[Federal Register Volume 71, Number 195 (Tuesday, October 10, 2006)]
[Rules and Regulations]
[Page 59406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8570]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 100406B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Western Aleutian District of the Bering Sea and 
Aleutian Islands

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 Pacific ocean perch in the 
Western Aleutian District of the Bering Sea and Aleutian Islands 
(BSAI). NMFS is requiring that catch of Pacific ocean perch 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 Pacific ocean perch in this area 
has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 4, 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 
GOA exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery 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 CFR part 679.
    The 2006 TAC of Pacific ocean perch in the Western Aleutian 
District of the BSAI is 4,703 metric tons as established by the 2006 
and 2007 harvest specifications for groundfish of the BSAI (71 FR 
10870, March 3, 2006).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the 2006 TAC of Pacific ocean perch 
in the Western Aleutian District of the BSAI has been reached. 
Therefore, NMFS is requiring that further catches of Pacific ocean 
perch in the Western Aleutian District of the BSAI be treated as 
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 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 prohibition of retention of Pacific ocean perch in the 
Western Aleutian District of 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 October 3, 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: October 4, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-8570 Filed 10-4-06; 2:22 pm]
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