[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Rules and Regulations]
[Pages 53339-53340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7571]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216044-6044-01; I.D. 090606C]


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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

ACTION: Temporary rule; inseason adjustment; opening; request for 
comments.

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SUMMARY: NMFS is opening directed fishing for species that comprise the 
shallow-water species fishery by vessels using trawl gear in the Gulf 
of Alaska (GOA), effective 1200 hours, Alaska local time, September 6, 
2006. This adjustment is necessary to allow a 12-hour fishery for 
species that comprise the shallow-water species fishery by vessels 
using trawl gear in the GOA to resume, without exceeding the 2006 
Pacific halibut bycatch allowance specified for the shallow-water 
species fishery in the GOA.

DATES: Effective 12 noon, Alaska local time (A.l.t.), September 6, 
2006, through 12 midnight, A.l.t., September 6, 2006.
    Comments must be received no later than 4:30 p.m., A.l.t., 
September 21, 2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Walsh. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     FAX to 907-586-7557;
     E-mail to [email protected] and include in the subject 
line of the e-mail comment the document identifier:  goaswx4srob (E-
mail comments, with or without attachments, are limited to 5 
megabytes); or
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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 Pacific halibut bycatch allowance specified for the 
shallow-water species fishery in the GOA is 900 metric tons (mt) as 
established by the 2006 and 2007 harvest specifications for groundfish 
of the GOA (71 FR 10870, March 3, 2006), for the period 1200 hrs, 
A.l.t., September 1, 2006, through 1200 hrs, A.l.t., October 1, 2006. 
NMFS closed directed fishing for species that comprise the shallow-
water species fishery by vessels using trawl gear in the

[[Page 53340]]

GOA under Sec.  679.21(d)(7)(i) on September 1, 2006 (71 FR 51784, 
August 31, 2006).
    NMFS has determined that approximately 220 mt of halibut remain in 
the 2006 Pacific halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA. Therefore, in accordance with 
Sec.  679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to allow the shallow-
water species fisheries by vessels using trawl gear in the GOA to 
resume, NMFS is temporarily terminating the August 31, 2006 (71 FR 
51784) closure by reopening directed fishing for species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
GOA for 12 hours, effective 1200 noon, A.l.t., September 6, 2006. The 
species and species groups that comprise the shallow-water species 
fishery are pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, skates, and ``other species.''
    After the effective date of this closure, the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

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 delay the opening of the fishery, not allow the full 
utilization of the species and species groups that comprise the 
shallow-water species fisheries, and therefore reduce the public's 
ability to use and enjoy the fishery resource. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of September 5, 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.
    Without this inseason adjustment, NMFS could not allow the shallow-
water species fishery by vessels using trawl gear in the GOA to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to the above address until 
September 21, 2006.
    This action is required by Sec.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 6, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-7571 Filed 9-6-06; 1:37 pm]
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