[Federal Register Volume 71, Number 139 (Thursday, July 20, 2006)]
[Rules and Regulations]
[Page 41178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6375]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 071706A]


Fisheries of the Exclusive Economic Zone Off Alaska; Squid 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; prohibition of retention.

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SUMMARY: NMFS is prohibiting retention of squid in the Bering Sea and 
Aleutian Islands management area (BSAI). NMFS is requiring that catch 
of squid in this area be treated in the same manner as prohibited 
species and discarded at sea with a minimum of injury. This action is 
necessary because the 2006 total allowable catch (TAC) of squid in the 
BSAI has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 17, 2006, 
until 2400 hrs, A.l.t., December 31, 2006.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 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 squid TAC in the BSAI is 1,084 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.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the 2006 squid TAC in the BSAI has 
been reached. Therefore, NMFS is requiring that further catches of 
squid in the BSAI be treated as a prohibited species in accordance with 
Sec.  679.21(b).

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 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 prohibiting retention of squid 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 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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 17, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-6375 Filed 7-17-06; 2:17 pm]
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