10426 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

(2) Incomplete claim. When the 

Department receives an incomplete debt 

claim from a creditor agency, the 

Secretary shall return the debt claim 

with a notice that procedures under 5 

U.S.C. 5514 and 5 CFR part 550, subpart 

K, must be provided and a properly 

certified debt claim received before 

action will be taken to collect from the 

employee’s current pay account. 

(c) Review. The Secretary is not 

required or authorized to review the 

merits of the determination with respect 

to the amount or validity of the debt 

certified by the creditor agency. 

(d) Employees separating. If an 

employee begins separation action 

before the Department collects the total 

debt due the creditor agency, the 

following actions will be taken: 

(1) To the extent possible, the balance 

owed the creditor agency will be 

liquidated from a final salary check, or 

other final payments of any nature due 

the employee from the Department; 

(2) The Secretary will certify the total 

amount of the Department’s collection 

on the debt and send a copy of the 

certification to the employee and 

another copy to the creditor agency; and 

(3) If the Department’s collection does 

not fully satisfy the debt, and the 

Secretary is aware that the employee is 

entitled to payments from the Civil 

Service Retirement and Disability Fund, 

or other similar payments that may be 

due the employee from other Federal 

Government sources, the Secretary will 

provide written notification of the 

outstanding debt to the agency 

responsible for making such payments 

to the employee. The written 

notification shall state that the 

employee owes a debt, the amount of 

the debt, and that the provisions of this 

section have been fully complied with. 

The Department shall furnish a copy of 

this written notification to the creditor 

agency so that it can file a properly 

certified debt claim with the agency 

responsible for making such payments. 

(e) Employees who transfer to another 

paying agency. If, after the creditor 

agency has submitted a debt claim to the 

Department, the employee transfers 

from the Department to a different 

paying agency before the debt is 

collected in full, the Secretary shall: 

(1) Certify the total amount of the 

collection made on the debt; and 

(2) Furnish a copy of the certification 

to the employee and another copy to the 

creditor agency along with notice of the 

employee’s transfer. 

§ 33.13 Interest, penalties, and 

administrative costs. 

Debts owed to the Department shall 

be assessed interest, penalties and 

administrative costs in accordance with 

45 CFR 30.18. 

§ 33.14 Non-waiver of rights. 

An employee’s involuntary payment 

of all or any portion of a debt collected 

under this part shall not be construed as 

a waiver of any rights which the 

employee may have under 5 U.S.C. 5514 

or any other provision of law or 

contract, unless there are statutory or 

contractual provisions to the contrary. 

§ 33.15 Refunds. 

(a) The Secretary shall promptly 

refund any amounts paid or deducted 

under this part when: 

(1) A debt is waived or otherwise 

found not owing to the United States; or 

(2) The employee’s paying agency is 

directed by administrative or judicial 

order to refund amount deducted from 

the employee’s current pay. 

(b) Unless required or permitted by 

law or contract, refunds shall not bear 

interest. 

§ 33.16 Additional administrative 

collection action. 

Nothing contained in this part is 

intended to preclude the use of any 

other appropriate administrative 

remedy. 

Dated: November 27, 2006. 

Michael O. Leavitt, 

Secretary. 

[FR Doc. E7–4005 Filed 3–7–07; 8:45 am] 

BILLING CODE 4150–26–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060606150–6240–02; I.D. 

030107A] 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Modification of 

the Gear Restrictions and Georges 

Bank Yellowtail Flounder Trip Limits 

for the U.S./Canada Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; gear 

restriction, trip limit. 

