[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Rules and Regulations]
[Page 35835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn06-22]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216045-6045-01; I.D. 061506A]
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole 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 yellowfin sole in the
Bering Sea and Aleutian Islands management area (BSAI). This action is
necessary to prevent exceeding the 2006 yellowfin sole total allowable
catch (TAC) in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 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 yellowfin sole TAC in the BSAI is 81,346 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. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS, has determined that the 2006 yellowfin sole TAC in the
BSAI will soon be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 79,346 mt, and is setting
aside the remaining 2,000 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
yellowfin sole 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 yellowfin sole 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 June 15, 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: June 16, 2006
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-5609 Filed 6-19-06; 2:20 pm]
BILLING CODE 3510-22-S