[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Rules and Regulations]
[Page 59406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc06-15]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 100406B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Western Aleutian District of the Bering Sea and
Aleutian Islands
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 Pacific ocean perch in the
Western Aleutian District of the Bering Sea and Aleutian Islands
(BSAI). NMFS is requiring that catch of Pacific ocean perch 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 Pacific ocean perch in this area
has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 4, 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 the Groundfish Fishery 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 CFR part 679.
The 2006 TAC of Pacific ocean perch in the Western Aleutian
District of the BSAI is 4,703 metric tons as established by the 2006
and 2007 harvest specifications for groundfish of the BSAI (71 FR
10870, March 3, 2006).
In accordance with Sec. 679.20(d)(2), the Administrator, Alaska
Region, NMFS, has determined that the 2006 TAC of Pacific ocean perch
in the Western Aleutian District of the BSAI has been reached.
Therefore, NMFS is requiring that further catches of Pacific ocean
perch in the Western Aleutian District of the BSAI 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
Western 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 October 3, 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: October 4, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-8570 Filed 10-4-06; 2:22 pm]
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