[Federal Register: April 12, 2006 (Volume 71, Number 70)]
[Rules and Regulations]
[Page 18684]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap06-20]
[[Page 18684]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 040606B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Processor Vessels Using Pot 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 pot 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 pot
gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 8, 2006,
through 1200 hrs, A.l.t., September 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 appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
The 2006 and 2007 final harvest specification for groundfish in the
BSAI (71 FR 10894, March 3, 2006) and the adjustment on March 14, 2006
(71 FR 13777, March 17, 2006), allocated a directed fishing allowance
for Pacific cod of 1,749 metric tons to catcher processor vessels using
pot gear in the BSAI, for the period 1200 hrs, A.l.t., January 1, 2006,
through 1200 hrs, A.l.t., June 10, 2006.
In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that the 2006 A season allocation of Pacific cod
allocated as a directed fishing allowance to catcher processor vessels
using pot gear in the BSAI has been reached. Consequently, NMFS is
prohibiting directed fishing for Pacific cod by catcher processor
vessels using pot 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 pot 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 6, 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: April 7, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-3502 Filed 4-7-06; 2:38 pm]
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