[Federal Register: April 18, 2006 (Volume 71, Number 74)]
[Rules and Regulations]
[Page 19829-19830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap06-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 041206A]
Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole,
Flathead Sole, and ``Other Flatfish'' by Vessels Using Trawl Gear in
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 closing directed fishing for rock sole, flathead sole,
and ``other flatfish'' by vessels using trawl gear in the Bering Sea
and Aleutian Islands management area (BSAI). This action is necessary
to prevent exceeding the second seasonal allowance of the 2006 halibut
bycatch allowance specified for the trawl rock sole, flathead sole, and
``other flatfish'' fishery category in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 13, 2006,
through 1200 hrs, A.l.t., July 1, 2006.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 second seasonal allowance of the 2006 halibut bycatch allowance
specified for the trawl rock sole, flathead sole, and ``other
flatfish'' fishery category in the BSAI is 164 metric tons as
established by the 2006 and 2007 final harvest specifications for
groundfish in the BSAI (71 FR 10894, March 3, 2006).
In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska
Region, NMFS, has determined that the second seasonal allowance of the
2006 halibut bycatch allowance specified for the trawl rock sole,
flathead sole, and ``other flatfish'' fishery category in the BSAI has
been caught. Consequently, NMFS is closing directed fishing for rock
sole, flathead sole, and ``other flatfish'' by vessels using trawl gear
in the BSAI.
``Other flatfish'' includes Alaska plaice, as well as all other
flatfish species except for Pacific halibut (a prohibited species),
Greenland turbot, rock sole, yellowfin sole, flathead sole, and
arrowtooth flounder.
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
[[Page 19830]]
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 directed fishing for rock sole, flathead sole, and ``other
flatfish'' by 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 April 12, 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 12, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-3676 Filed 4-13-06; 3:20 pm]
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