[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Rules and Regulations]
[Pages 1698-1699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-245]



[[Page 1698]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 051017269-6002-02; I.D. 100705C]
RIN 0648-AT54


Fisheries of the Exclusive Economic Zone Off Alaska; Cape 
Sarichef Research Restriction Area Opening for the Groundfish Fisheries 
of the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to open the Cape Sarichef Research 
Restriction Area in the Bering Sea and Aleutian Islands Management Area 
(BSAI) to directed fishing for groundfish using trawl, pot, and hook-
and-line gear from March 15, 2006, through March 31, 2006. Because 
NMFS' Alaska Fisheries Science Center (AFSC) will not conduct research 
in this area in 2006, closure of the Cape Sarichef Research Restriction 
Area is not needed. This action is intended to relieve an unnecessary 
restriction on groundfish fisheries and allow the optimum utilization 
of fishery resources, in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). This final rule 
also will remove the regulations for the Cape Sarichef Research 
Restriction Area, and regulations for the Chiniak Gully Research Area 
because both research projects have ended.

DATES: Effective February 10, 2006.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared 
for the original action closing the area, and dated November 2002, and 
the Categorical Exclusion and the RIR prepared for this action, are 
available from: NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori Durall; NMFS, Alaska Region, 709 West 9th Street, Room 
420A, Juneau, AK; or the NMFS Alaska Region website at 
www.fakr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Becky Carls, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone of the BSAI and Gulf of Alaska (GOA) are managed by NMFS 
under the Fishery Management Plans (FMPs) for Groundfish of the BSAI 
and Groundfish of the GOA. The FMPs were prepared by the North Pacific 
Fishery Management Council (Council) under the Magnuson-Stevens Act, 16 
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and 
implementing the FMPs appear at 50 CFR parts 600 and 679.

Background and Need for Action

    The background and need for this action were described in the 
preamble to the proposed rule published in the Federal Register on 
October 26, 2005 (70 FR 61775). In summary, the final year of a 
research project in the waters off Cape Sarichef will not be conducted 
in 2006. Thus, the closure of the study area specified in Sec.  
679.22(a)(11) for March 15-31, 2006, will not be needed. Maintaining 
the closure would unnecessarily restrict the groundfish fisheries 
because no research will be conducted in this area in 2006. Removing 
the 2006 trawl, pot, and hook-and-line gear closure will allow vessels 
participating in groundfish fisheries to harvest their total allowable 
catch amounts without the operational constraints imposed by the 
closure.
    In addition, this regulatory amendment includes a housekeeping 
measure that removes regulations for the Chiniak Gully Research Area 
off Kodiak Island, which were applicable through December 31, 2004.

Regulatory Amendments

    In Sec.  679.22, paragraphs (a)(11) and (b)(3) are removed. Also 
removed is Figure 21 to part 679, which shows the Cape Sarichef 
Research Restriction Area.

Response to Comments

    The proposed rule for this action was published in the Federal 
Register on October 26, 2005 (70 FR 61775). NMFS received two letters 
of comment that contained four separate comments. The comments are 
summarized and responded to below.
    Comment 1: This research area should not be opened to more 
overfishing.
    Response: This action opens an area to fishing which otherwise 
would be closed only two weeks in 2006 and does not change the amount 
of fish authorized to be harvested. Currently, no Alaska groundfish 
species are considered by NMFS to be overfished, and overfishing is not 
occurring.
    Comment 2: Birds are being killed by hook-and-line fishing.
    Response: Hook-and-line fishing would be allowed in this area, but 
this action would not change the total amount of fishing activity with 
hook-and-line gear. Hook-and-line fishing must be done in compliance 
with seabird avoidance regulations at 50 CFR 679.24(e) to reduce the 
incidental take of seabirds.
    Comment 3: NOAA must stop commercial fish profiteers from 
overfishing. Overfishing causes the death of all marine life that needs 
fish to survive, which is an assault on the environment.
    Response: This action does not change the amount of fish that may 
be harvested. None of the Alaska groundfish stocks are overfished or 
experiencing overfishing. The groundfish fisheries off Alaska are 
managed using science-based conservation and management practices. NMFS 
limits the amount of fish that may be harvested in the groundfish 
fisheries off Alaska by setting annual catch limits based on the best 
scientific information available about each specific managed stock. In 
the course of considering catch limits and regulatory changes, NMFS and 
the Council consider a broad range of alternatives to address 
biological, environmental, and economic concerns. This process also 
includes an examination of the potential impacts of alternatives on 
other marine resources and the environment. This action would result in 
insignificant impacts on other marine animals as described in the EA/
RIR/IRFA prepared for the original action and dated November 2002 (see 
ADDRESSES).
    Comment 4: Thank you. With all the other closed areas we have 
today, it's nice to have some areas back. Every little bit will help 
with our rising fuel costs.
    Response: NMFS notes this support.

Changes From the Proposed Rule

    No changes are made in this final rule from the proposed rule.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

[[Page 1699]]

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: January 6, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 
note; 3631 et seq.


Sec.  679.22  [Amended]

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2. In Sec.  679.22, remove and reserve paragraphs (a)(11) and (b)(3).

PART 679--[AMENDED]

0
3. In part 679, remove and reserve Figure 21 to Part 679--Cape Sarichef 
Research Restriction Area (Applicable through March 31, 2006).
[FR Doc. 06-245 Filed 1-10-06; 8:45 am]
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