[Federal Register Volume 71, Number 70 (Wednesday, April 12, 2006)]
[Rules and Regulations]
[Page 18684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3502]



[[Page 18684]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 040606B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Processor Vessels Using Pot 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 processor vessels using pot gear in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to prevent 
exceeding the 2006 first seasonal allowance of the Pacific cod total 
allowable catch (TAC) specified for catcher processor vessels using pot 
gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 8, 2006, 
through 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 
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 and 2007 final harvest specification for groundfish in the 
BSAI (71 FR 10894, March 3, 2006) and the adjustment on March 14, 2006 
(71 FR 13777, March 17, 2006), allocated a directed fishing allowance 
for Pacific cod of 1,749 metric tons to catcher processor vessels using 
pot gear in the BSAI, for the period 1200 hrs, A.l.t., January 1, 2006, 
through 1200 hrs, A.l.t., June 10, 2006.
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that the 2006 A season allocation of Pacific cod 
allocated as a directed fishing allowance to catcher processor vessels 
using pot gear in the BSAI has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher processor 
vessels using pot gear in the BSAI.
    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 processor vessels 
using pot 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 April 6, 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: April 7, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-3502 Filed 4-7-06; 2:38 pm]
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