[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Rules and Regulations]
[Page 40935]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy06-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 071306D]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by 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: Modification of a closure.
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SUMMARY: NMFS is reopening directed fishing for Pacific cod by vessels
using trawl gear in the Bering Sea and Aleutian Islands management area
(BSAI). This action is necessary to utilize the remaining amount of the
2006 halibut bycatch allowance specified for the trawl Pacific cod
fishery category in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 19, 2006,
through 2400 hrs, A.l.t., December 31, 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 2006 halibut bycatch allowance specified for the trawl Pacific
cod fishery category in the BSAI is 1,434 metric tons (mt) 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. 679.21(e)(7)(v), the directed fishery for Pacific cod by vessels
using trawl gear was closed effective 1200 hrs, A.l.t., June 8, 2006
(71 FR 34022, June 13, 2006), because it was determined that the 2006
halibut bycatch allowance specified for the trawl Pacific cod fishery
category in the BSAI had been caught.
NMFS determined on July 11, 2006, that 85 mt of halibut remain in
the 2006 halibut bycatch allowance specified for the trawl Pacific cod
fishery category in the BSAI. Therefore, in accordance with Sec.
679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), NMFS is terminating
the previous closure and is reopening directed fishing for Pacific cod
by vessels using trawl gear in the BSAI.
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 opening of Pacific cod by 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 July 11, 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. 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 13, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-6336 Filed 7-14-06; 1:44 pm]
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