69070 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations 

(c) Primary Constituent Elements. The 

primary constituent elements essential 

for conservation of the Southern 

Resident killer whale are: 

(1) Water quality to support growth 

and development; 

(2) Prey species of sufficient quantity, 

quality, and availability to support 

individual growth, reproduction, and 

development, as well as overall 

population growth; and (3) Passage 

conditions to allow for migration, 

resting, and foraging. 

(d) Sites owned or controlled by the 

Department of Defense. Critical habitat 

does not include the following areas 

owned or controlled by the Department 

of Defense, or designated for its use, in 

the State of Washington, including 

shoreline, nearshore areas around 

structures such as docks and piers, and 

marine areas: 

(1) Naval Undersea Warfare Center, 

Keyport; 

(2) Naval Ordnance Center, Port 

Hadlock (Indian Island); 

(3) Naval Fuel Depot, Manchester; 

(4) Naval Air Station, Whidbey Island; 

(5) Naval Station, Everett; 

(6) Naval Hospital Bremerton; 

(7) Fort Lewis (Army); 

(8) Pier 23 (Army); 

(9) Puget Sound Naval Ship Yard; 

(10) Strait of Juan de Fuca naval airto-surface weapon range, restricted area; 

(11) Strait of Juan de Fuca and 

Whidbey Island naval restricted areas; 

(12) Admiralty Inlet naval restricted 

area; 

(13) Port Gardner Naval Base 

restricted area; 

(14) Port Orchard Passage naval 

restricted area; 

(15) Sinclair Inlet naval restricted 

area; 

(16) Carr Inlet naval restricted area; 

(17) Port Townsend/Indian Island/ 

Walan Point naval restricted area; and 

(18) Crescent Harbor Explosive 

Ordnance Units Training Area. 

[FR Doc. 06–9453 Filed 11–28–06; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060808213–6300–02; I.D. 

073106C] 

RIN 0648–AU56 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; 2006 Georges Bank Cod Fixed 

Gear Sector Operations Plan and 

Agreement and Allocation of Georges 

Bank Cod Total Allowable Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces partial 

approval of an Operations Plan and 

Sector Contract titled ‘‘GB Cod Fixed 

Gear Sector Operations Plan and 

Agreement’’ (together referred to as the 

Sector Operations Plan), and the 

associated allocation of Georges Bank 

(GB) cod, consistent with regulations 

implementing Amendment 13, as 

modified by Framework Adjustment 

(FW) 42 to the Northeast (NE) 

Multispecies Fishery Management Plan 

(FMP) for fishing year (FY) 2006. The 

intent of this action is to allow regulated 

harvest of NE multispecies by the GB 

Cod Fixed Gear Sector (Fixed Gear 

Sector), consistent with the objectives of 

the FMP. 

DATES: Effective November 22, 2006, 

through April 30, 2007. 

ADDRESSES: Copies of the Sector 

Operations Plan and the Environmental 

Assessment (EA) are available upon 

request from the NE Regional Office at 

the following mailing address: George 

H. Darcy, Assistant Regional 

Administrator for Sustainable Fisheries, 

NMFS, Northeast Regional Office, 1 

Blackburn Drive, Gloucester, MA 01930. 

These documents may also be requested 

by calling (978) 281–9315. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, phone (978) 281–9145, fax 

(978) 281–9135, e-mail 

Mark.Grant@NOAA.gov. 

SUPPLEMENTARY INFORMATION: The final 

rule implementing Amendment 13 to 

the FMP (69 FR 22906, April 27, 2004) 

specified a process for the formation of 

sectors within the NE multispecies 

fishery and the allocation of total 

allowable catch (TAC) or days-at-sea 

(DAS) for specific NE multispecies, 

implemented restrictions that apply to 

all sectors, and authorized the first 

sector of the FMP (the GB Cod Hook 

Gear Sector). The final rule 

implementing FW 42 (71 FR 62156, 

October 23, 2006) creates the Fixed Gear 

Sector, the second approved sector of 

the FMP. Creation of the Fixed Gear 

Sector authorizes the Regional 

Administrator to allocate a GB cod TAC 

to the Fixed Gear Sector and exempt 

members from FMP restrictions on an 

annual basis. 

In accordance with the regulations 

that specify the process of sector 

approval, and in anticipation of 

approval of the Fixed Gear Sector, the 

Fixed Gear Sector submitted an initial 

version of the Sector Operations Plan 

and EA to NMFS on February 1, 2006. 

