[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 56898-56899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8336]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216044-6044-01; I.D. 092206E]


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 0700 hours, Alaska local time (A.l.t.), 
September 25, 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 0700 hours, A.l.t., September 25, 2006, through 1900 
hours, A.l.t., September 25, 2006.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., October 10, 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: goaswx4srod 
(E-mail comments, with or without attachments, are limited to 5 
megabytes); or
     Webform at the Federal eRulemaking Portal: http://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). NMFS closed directed fishing 
for species that comprise the shallow-water species fishery by vessels 
using trawl gear in the GOA under Sec.  679.21(d)(7)(i) on September 1, 
2006 (71 FR 51784, August 31, 2006). The fishery was subsequently 
reopened and closed on September 6, 2006 (71 FR

[[Page 56899]]

53339, September 11, 2006) and September 20, 2006 (71 FR 55134, 
September 21, 2006).
    As of September 22, NMFS has determined that 205 mt of halibut 
bycatch allowance for the fishery remains. Therefore, in accordance 
with Sec.  679.25(a)(1)(i) and 679.25(a)(2)(i)(A), NMFS is adjusting 
the trawl shallow-water species fishery in the GOA by opening the 
fishery at 0700 hrs, A.l.t., September 25, 2006, and prohibiting 
directing fishing for shallow-water species by vessels using trawl gear 
in the GOA at 1900 hrs, A.l.t., September 25, 2006. This action has the 
effect of opening the fishery for 12 hours. Regulations at Sec.  
679.23(b) specify that the time of all openings and closures of fishing 
seasons other than the beginning and end of the calendar fishing year 
is 1200 hrs, A.l.t. Current information shows the expected trawl 
Pacific halibut bycatch rates observed in groundfish fisheries during 
the fourth season in the GOA to be 300 mt per day. The Administrator, 
Alaska Region, NMFS, has determined that the 2006 Pacific halibut 
bycatch allowance specified for the trawl fisheries could be exceeded 
if a 24-hour fishery were allowed to occur. NMFS intends that the 
halibut bycatch allowance not be exceeded and, therefore, will not 
allow a 24-hour directed fishery.
    NMFS is taking this action to allow a controlled fishery to occur, 
thereby preventing the overharvest of the Pacific halibut bycatch 
allowance specified for the trawl shallow-water species fishery 
designated in accordance with the 2006 and 2007 harvest specifications 
for groundfish in the GOA (71 FR 10870, March 3, 2006) and Sec.  
679.21(d). In accordance with Sec.  679.25(a)(2)(iii), NMFS has 
determined that prohibiting directed fishing at 1900 hrs, A.l.t., 
September 25, 2006, after a 12 hour opening is the least restrictive 
management adjustment to allow the fishing industry opportunity to 
harvest species that comprise the shallow-water species fishery without 
exceeding the fourth seasonal apportionment of the 2006 Pacific halibut 
bycatch allowance for the shallow-water species fishery in the GOA. 
Pursuant to Sec.  679.25(b)(5), NMFS has considered data regarding 
inseason prohibited species bycatch rates observed in groundfish 
fisheries in the GOA in making this adjustment.
    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 opening of the fishery, not allow the full utilization 
of the species and species groups that comprise the shallow-water 
species fishery, 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 22, 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 
October 10, 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 25, 2006.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-8336 Filed 9-25-06; 1:47 pm]
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