[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Rules and Regulations]
[Pages 10451-10452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 022406A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels 60 Feet (18.3 Meters) Length Overall and Using Hook-
and-line Gear 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 Pacific cod by 
catcher vessels 60 feet (18.3 meters (m)) length overall (LOA) and 
longer using hook-and-line gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the first seasonal allowance of the 2006 Pacific cod total allowable 
catch (TAC) of Pacific cod specified for catcher vessels using hook-
and-line gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 24, 
2006, though 1200 hrs, A.l.t., June 10, 2006.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 first seasonal allowance of the 2006 Pacific cod TAC allocated 
to catcher vessels using hook-and-line gear in the BSAI is 165 metric 
tons as established by the 2005 and 2006 final harvest specifications 
for groundfish in the BSAI (70 FR 8979, February 24, 2005). See Sec.  
679.20(c)(3)(iii),

[[Page 10452]]

Sec.  679.20(c)(5), and Sec.  679.20(a)(7)(i)(A) and 
(a)(7)(i)(C)(1)(ii).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the first seasonal allowance 
of the 2006 Pacific cod TAC allocated to catcher vessels using hook-
and-line gear in the BSAI has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher vessels 60 feet 
(18.3 m) LOA and longer using hook-and-line gear in the BSAI. Vessels 
less than 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI may 
continue to participate in the directed fishery for Pacific cod under a 
separate Pacific cod allocation to catcher vessels less than 60 feet 
(18.3 m) LOA using pot or hook-and-line gear.
    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 by catcher vessels 60 feet (18.3 
m) LOA and longer using hook-and-line 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 February 23, 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 24, 2006.
Alan Risenhover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-1910 Filed 2-24-06; 1:10 pm]
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