SUMMARY: NMFS announces that the 

Administrator, Northeast (NE) Region, 

NMFS (Regional Administrator), is 

eliminating the haddock separator trawl 

requirement, which was temporarily 

implemented on June 19, 2006, for all 

limited access NE multispecies vessels 

fishing with trawl gear on a NE 

multispecies day-at-sea (DAS), and is 

reducing from 10,000 lb (4,536 kg) to 

5,000 lb (2,268 kg) the trip limit for 

Georges Bank (GB) yellowtail flounder 

for all NE multispecies vessels fishing 

without a haddock separator trawl on a 

NE multispecies DAS in the Eastern 

U.S./Canada Area. This temporary 

reduction in the GB yellowtail flounder 

trip limit is effective through April 30, 

2007. A projection based on available 

catch and discard information indicates 

that removal of the haddock separator 

trawl requirement and establishment of 

a 5,000–lb (2,268 kg) trip limit for GB 

yellowtail flounder in the Eastern U.S./ 

Canada Area will help vessels achieve 

the total allowable catch (TAC) limits 

established for the shared U.S./Canada 

stocks of cod, haddock, and yellowtail 

flounder while preventing the GB 

yellowtail flounder TAC from being 

exceeded before the end of the 2006 

fishing year on April 30, 2007. This 

action is therefore intended to provide 

increased opportunities to harvest the 

healthy Eastern GB haddock TAC and 

maximize the harvest of the GB 

yellowtail flounder. This action is 

authorized by the regulations 

implementing Framework 42 to the NE 

Multispecies Fishery Management Plan 

(FMP) under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Effective March 5, 2007, through 

April 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, (978) 281–9145, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: The U.S. 

portion of the U.S./Canada Area TACs 

for GB cod, GB haddock, and GB 

yellowtail flounder for the 2006 fishing 

year (May 1, 2006–April 30, 2007) were 

specified at 374 mt, 7,480 mt, and 2,070 

mt, respectively, on April 28, 2006 (71 

FR 25095). Pursuant to 

§ 648.85(a)(3)(iv)(E), once the available 

TAC for GB cod, GB haddock, or GB 

yellowtail flounder is projected to be 

caught, the Regional Administrator is 

required to close the Eastern U.S./ 

Canada Area to all NE multispecies DAS 

vessels for the remainder of the fishing 

year. The FMP requires trawl vessels 

issued a valid limited access NE 

multispecies permit and fishing under a 

NE multispecies DAS in the Eastern 

U.S./Canada Area to fish with either a 

haddock separator trawl or a flounder 

net. Prohibitions governing the gear 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10427 

requirements for the U.S./Canada 

Management Area are found at 

§ 648.14(a)(132). The regulations at 

§ 648.85(a)(3)(iv)(D) authorize the 

Regional Administrator to modify 

certain measures governing the 

harvesting of fish from the U.S./Canada 

Management Area, including gear 

requirements and trip limits, to prevent 

over-harvesting or under-harvesting the 

U.S. portion of the shared U.S./Canada 

TAC allocations. On June 19, 2006, (71 

FR 35199) the Regional Administrator 

required, on a temporary basis, that all 

limited access NE multispecies vessels 

fishing on a NE multispecies DAS with 

trawl gear in the Eastern U.S./Canada 

Area use a haddock separator trawl to 

prevent over-harvesting of the GB cod 

TAC under the authority granted by the 

regulations at § 648.85(a)(3)(iv)(D). At 

that time, based upon Vessel Monitoring 

System (VMS) reports and other 

information available, the Regional 

Administrator projected that the 2006 

Eastern U.S./Canada Area GB cod TAC 

would be caught before the end of the 

2006 fishing year, resulting in the 

premature closure of the Eastern U.S./ 

Canada Area and the potential underharvest of the available TACs for GB 

haddock and GB yellowtail flounder 

during the 2006 fishing year. Based on 

that information, the Regional 

Administrator required that all limited 

access NE multispecies vessels fishing 

in the Eastern U.S./Canada Area under 

a NE multispecies DAS with trawl gear 

use a haddock separator trawl to reduce 

catch and discards of GB cod. 

