[Federal Register: March 10, 2006 (Volume 71, Number 47)]
[Rules and Regulations]
[Page 12300-12301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr06-12]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 030706A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher 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 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 vessels using trawl gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 8, 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 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 vessels using trawl gear in the BSAI is 29,520 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 (Regional Administrator), has determined that the 2006
first seasonal allowance of the Pacific cod TAC specified for catcher
vessels using trawl gear in the BSAI will soon be reached. Therefore,
the Regional Administrator is establishing a directed fishing allowance
of 29,050 mt, and is setting
[[Page 12301]]
aside the remaining 470 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 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 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 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: March 7, 2006.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-2334 Filed 3-7-06; 1:44 pm]
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