A final version was submitted on 

September 18, 2006. According to these 

documents, the Fixed Gear Sector will 

be overseen by a Board of Directors and 

a Sector Manager. Consistent with 

Amendment 13, the cod TAC for the 

Fixed Gear Sector is based upon the 

number of participants and their 

historic landings of GB cod. In addition, 

participating vessels will be required to 

fish under their Amendment 13 DAS 

allocations to account for any incidental 

groundfish species that they may catch 

while fishing for GB cod. The GB cod 

TAC is a ‘‘hard’’ TAC, meaning that, 

once the TAC is reached, Fixed Gear 

Sector vessels may not fish under a 

DAS, possess or land GB cod or other 

regulated species managed under the 

FMP (regulated species), or use gear 

capable of catching groundfish (unless 

fishing under charter/party or 

recreational regulations) for the 

remainder of the fishing year. 

Each Fixed Gear Sector member will 

be required to fish with jigs, demersal 

longline, handgear or gillnets; remain in 

the Fixed Gear Sector for the entire 

fishing year; and be confined to fishing 

in the Sector Area, which is that portion 

of the GB cod stock area north of 39o 

00’ N. lat. and east of 71o 40’ W. long. 

Fixed Gear Sector members will be 

required to comply with all pertinent 

Federal fishing regulations, unless 

specifically exempted by a Letter of 

Authorization (LOA), and with the 

provisions of the approved Operations 

Plan. Fixed Gear Sector members will be 

exempted from the GB cod possession 

limits, the requirements of the GOM cod 

trip limit exemption program, and the 

GB Seasonal Closure Area (when fishing 

with hook gear). 

On August 22, 2006, a proposed rule 

was published in the Federal Register 

(71 FR 48903) that requested comments 

on the Operations Plan and EA. The 


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Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations 69071 

proposed rule announced that the 

Operations Plan proposed a geographic 

area for the Fixed Gear Sector that was 

different from the Sector Area proposed 

in FW 42 and specifically solicited 

comments on the larger area proposed 

in the Operations Plan. The comment 

period closed on September 21, 2006. 

Two Fixed Gear Sector members have 

signed the 2006 Sector Contract. The GB 

cod TAC calculation is based upon the 

historic cod landings of the 

participating Fixed Gear Sector vessels, 

using all gear. The allocation percentage 

is calculated by dividing the sum of 

total landings of GB cod by Fixed Gear 

Sector members for FY 1996 through 

2001, by the sum of the total 

accumulated landings of GB cod 

harvested by all NE multispecies vessels 

for the same time period (2,240,110 lb 

(1,016.1 mt)/ 113,278,842 lb (51,382.4 

mt)). The resulting number is 1.98 

percent. Based upon the two 

prospective Fixed Gear Sector members, 

the Fixed Gear Sector TAC of GB cod 

will be 121 mt (1.98 percent of the U.S. 

portion of the fishery-wide GB cod 

target TAC of 6,132 mt). 

Disapproved Measure 

The proposed rule for FW 42 

specified the same geographic area for 

the Fixed Gear Sector (i.e., the Sector 

Area) as the area that was implemented 

in the Amendment 13 final rule for the 

GB Cod Hook Gear Sector. Conversely, 

the Fixed Gear Sector’s Operations Plan, 

Sector Agreement, and EA proposed a 

geographic area for the Fixed Gear 

Sector that was substantially different 

from this Sector Area. The geographic 

area proposed in the Operations Plan 

and Sector Agreement included the 

Sector Area, but extended it south to 35 

00’ N. lat. and west to the coast. The 

Operation’s Plan for the Fixed Gear 

Sector states that Fixed Gear Sector 

participants should be allowed to fish in 

an area larger than the GB Cod Hook 

Sector area in order to pursue an 

offshore gillnet fishery for monkfish. 

Because the goal of the Fixed Gear 

Sector is similar to the GB Cod Hook 

Sector, i.e., to target cod and other NE 

multispecies, the rationale to expand 

the Sector Area for participants in the 

Fixed Gear Sector for the purpose of 

targeting monkfish is not consistent 

with the objectives of the FMP and is, 

therefore, not justified in this action. 

Furthermore, expansion of this area 

must be implemented through the 

existing FMP framework adjustment 

process. 

