[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Rules and Regulations]
[Pages 44229-44230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 073106B]


Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using 
Hook-and-Line or Pot Gear 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; 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 
hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to allow the catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
in the BSAI to harvest their Pacific cod allocation.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 15, 2006, 
through 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.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the 
BSAI under Sec.  679.21(d)(1)(iii) on May 23, 2006 (71 FR 30300, May 
26, 2006).
    NMFS has determined that as of July 25, 2006, approximately 60 
metric tons of Pacific cod remain in the 2006 Pacific cod TAC specified 
for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or pot gear in the BSAI. Therefore, in accordance with Sec. Sec.  
679.25(a)(2)(i)(C) and (a)(2)(iii)(D),

[[Page 44230]]

and to allow the catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear in the BSAI to harvest their Pacific cod 
allocation, NMFS is terminating the previous closure and is reopening 
directed fishing for Pacific cod by catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear in the BSAI. The reopening 
is effective 1200 hrs, Alaska local time (A.l.t.), August 15, 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 reallocation of Pacific cod specified for jig vessels 
to catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-
and-line gear. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of July 25, 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 31, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-12648 Filed 8-3-06; 8:45 am]
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