[Federal Register Volume 71, Number 193 (Thursday, October 5, 2006)]
[Rules and Regulations]
[Pages 58753-58754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8511]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216044-6044-01; I.D. 100206B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic 
Shelf Rockfish in the Central Regulatory Area of the Gulf of Alaska

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

ACTION: Temporary rule; opening.

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SUMMARY: NMFS is opening directed fishing for pelagic shelf rockfish in 
the Central Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to fully use the 2006 total allowable catch (TAC) of pelagic 
shelf rockfish specified for the Central Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 2, 2006, 
through 2400 hrs, A.l.t., December 31, 2006.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., October 17, 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: cgpsrro (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.



[[Page 58754]]

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.
    NMFS closed the directed fishery for pelagic shelf rockfish in the 
Central Regulatory Area of the GOA under Sec.  679.20(d)(1)(iii) on 
July 21, 2006 (71 FR 42061, July 25, 2006).
    The 2006 TAC of pelagic shelf rockfish in the Central Regulatory 
Area of the GOA is 3,262 metric tons (mt) as established by the 2006 
and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, 
March 3, 2006). NMFS has determined that approximately 1,694 metric 
tons of pelagic shelf rockfish remain in the TAC. Therefore, in 
accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), 
and to fully utilize the 2006 TAC of pelagic shelf rockfish in the 
Central Regulatory Area, NMFS is terminating the previous closure and 
is reopening directed fishing for pelagic shelf rockfish in the Central 
Regulatory Area of the GOA.

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 pelagic shelf rockfish in the Central 
Regulatory Area of the GOA. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of September 29, 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 pelagic 
shelf rockfish fishery in the Central Regulatory Area of 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 17, 2006.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: October 2, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-8511 Filed 10-2-06; 2:11 pm]
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