Comments and Responses 

Thirty-three comments were received 

on this action. In addition, 36 comments 

sent in response to the proposed rule for 

FW 42, and which directly addressed 

the Operations Plan, were also 

considered for this action. Combined, 58 

separate entities commented on the 

Operations Plan (some entities 

submitted separate comments to both 

proposed rules). Only comments 

received before the deadline were 

considered. 

Comment letters were received from 

Associated Fisheries of Maine, the 

Maine Department of Marine Resources; 

the Cape Cod Commercial Hook 

Fishermen’s Association; the GB Cod 

Hook Sector; the Fixed Gear Sector; the 

Portland Fish Exchange; the Boards of 

Selectmen of Orleans, Harwich, 

Brewster, Chatham, and Yarmouth, MA; 

Representative William Delahunt; 

Massachusetts State Senator Robert 

O’Leary; the Downeast Initiative; the 

Conservation Law Foundation; AJ 

Marine Hydraulic Equipment; 

Environmental Defense; the National 

Environmental Trust; one recreational 

fisherman; three industry members not 

associated with a sector; and 36 

industry members associated with the 

two sectors. 

Comment 1: One commenter did not 

specifically address either the 

Operations Plan or EA, but opposed any 

expansion of commercial fishing and 

asserted that a portion of GB should be 

reserved for recreational fishermen. 

Response: Amendment 13 to the FMP 

established the process by which a 

group of individuals may form a sector. 

One of the requirements of this 

procedure is that all of the participating 

vessels are limited access NE 

multispecies permit holders. Reserving 

a portion of GB or any associated fish 

species as a sector is not a viable option 

under current regulations, nor is there 

any other mechanism by which a 

portion of the NE multispecies fishery 

or associated fishing area can be 

reserved for recreational fishers, since 

recreational fishers do not have a 

limited access NE Multispecies permit 

specific for their fishery. 

Comment 2: Fifty-one commenters 

supported the Fixed Gear Sector and 

approval of the Operations Plan. 

Generally, the commenters supported 

the idea of a sector because they felt it 

could help to reduce fishing waste, 

involve communities in management, 

and allow for greater responsibility and 

accountability in the fishing industry. 

Response: NMFS agrees and has 

approved the Fixed Gear Sector’s 

Operations Plan. 

Comment 3: Two commenters 

specified that the Fixed Gear Sector 

should be allowed access only to the GB 

Cod Hook Gear Sector Area, and two 

commenters believed that the expanded 

geographic area proposed in the Sector 

Operations Plan should be vetted by the 

Council prior to approval. Twenty-five 

comments were received on the 

proposed rule for FW 42, requesting that 

NMFS modify the Sector Area to reflect 

the larger area proposed by the Sector’s 

Operations Plan to facilitate pursuit of 

an offshore monkfish fishery. A further 

19 comments supported the expanded 

Sector Area proposed in the Operations 

Plan to direct effort away from the Gulf 

of Maine. Eight of the 19 comments 

specified that the expanded Sector Area 

proposed would allow the Fixed Gear 

Sector to maintain a traditional winter 

fishery focused on offshore monkfish 

while accounting for GB cod bycatch. 

Response: Because the goal of the 

Fixed Gear Sector is similar to the GB 

Cod Hook Gear Sector, i.e., to target cod 

and other NE multispecies, the rationale 

to expand the Sector Area for 

participants in the Fixed Gear Sector for 

the purpose of targeting monkfish is not 

consistent with the objectives of the 

FMP, and is, therefore, not justified. 

Furthermore, changing the geographic 

area of a sector needs to be considered 

by the New England Fishery 

Management Council (Council) and 

must be implemented through 

rulemaking under the framework 

adjustment process in the FMP. For 

these reasons, NMFS has disapproved 

expansion of the Sector Area for the 

Fixed Gear Sector. 

Comment 4: Six commenters believe 

that the Fixed Gear Sector should be 

required to have TACs for all species. 

One noted that input controls could 

have been proposed in lieu of TACs for 

all species. Two commenters also 

expressed concern that the Fixed Gear 

Sector will reduce the effectiveness of 

the net cap on pollock and monkfish. 

Two commenters expressed concern 

that the Fixed Gear Sector could cause 

redirected effort and impact other 

portions of the industry. 

