[Federal Register: August 8, 2006 (Volume 71, Number 152)]
[Rules and Regulations]
[Page 44931-44932]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au06-14]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216044-6044-01; I.D. 080206B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Central Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; prohibition of retention.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting retention of Pacific ocean perch in the
Central Regulatory Area of the Gulf of Alaska (GOA). NMFS is requiring
that catch of Pacific ocean perch in this area be
[[Page 44932]]
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 Pacific ocean perch in this area has
been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 3, 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
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (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 TAC of Pacific ocean perch in the Central Regulatory Area
of the GOA is 7,418 metric tons as established by the 2006 and 2007
harvest specifications for groundfish of the GOA (71 FR 10870, March 3,
2006).
In accordance with Sec. 679.20(d)(2), the Administrator, Alaska
Region, NMFS, has determined that the Pacific ocean perch TAC in the
Central Regulatory Area of the GOA has been reached. Therefore, NMFS is
requiring that further catches of Pacific ocean perch in the Central
Regulatory Area of the GOA be treated as 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 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 prohibition of retention of Pacific ocean perch in the
Central Regulatory Area of the GOA. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of July 27, 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: August 2, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-6756 Filed 8-3-06; 1:02 pm]
BILLING CODE 3510-22-S