[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Rules and Regulations]
[Pages 9476-9477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1754]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 021606E]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Catching Pacific Cod for Processing by the Offshore 
Component in the Western Regulatory Area of the Gulf of Alaska

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 Pacific cod by 
vessels catching Pacific cod for processing by the offshore component 
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to prevent exceeding the 2006 total allowable catch (TAC) 
of Pacific cod apportioned to vessels catching Pacific cod for 
processing by the offshore component of the Western Regulatory Area of 
the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 19, 
2006, until 1200 hrs, A.l.t., September 1, 2006.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 A season allocation of the 2006 TAC of Pacific cod apportioned 
to vessels catching Pacific cod for processing by the offshore 
component of the Western Regulatory Area of the GOA is 828 metric tons 
(mt) as established by the 2005 and 2006 harvest specifications for 
groundfish of the GOA (70 FR 8958, February 24, 2005).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2006 TAC 
of Pacific cod apportioned to vessels catching Pacific cod for 
processing by the offshore component of the Western

[[Page 9477]]

Regulatory Area of the GOA will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
643 mt, and is setting aside the remaining 185 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 Pacific cod by vessels catching Pacific cod for 
processing by the offshore component in the Western Regulatory Area of 
the GOA.
    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 Pacific cod apportioned to vessels catching 
Pacific cod for processing by the offshore component of the Western 
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 January xx, 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: February 21, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-1754 Filed 2-21-06; 2:48 pm]
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