Response: The assertion that a sector 

should be governed by a TAC for each 

species has previously been considered 

in the context of the GB Cod Hook Gear 

Sector. Because the Fixed Gear Sector 

would continue to be bound by both 

species-specific possession limits and 

DAS effort controls, TACs are 

unnecessary for each species. A TAC is 

issued for GB cod in lieu of possession 

limits. The comment suggesting that 

input controls could have been 

proposed in lieu of TACs is without 

merit because the Fixed Gear Sector has 

proposed input controls in the form of 

DAS and gear restrictions. Similarly, 

concerns regarding pollock and 

monkfish caps, and the potential for 


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69072 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations 

redirected effort are unfounded because 

the Fixed Gear Sector will continue to 

be bound by DAS and possession limits 

for all other species. Additionally, the 

Fixed Gear Sector may not fish under a 

DAS, possess or land GB cod or other 

regulated species managed under the 

FMP, or use gear capable of catching 

groundfish (unless fishing under 

recreational or charter/party regulations) 

once the Sector’s cod TAC is reached. 

Comment 5: One commenter believes 

that the TAC monitoring protocol 

proposed in the Sector’s Operations 

Plan is insufficient to ensure timely 

monitoring of monthly quotas and 

suggested that daily Vessel Monitoring 

System (VMS) reporting, standard for 

other parts of the industry, would be 

more effective than Vessel Trip Reports 

(VTRs) submitted monthly to NMFS. 

Response: The TAC monitoring 

system proposed by the Fixed Gear 

Sector is modeled after the system used 

by the GB Cod Hook Gear Sector. During 

3 years of operations this system has 

been successful at managing both the 

cod TAC and monthly quota. Further, 

the Sector Manager is empowered to 

require an observer be present at 

offloading of all catch to enhance 

monitoring. 

LOAs will be issued to members of 

the Fixed Gear Sector exempting them, 

conditional upon their compliance with 

the Sector Operations Plan, from the 

requirements of the GOM cod trip limit 

exemption program, the GB Seasonal 

Closure Area (when fishing with hook 

gear), and the GB cod possession limit 

restrictions, as specified in 

§§ 648.86(b)(4), 648.81(g), and 

648.86(b)(1) and (2), respectively. 

Classification 

NMFS has determined that this final 

rule is consistent with the FMP and is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act and other applicable laws. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

pursuant to 5 U.S.C 553(d)(3) to waive 

the 30-day delay in effectiveness. 

Formation of the Fixed Gear Sector is 

authorized by the final rule 

implementing FW 42, in accordance 

with procedures and requirements 

implemented by Amendment 13, and 

became effective on November 22, 2006 

(71 FR 62156). Creation of the Fixed 

Gear Sector allows the Regional 

Administrator to allocate a GB cod TAC 

to the Fixed Gear Sector and exempt 

Fixed Gear Sector members from FMP 

restrictions on an annual basis. 

Therefore, this action could not be taken 

prior to the effective date of FW 42, 

November 22, 2006. FW 42 was 

scheduled to take effect on May 1, 2006, 

the beginning of the 2006 fishing year; 

however, final adoption of FW 42 by the 

Council was delayed for several months, 

which substantially hindered the ability 

of NMFS to implement the rule in the 

expected time frame. Under the Sector 

allocation provisions specified in 

648.87(b)(1)(xii), vessels that fish under 

the DAS program outside the Sector 

allocation in a given fishing year may 

not participate in a Sector during the 

same fishing year. Thus, the two vessels 

that have agreed to participate in the 

Fixed Gear Sector have been prohibited 

from fishing in the groundfish DAS 

program since May 1, 2006, pending the 

creation of the Fixed Gear Sector. Each 

of the vessels that have agreed to 

participate in the Fixed Gear Sector 

possesses only two limited access 

permits: Lobster and groundfish. The 

lobster fishery, for which these vessels 

are permitted, is seasonal, with catches 

slowing during late fall and remaining 

low through the winter. Thus, while 

both of these vessels have been able to 

fish in the lobster fishery since May 1, 

2006, the seasonality of that fishery 

means that they are more dependent on 

groundfish for their livelihood at this 

time of year. 