Based upon recent VMS reports and 

other available information, the 

Regional Administrator has projected 

that the current rates of harvest may 

result in the under-harvest of the 

available TACs for GB cod, GB haddock, 

and GB yellowtail flounder during the 

2006 fishing year. Based on this 

information, effective March 5, 2007, 

through April 30, 2007, the Regional 

Administrator is removing the 

temporary requirement that all limited 

access NE multispecies vessels fishing 

in the Eastern U.S./Canada Area under 

a NE multispecies DAS with trawl gear 

use a haddock separator trawl. The 

required use of the haddock separator 

trawl requires that certain performance 

incentives (cod 100 lb (45 kg)/DAS up 

to 1,000 lb (454 kg)/trip; all flounders 

combined 100 lb (45 kg)/DAS up to 500 

lb (227 kg)/trip; yellowtail flounder 25 

lb (11 kg)/DAS up to 250 lb (113 kg)/ 

trip; white hake 100 lb (45 kg)/DAS up 

to 1,000 lb (454 kg)/trip, and all skates 

combined 500 lb (227 kg)/trip) be 

adhered to. This requirement has 

restricted vessels from more fully 

harvesting the GB yellowtail flounder 

TAC. Removal of the haddock separator 

trawl requirement allows vessels to fish 

with either a haddock separator trawl or 

a flounder net. NE multispecies vessels 

may elect to continue using a haddock 

separator trawl rather than a flounder 

trawl net, but will be restricted to the 

gear performance incentives (trip limits) 

associated with the haddock separator 

trawl. Vessels electing to fish with a 

flounder net will be subject to the 

current trip limits with the exception 

noted below. The Western U.S./Canada 

Area is unaffected by this action. 

To reduce the risk of a derby fishery 

for GB yellowtail flounder and reduce 

the likelihood of attaining the GB 

yellowtail flounder TAC prior to the end 

of the 2006 fishing year, resulting in the 

premature closure of the Eastern U.S./ 

Canada Area and potential underharvest of the GB cod and GB haddock 

TACs, the Regional Administrator is 

reducing from 10,000 lb (4,536 kg) to 

5,000 lb (2,268 kg) the trip limit for GB 

yellowtail flounder for all limited access 

NE multispecies DAS vessels, fishing 

without a haddock separator trawl, 

when declaring into the Eastern U.S./ 

Canada Area, effective March 5, 2007, 

through April 30, 2007. For non-trawl 

gear vessels, this is a reduction from the 

current 10,000–lb (4,536–kg) trip limit. 

Classification 

This action is authorized 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 (AA) finds good 

cause to waive prior notice and 

opportunity for public comment for this 

action, because notice and comment 

would be impracticable and contrary to 

the public interest. The regulations at 

§ 648.85(a)(3)(iv)(D) grant the Regional 

Administrator the authority to modify 

gear requirements in the U.S./Canada 

Management Area and to adjust the GB 

yellowtail flounder trip limit to prevent 

over-harvesting or under-harvesting the 

GB yellowtail flounder TAC allocation. 

This action would remove the 

requirement that all NE multispecies 

DAS vessels fishing with trawl gear use 

a haddock separator trawl when fishing 

in the Eastern U.S./Canada Area (i.e., 

vessels will be allowed the use of a 

flounder trawl net or a haddock 

separator trawl net). Removing this 

restriction will provide additional 

opportunities to harvest the healthy 

Eastern GB haddock stock and 

maximize the harvest of the GB 

yellowtail flounder TAC specified for 

the Eastern U.S./Canada Area during the 

2006 fishing year. Given that 

approximately 30 percent of the GB 

yellowtail flounder TAC remains 

unharvested and the 2006 fishing year 

ends on April 30, 2007, the time 

necessary to provide for prior notice, 

opportunity for public comment, or 

delayed effectiveness would prevent the 

agency from helping to ensure that the 

2006 TAC for GB yellowtail flounder 

will be fully harvested. 

Reducing the GB yellowtail flounder 

trip limit from the current 10,000 lb 

(4,536 kg)/ trip to 5,000 lb (2,268 kg)/ 

trip for all limited access NE 

multispecies DAS vessels fishing in the 

Eastern U.S./Canada Area, when not 

fishing with a haddock separator trawl, 

is an ancillary measure necessary to 

help reduce the incentive for a derby 

fishery targeting GB yellowtail flounder 

in the Eastern U.S./Canada Area, and 

slow the harvest rate of GB cod and GB 

yellowtail flounder, while still allowing 

increased access to the relatively 

abundant Eastern GB haddock stock. 

