[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Rules and Regulations]
[Pages 19829-19830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3676]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 041206A]


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, 
Flathead Sole, and ``Other Flatfish'' by Vessels Using Trawl Gear in 
Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is closing directed fishing for rock sole, flathead sole, 
and ``other flatfish'' by vessels using trawl gear in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to prevent exceeding the second seasonal allowance of the 2006 halibut 
bycatch allowance specified for the trawl rock sole, flathead sole, and 
``other flatfish'' fishery category in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 13, 2006, 
through 1200 hrs, A.l.t., July 1, 2006.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 second seasonal allowance of the 2006 halibut bycatch allowance 
specified for the trawl rock sole, flathead sole, and ``other 
flatfish'' fishery category in the BSAI is 164 metric tons 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)(v), the Administrator, Alaska 
Region, NMFS, has determined that the second seasonal allowance of the 
2006 halibut bycatch allowance specified for the trawl rock sole, 
flathead sole, and ``other flatfish'' fishery category in the BSAI has 
been caught. Consequently, NMFS is closing directed fishing for rock 
sole, flathead sole, and ``other flatfish'' by vessels using trawl gear 
in the BSAI.
    ``Other flatfish'' includes Alaska plaice, as well as all other 
flatfish species except for Pacific halibut (a prohibited species), 
Greenland turbot, rock sole, yellowfin sole, flathead sole, and 
arrowtooth flounder.
    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

[[Page 19830]]

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 directed fishing for rock sole, flathead sole, and ``other 
flatfish'' by vessels using trawl 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 12, 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 12, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-3676 Filed 4-13-06; 3:20 pm]
BILLING CODE 3510-22-S