[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)]
[Rules and Regulations]
[Page 25508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4082]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 042606A]


Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod 
in the Bering Sea and Aleutian Islands

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 Pacific cod by catcher 
vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using 
pot or hook-and-line gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to fully use the 2006 
total allowable catch (TAC) of Pacific cod specified for catcher 
vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear 
in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 1, 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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the 
BSAI under Sec.  679.20(d)(1)(iii) on April 7, 2006 (71 FR 18684, April 
12, 2006).
    NMFS has determined that as of May 1, 2006, approximately 254 
metric tons of Pacific cod remain in the 2006 Pacific cod TAC allocated 
to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-
and-line gear in the BSAI. Therefore, in accordance with Sec. Sec.  
679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully use the 2006 TAC of 
Pacific cod specified for catcher vessels less than 60 feet (18.3 m) 
LOA using pot or hook-and-line gear in the BSAI, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-
line gear in the BSAI. The opening is effective 1200 hrs, A.l.t., May 
1, 2006, through 2400 hrs, A.l.t., December 31, 2006.

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 Pacific cod fishery by catcher vessels 
less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the 
BSAI. Immediate notification is necessary to allow for the orderly 
conduct and efficient operation of this fishery; allow the industry to 
plan for the fishing season and avoid potential disruption to the 
fishing fleet as well as processors. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of April 14, 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 is exempt from review 
under Executive Order 12866.

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

    Dated: April 26, 2006.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 06-4082 Filed 4-26-06; 3:44 pm]
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