[Federal Register: February 24, 2006 (Volume 71, Number 37)]
[Rules and Regulations]
[Page 9479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe06-23]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 021606D]
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Central Aleutian District of 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 Atka mackerel in the
Central Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the A season allowance of the 2006 Atka mackerel total allowable catch
(TAC) in the Central Aleutian District of the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 18,
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 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 allowance of the 2006 Atka mackerel TAC in the Central
Aleutian District of the BSAI is 16,419 metric tons (mt) as established
by the 2005 and 2006 final harvest specifications for groundfish in the
BSAI (70 FR 8979, February 24, 2005).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2006
Atka mackerel TAC in the Central Aleutian District of the BSAI will
soon be reached. Therefore, the Regional Administrator is establishing
a directed fishing allowance of 16,369 mt, and is setting aside the
remaining 50 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 Atka
mackerel in the Central Aleutian District of the BSAI.
After the effective date of this closure the maximum retainable
amounts at Sec. 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 Atka mackerel in the Central Aleutian
District of 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 February 16, 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: February 21, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-1749 Filed 2-21-06; 2:49 pm]
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