[Federal Register: March 15, 2006 (Volume 71, Number 50)]
[Rules and Regulations]
[Page 13304-13305]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr06-30]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 030906G]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Processor Vessels Using Trawl Gear 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher processor vessels using trawl gear in the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to
prevent exceeding the 2006 first seasonal allowance of the Pacific cod
total allowable catch (TAC) specified for catcher processor vessels
using trawl gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 12, 2006,
through 1200 hrs, A.l.t., April 1, 2006.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone 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
[[Page 13305]]
appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
The 2006 first seasonal allowance of the Pacific cod TAC specified
for catcher processor vessels using trawl gear in the BSAI is 21,086
metric tons (mt) as established by the 2006 and 2007 final harvest
specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006),
for the period 1200 hrs, A.l.t., January 1, 2006, through 1200 hrs,
A.l.t., April 1, 2006. See Sec. 679.20(c)(3)(iii), Sec. 679.20(c)(5),
and Sec. 679.20(a)(7)(i)(B).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS, has determined that the 2006 first seasonal allowance of
the Pacific cod TAC specified for catcher processor vessels using trawl
gear in the BSAI will soon be reached. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 20,586
mt, and is setting aside the remaining 500 mt as bycatch to support
other anticipated groundfish fisheries. In accordance with Sec.
679.20(d)(1)(iii), the Regional Administrator finds that this directed
fishing allowance has been reached. Consequently, NMFS is prohibiting
directed fishing for Pacific cod by catcher processor vessels using
trawl gear in the BSAI.
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
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 closure of Pacific cod by catcher processor vessels
using trawl gear in the BSAI. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of March 9, 2006.
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 Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 10, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-2505 Filed 3-10-06; 3:02 pm]
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