Both vessels that have signed on to 

the Fixed Gear Sector are considered 

small vessels (<50 ft), which are more 

adversely impacted by weather 

conditions than other vessels. In 

addition, since these vessels are rigged 

for lobster and hook gear, they are what 

is referred to as ‘‘open’’ vessels (i.e., no 

shelter is available during fishing 

operations) and are exposed to the 

elements during fishing operations. In 

addition, the homeport of one vessel, 

Chatham, is notoriously dangerous to 

access, particularly during inclement 

weather. If they cannot begin to fish 

immediately, then they may effectively 

be deprived of the majority of the rest 

of the fishing season because of the 

likelihood of a great number of days of 

inclement weather.. At this point in the 

fishing year, there remain a limited 

number of groundfish days which will 

have weather in which these two vessels 

can safely travel to the Sector area on 

Georges Bank, and since they have 

already missed the bulk of the season, 

any further delay would deprive them of 

a meaningful chance to pursue their 

livelihood. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order (E.O.) 12866. This final 

rule does not contain policies with 

federalism or ‘‘takings’’ implications as 

those terms are defined in E.O. 13132 

and E.O. 12630, respectively. There are 

no Federal rules that duplicate, overlap, 

or conflict with this final rule. 

An EA has been prepared for this final 

rule in compliance with the National 

Environmental Policy Act (NEPA). In 

addition, an EA was prepared for FW 42 

to the FMP, which references the Fixed 

Gear Sector. Copies of both of these EAs 

may be obtained from the Regional 

Administrator (see ADDRESSES). 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act (RFA), 

prepared this Final Regulatory 

Flexibility Analysis (FRFA) in support 

of the 2006 GB Fixed Gear Sector 

Operations Plan and allocation of GB 

cod TAC. The FRFA incorporates the 

economic impacts summarized in the 

Initial Regulatory Flexibility Analysis 

(IRFA) included in the proposed rule 

and the corresponding analysis in the 

EA prepared for this action. A summary 

of the IRFA was published in the 

proposed rule for this action and is not 

repeated here. A description of why this 

action was considered, along with the 

objectives of, and the legal basis for, this 

rule are contained in the preamble to 

the proposed rule and are not repeated 

here. 

Summary of the Issues Raised by Public 

Comments in Response to the IRFA. A 

summary of the Assessment of the 

Agency of Such Issues, and a Statement 

of Any Changes Made from the 

Proposed Rule as a Result of Such 

Comments 

No comments pertaining to the IRFA 

or the economic impacts of the rule 

were received during the comment 

period for this action. 

Description of and Estimate of the 

Number of Small Entities to Which the 

Final Rule Would Apply 

All vessels issued a limited access NE 

multispecies permit and allocated DAS 

are eligible to participate in the Fixed 

Gear Sector. Although the nearly 1,000 

vessels issued a limited access NE 

multispecies permit and allocated DAS 

are eligible to participate in this Sector, 

it is expected that a substantially 

smaller number of vessels will actually 

participate in the Fixed Gear Sector. 

Due to delays in the review and 

approval of FW 42, to date, only two 

vessels have signed the 2006 Sector 

Contract. However, it is expected that 

approximately 23 vessels will 

participate in a proposed Fixed Gear 

Sector during FY 2007, based upon 

preliminary estimates. 

The Small Business Administration 

(SBA) size standard for small 

commercial fishing entities is $4 million 

in gross sales, and the size standard for 

small charter/party operators is $6.5 


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Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Rules and Regulations 69073 

million. Available data for FY 2004 

gross sales show that the maximum 

gross sales for any single commercial 

fishing vessel was $1.8 million, and the 

maximum gross sales for any affected 

party/charter vessel was $1.0 million. 

While an entity may own multiple 

vessels, available data make it difficult 

to determine which vessels may be 

controlled by a single entity. For this 

reason, each vessel is treated as a single 

entity for purposes of size determination 

and impact assessment. This means that 

all commercial and charter/party fishing 

entities would fall under the SBA size 

standard for small entities and, 

therefore, there is no differential impact 

between large and small entities. 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Final Rule 

This rule contains no collection-ofinformation requirements subject to the 

Paperwork Reduction Act. 

Description of Steps the Agency Has 

Taken to Minimize the Significant 

Economic Impact on Small Entities 

Consistent with the Stated Objectives of 

Applicable Statues 

Two alternatives were considered 

regarding the 2006 Fixed Gear Sector 

Operations Plan and allocation of GB 

cod TAC: The no-action alternative and 

the proposed alternative. Under the noaction alternative, all Fixed Gear Sector 

vessels would remain in the common 

pool of vessels and be subject to all of 

the regulations implemented by 

Amendment 13 and subsequent 

adjustments to the FMP, and would not 

be allocated any portion of the GB cod 

target TAC. The proposed alternative 

implemented by this action, enables 

vessels to fish under the restrictions of 

the Operations Plan summarized above 

and allocates a portion of the GB cod 

target TAC to Fixed Gear Sector vessels. 

