[Federal Register: July 20, 2006 (Volume 71, Number 139)]
[Rules and Regulations]
[Page 41178]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy06-17]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 071706A]
Fisheries of the Exclusive Economic Zone Off Alaska; Squid 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; prohibition of retention.
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SUMMARY: NMFS is prohibiting retention of squid in the Bering Sea and
Aleutian Islands management area (BSAI). NMFS is requiring that catch
of squid in this area be treated in the same manner as prohibited
species and discarded at sea with a minimum of injury. This action is
necessary because the 2006 total allowable catch (TAC) of squid in the
BSAI has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 17, 2006,
until 2400 hrs, A.l.t., December 31, 2006.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 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 squid TAC in the BSAI is 1,084 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. 679.20(d)(2), the Administrator, Alaska
Region, NMFS, has determined that the 2006 squid TAC in the BSAI has
been reached. Therefore, NMFS is requiring that further catches of
squid in the BSAI be treated as a prohibited species in accordance with
Sec. 679.21(b).
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 a 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 prohibiting retention of squid 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 July 14, 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: July 17, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-6375 Filed 7-17-06; 2:17 pm]
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