Harvesting the GB yellowtail flounder 

TAC prior to the end of the 2006 fishing 

year would result in the premature 

closure of the Eastern U.S./Canada Area 

and could increase economic and social 

impacts to the industry beyond those 

analyzed for Amendment 13, because 

the full potential revenue from the 

available GB cod and GB haddock TACs 

in the U.S./Canada Management Area 

may not be realized. 

For the reasons specified above, and 

because this action relieves a restriction, 

the AA finds good cause, pursuant to 5 

U.S.C. 553(d)(3), to waive the entire 30–

day delayed effectiveness period for this 

action. A delay in the effectiveness of 

the gear requirement and trip limit 

modifications in this rule would prevent 

the agency from achieving a better 

balance between its obligations to 

prevent the TACs from being exceeded 

and facilitating the harvest of fish at a 

level that approaches optimum yield. 

Any such delay could lead to the 

negative impacts to the fishing industry 

described above. 

The rate of harvest of the GB 

yellowtail flounder TAC in the U.S./ 

Canada Management Area is updated 

weekly on the internet at http:// 

www.nero.noaa.gov. Accordingly, the 

public is able to obtain information that 

would provide at least some advanced 

notice of a potential action to provide 

additional opportunities to the NE 

multispecies industry to fully harvest 

the TAC for GB yellowtail flounder 

during the 2006 fishing year. Further, 

the potential for this action was 

considered and open to public comment 

during the development of Amendment 

13 and Framework 42. Therefore, any 

negative effect the waiving of public 

comment and delayed effectiveness may 


pwalker on PROD1PC71 with RULES
10428 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

have on the public is mitigated by these 

factors. 

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

Dated: March 1, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1067 Filed 3–2–07; 2:56 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

030207A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (18.3 meters 

(m)) length overall (LOA) using pot or 

hook-and-line gear in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the A season apportionment of the 2007 

total allowable catch (TAC) of Pacific 

cod to be harvested. 

DATES: Effective March 5, 2007, through 

2400 hrs, Alaska local time (A.l.t.), 

December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season apportionment of the 

2007 Pacific cod TAC specified for 

vessels using jig gear in the BSAI is 

1,263 metric tons (mt) as established by 

the 2007 and 2008 final harvest 

specifications for groundfish in the 

BSAI (72 FR 9451, March 2, 2007), for 

the period 1200 hrs, A.l.t., January 1, 

2007, through 1200 hrs, A.l.t., April 30, 

2007. See § 679.20(c)(3)(iii), 

§ 679.20(c)(5), § 679.20(a)(7)(i)(A), and 

§ 679.20(a)(7)(iii)(A)(3). 

The Acting Administrator, Alaska 

Region, NMFS, has determined that jig 

vessels will not be able to harvest 1,200 

mt of the A season apportionment of the 

2007 Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(i)(A) and 

§ 679.20(a)(7)(iii)(A)(3). Therefore, in 

accordance with § 679.20(a)(7)(ii)(C)(1), 

NMFS apportions 1,200 mt of Pacific 

cod from the A season jig gear 

apportionment to catcher vessels less 

than 60 feet (18.3 m) LOA using pot or 

hook-and-line gear. 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (72 FR 9451, March 2, 2007) are 

revised as follows: 63 mt to the A season 

apportionment for vessels using jig gear 

and 2,321 mt to catcher vessels less than 

60 feet (18.3 m) LOA using pot or hookand-line gear. 

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)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of Pacific cod 

specified for jig vessels to catcher 

vessels less than 60 feet (18.3 m) LOA 

using pot or hook-and-line gear. Since 

the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery, to 

allow the industry to plan for the fishing 

season, and to avoid potential 

disruption to the fishing fleet as well as 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of March 2, 2007. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 2, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–1084 Filed 3–5–07; 1:46 pm] 

BILLING CODE 3510–22–S 


pwalker on PROD1PC71 with RULES