Because cod usually represents a high 

proportion of total fishing income for 

gillnet and hookgear vessels, revenues 

for such vessel owners are very sensitive 

to changes in cod trip limits. As a result, 

the reduced number of available DAS 

and restrictive trip limits implemented 

by recent management actions such as 

FW 42 would result in revenue losses 

for Fixed Gear Sector vessels under the 

no-action alternative. In contrast, the 

2006 Sector Operations Plan includes a 

number of provisions that would allow 

Fixed Gear Sector vessels to remain 

economically viable, minimize vessel 

expenses, and maximize consistent 

revenue streams throughout the fishing 

year compared to the no-action 

alternative, without compromising 

conservation objectives of the FMP. 

Such provisions include the 

establishment of a hard TAC for GB cod 

landed by Fixed Gear Sector vessels, the 

even distribution of the allocated GB 

cod TAC throughout the fishing year, 

the ability to pool available DAS among 

Fixed Gear Sector vessels, and 

exemption from the GB Seasonal 

Closure Area for hook gear vessels. By 

facilitating the continued supply of 

groundfish, the preferred alternative 

allows Fixed Gear Sector vessels to 

maximize revenues from available 

fishing opportunities and, therefore, 

minimizes adverse economic impacts on 

small entities compared to the no-action 

alternative. 

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

Dated: November 22, 2006. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. 06–9452 Filed 11–24–06; 2:07 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060608158–6158–01; I.D. 

051806E] 

RIN 0648–AU47 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Emergency Rule 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action extended. 

SUMMARY: This rule continues 

management measures implemented by 

a June 16, 2006, emergency interim final 

rule that were set to expire on December 

13, 2006. In the June 16, 2006, 

emergency action, NMFS implemented 

an observer service provider program for 

the Atlantic sea scallop (scallop) fishery 

including criteria for becoming an 

approved observer service provider, 

observer certification criteria, 

decertification criteria, and observer 

deployment logistics. Through the 

emergency rule, NMFS re-activated the 

industry-funded observer program 

implemented under the Atlantic Sea 

Scallop Fishery Management Plan 

(FMP) through a scallop total allowable 

catch (TAC) and days-at-sea (DAS) setaside program that helps vessel owners 

defray the cost of carrying observers. 

Under the emergency action, scallop 

vessel owners, operators, or vessel 

managers are required to procure 

certified fishery observers for specified 

scallop fishing trips from an approved 

observer service provider. The 

emergency rule maintains the existing 

requirements for scallop vessel owners 

to pay for observers whether or not 

scallop TAC or DAS set-aside is 

available. This extension of the 

emergency rule ensures that observers 

can continue to be deployed in the 

scallop fishery throughout the year. 

DATES: The amendments in this rule to 

paragraphs (g), (h), and (i), are effective 

November 29, 2006, through June 11, 

2007. The emergency rule published 

June 16, 2006 (71 FR 34842), is 

extended from December 13, 2006, 

through June 11, 2007. 

ADDRESSES: Written comments 

regarding the burden-hour estimate or 

other aspects of the collection-ofinformation requirement contained in 

this rule should be submitted to the 

Regional Administrator at the address 

above and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Peter W. Christopher, Fishery Policy 

Analyst, 978–281–9288; fax 978–281–

9135. 

SUPPLEMENTARY INFORMATION: On June 

16, 2006, an emergency rule 

implemented an observer service 

provider certification program that 

enabled NOAA Fisheries Service to 

reactivate the Scallop FMP’s observer 

set-aside program. The emergency rule 

was necessary to resolve an issue with 

the observer program that rendered the 

Scallop FMP’s observer set-aside 

program inoperable. Further, the 

Northeast Fisheries Science Center’s 

(NEFSC’s) FY 2006 level of funding for 

the observer program provided for only 

minimal coverage in the scallop fishery, 

and that is not expected to change in FY 

2007. Additional background relative to 

the need for the action is included in 

the June 16, 2006, emergency rule, and 

is not repeated here. 

The emergency rule established a 

program that allows observer service 

providers to be certified by NOAA 

Fisheries Service to deploy observers on 

scallop vessels. Certified observer 

service providers are required to meet 

specified criteria in order to remain 

certified under the emergency rule. In 

addition, vessel owners are required to 

procure observers from an approved 

observer service provider and must pay 

for the observer. To help defray the 


cprice-sewell on PROD1PC66 with RULES