND OVERAGE

Permit Category 

2006 Quota 2006 Landings 2006 Overage 

Lb kg1 Lb Kg1 Lb Kg1

Part-time 360,098 163,338 453,033 205,492 92,935 42,155 

1 Kilograms are as converted from pounds, and may not necessarily add due to rounding. 

TABLE 2. TILEFISH PART-TIME CATEGORY ADJUSTED FY 2007 QUOTA

Permit Category 

2007 Initial Quota 2007 Adjusted Quota 

Lb Kg1 Lb Kg1

Part-time 360,098 163,338 267,163 121,183 

1 Kilograms are as converted from pounds, and may not necessarily add due to rounding. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. Pursuant to 5 

U.S.C. 553(b)(B), the Assistant 

Administrator finds good cause to waive 

prior notice and opportunity for public 

comment, as notice and comment would 

be impracticable and unnecessary. The 

regulations under § 648.290(c) requires 

the Regional Administrator to subtract 

any overage of the quota for any tilefish 

limited access category from the quota 

for that category in the following fishing 

year. Accordingly, the action being 

taken by this temporary rule is 

nondiscretionary. The procedure being 

followed by this action was subject to 

public comment, but there is no 

discretion to modify this action based 

on public comment at this time. The 

rate of harvest of tilefish by the Parttime permit category is updated weekly 

on the internet at http:// 

www.nero.noaa.gov. Accordingly, the 

public is able to obtain information that 

would provide some advanced notice of 

a potential action as a result of a tilefish 

quota being exceeded during FY 2006. 

Further, the potential for this action was 

considered and open to public comment 

during the development of the tilefish 

FMP. Therefore, any negative effect the 

waiving of public comment may have 

on the public is mitigated by these 

factors. 

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

Dated: October 24, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–8981 Filed 10–26–06; 2:50 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060606148–6274–02; I.D. 

112805A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

Revision to the Final 2006 and 2007 

Harvest Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces revised 

final 2006 and 2007 harvest 

specifications for the ‘‘other species’’

complex in the Gulf of Alaska (GOA) by 


cprice-sewell on PROD1PC66 with RULES