[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Page 40935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6336]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 071306D]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands 
Management Area

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

ACTION: Modification of a closure.

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SUMMARY: NMFS is reopening directed fishing for Pacific cod by vessels 
using trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to utilize the remaining amount of the 
2006 halibut bycatch allowance specified for the trawl Pacific cod 
fishery category in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 19, 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 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 halibut bycatch allowance specified for the trawl Pacific 
cod fishery category in the BSAI is 1,434 metric tons (mt) 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 directed fishery for Pacific cod by vessels 
using trawl gear was closed effective 1200 hrs, A.l.t., June 8, 2006 
(71 FR 34022, June 13, 2006), because it was determined that the 2006 
halibut bycatch allowance specified for the trawl Pacific cod fishery 
category in the BSAI had been caught.
    NMFS determined on July 11, 2006, that 85 mt of halibut remain in 
the 2006 halibut bycatch allowance specified for the trawl Pacific cod 
fishery category in the BSAI. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), NMFS is terminating 
the previous closure and is reopening directed fishing for Pacific cod 
by vessels using trawl gear in the BSAI.

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 Pacific cod 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 July 11, 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: July 13, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-6336 Filed 7-14-06; 1:44 pm]
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