[Federal Register Volume 71, Number 68 (Monday, April 10, 2006)]
[Rules and Regulations]
[Pages 18021-18022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3409]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 040406B]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
by Vessels Using Non-Pelagic Trawl Gear in the Red King Crab Savings 
Subarea

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 18022]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing directed fishing for groundfish with non-
pelagic trawl gear in the red king crab savings subarea (RKCSS) of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2006 red king crab prohibited 
species catch (PSC) limit that is specified for the RKCSS of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 5, 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 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 2006 red king crab PSC limit specified for the RKCSS is 42,495 
animals 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.  679.21(e)(7)(ii)(B), the Administrator, 
Alaska Region, NMFS, has determined that the amount of the 2006 red 
king crab PSC limit specified for the RKCSS has been caught. 
Consequently, NMFS is closing the RKCSS to directed fishing for 
groundfish with non-pelagic trawl 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 the RKCSS to directed fishing for groundfish 
with non-pelagic trawl gear. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of April 4, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 4, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-3409 Filed 4-5-06; 3:09 pm]
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