[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Rules and Regulations]
[Page 10625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1960]



[[Page 10625]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 022406B]


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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

ACTION: Temporary rule; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for shallow-water species by 
vessels using trawl gear in the Gulf of Alaska (GOA). This action is 
necessary to allow the shallow-water species fishery in the GOA to 
resume.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 27, 
2006, through 1200 hrs, A.l.t., April 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.
    NMFS closed the shallow-water species fishery by vessels using 
trawl gear in the GOA under Sec.  679.21(d)(7)(i) on February 23, 2006.

    NMFS has determined that, approximately 124 mt remain in the first 
seasonal apportionment of the 2006 Pacific halibut bycatch allowance 
specified for the shallow-water species fishery in the GOA. Therefore, 
in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and 
(a)(2)(iii)(D), and to allow the shallow-water species fishery in the 
GOA to resume, NMFS is terminating the previous closure and is 
reopening directed fishing for shallow-water species by vessels using 
trawl gear in the GOA. The species and species groups that comprise the 
shallow-water species fishery are pollock, Pacific cod, shallow-water 
flatfish, flathead sole, Atka mackerel, skates and ``other species.''

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 opening of the shallow-water species fishery by vessels 
using trawl gear in 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 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.  679.25 and Sec.  679.20 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 27, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-1960 Filed 2-27-06; 2:15 pm]
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