68752 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02; I.D. 

112006D] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the trip limit 

in the commercial hook-and-line fishery 

for king mackerel in the northern 

Florida west coast subzone to 500 lb 

(227 kg) of king mackerel per day in or 

from the exclusive economic zone 

(EEZ). This trip limit reduction is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, November 27, 2006, through 

June 30, 2007, unless changed by further 

notification in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone 727–824–

5305, fax 727–824–5308, e-mail 

steve.branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota for the northern 

Florida west coast subzone is 168,750 lb 

(76,544 kg)(50 CFR 

622.42(c)(1)(i)(A)(2)(ii)). 

In accordance with 50 CFR 

622.44(a)(2)(ii)(B), from the date that 75 

percent of the northern Florida west 

coast subzone’s quota has been 

harvested until a closure of the 

subzone’s fishery has been effected or 

the fishing year ends, king mackerel in 

or from the EEZ may be possessed on 

board or landed from a permitted vessel 

in amounts not exceeding 500 lb (227 

kg) per day. 

NMFS has determined that 75 percent 

of the quota for Gulf group king 

mackerel from the northern Florida west 

coast subzone has been reached. 

Accordingly, a 500–lb (227–kg) trip 

limit applies to vessels in the 

commercial fishery for king mackerel in 

or from the EEZ in the northern Florida 

west coast subzone effective 12:01 a.m., 

local time, November 27, 2006. The 

500–lb (227–kg) trip limit will remain in 

effect until the fishery closes or until the 

end of the current fishing year (June 30, 

2007), whichever occurs first. 

The Florida west coast subzone is that 

part of the eastern zone south and west 

of 25° 20.4′ N. lat. (a line directly east 

from the Miami-Dade County, FL, 

boundary). The Florida west coast 

subzone is further divided into northern 

and southern subzones. The northern 

subzone is that part of the Florida west 

coast subzone that is between 26° 19.8′ 

N. lat. (a line directly west from the Lee/ 

Collier County, FL, boundary) and 87° 

31′06′′ W. long.(a line directly south 

from the Alabama/Florida boundary). 

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)(3)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure, if 

warranted. Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action in order to protect the fishery 

since the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment will require time and would 

potentially result in a harvest well in 

excess of the established quota. For the 

aforementioned reasons, the AA also 

finds good cause to waive the 30–day 

delay in the effectiveness of this action 

under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: November 21, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–9439 Filed 11–22–06; 2:52 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 112006C] 

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 December 

time-period subquota. Therefore, NMFS 

increases the daily BFT retention limits 

for the entire month of December, 

including previously 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 

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Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations 68753 

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 

well as established the following 

General category 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), October (71 FR 58287, 

October 3, 2006), and November (71 FR 

64165, November 1, 2006) to enhance 

fishing opportunities while minimizing 

the risk of exceeding available quota. 

Later, on October 2, 2006, NMFS 

published a final rule (71 FR 58058) 

implementing the Consolidated Highly 

Migratory Species Fishery Management 

Plan (HMS FMP). 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 through November, 

December, and January of the following 

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

was 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 November 1 - 30, 2006, inclusive All Three BFT per vessel per day/trip, measuring 73 inches (185 cm) curved fork 

length (CFL) or larger 

December 1 - 31, 2006, inclusive All Three BFT per vessel per day/trip, measuring 73 inches (185 cm) CFL or larger 

January 1 - 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, October, 

and November via separate actions 

published in the Federal Register. From 

December 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 October through November timeperiod subquota allocations for the 2006 

fishing year total approximately 1,041.2 

metric tons (mt). As of November 20, 

2006, 103.9 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 December 

RFDs remain as scheduled, 

approximately 28.0 mt would be landed 

through December 31, 2006. This 

projection would bring the June through 

December landings to approximately 

131.9 mt, resulting in an underharvest 

of approximately 909.3 mt. The October 

2, 2006, final rule (71 FR 58058) 

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 December 

time-period subquota allocation, would 

allow for approximately 969.8 mt to be 

harvested through December 31, 2006. 

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 December 1, 2006, 

NMFS anticipates the full December 

time-period 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 

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 

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 December, 

including all Saturdays and Sundays, as 

well as Monday December 25, 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 December RFDs are no longer 

required to meet their original purpose, 

and may in fact exacerbate low catch 

rates. Therefore, NMFS determined that 

an increase in the General category daily 

BFT retention limit on those previously 

established RFDs for the month of 

December is warranted. NMFS has 

selected these days in order to give 

adequate advance notice to fishery 

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68754 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Rules and Regulations 

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 January at this time. 

If 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 

December 1 through December 31, 2006, 

inclusive of previously scheduled RFDs 

for the month of December, 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 December 31, 2006, including 

all Saturdays and Sundays of December 

as well as Monday December 25, 2006. 

From January 1 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 January 1, 2007, 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 January, NMFS has 

determined it necessary to only extend 

the three BFT daily retention limit for 

the one month of December and will reexamine the need to further extend the 

increased bag limit prior to the newly 

established January time-period 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 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 winter 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 December, 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: November 22, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–9435 Filed 11–22–06; 2:52 pm] 

BILLING CODE 3510–22–S 

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