[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Rules and Regulations]
[Pages 28285-28286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4553]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 051006A]


Fisheries of the Exclusive Economic Zone Off Alaska; Alaska 
Plaice 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; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish to the Alaska plaice initial total allowable catch (ITAC) in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to allow the fishery to continue operating. It is intended 
to promote the goals and objectives of the fishery management plan for 
the BSAI.

DATES: Effective May 16, 2006 through 2400 hrs, Alaska local time, 
December 31, 2006. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, May 26, 2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Records Officer. Comments may be submitted by:
     Mail: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery: 709 West 9th Street, Room 420A, Juneau, 
Alaska;
     FAX: 907-586-7557;
     E-mail: [email protected] and include in the subject 
line of the e-mail comment the document identifier: bsairelakpl. Email 
comments with or without attachments are limited to 5 megabytes.
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

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 ITAC of Alaska plaice in the BSAI was established as 6,800 
metric tons by the 2006 and 2007 final harvest specifications for 
groundfish in the BSAI (71 FR 10894, March 3, 2006). The Administrator, 
Alaska Region, NMFS, has determined that the ITAC for Alaska plaice in 
the BSAI needs to be supplemented from the non-specified reserve in 
order to continue operations.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
7,000 metric tons from the non-specified reserve of groundfish to the 
Alaska plaice ITAC in the BSAI for a revised total of 13,800 mt. This 
apportionment is consistent with Sec.  679.20(b)(1)(ii) and does not 
result in overfishing of a target species because the revised ITAC is 
equal to or less than the specification of the acceptable biological 
catch (71 FR 10894, March 3, 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

[[Page 28286]]

requirement to provide prior notice and opportunity for public comment 
pursuant to the authority set forth at 5 U.S.C. 553(b)(B) and 50 CFR 
679.20(b)(3)(iii)(A) as such a 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 apportionment of the non-specified reserves of 
groundfish to the Alaska plaice fishery. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of May 3, 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.
    Under 679.20(b)(3)(iii), interested persons are invited to submit 
written comments on this action (see ADDRESSES) until May 26, 2006.
    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 10, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-4553 Filed 5-11-06; 1:10 pm]
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