[Federal Register Volume 71, Number 195 (Tuesday, October 10, 2006)]
[Rules and Regulations]
[Pages 59406-59407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16675]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 100306E]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod 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; reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using trawl and jig gear to catcher processor vessels 
using hook-and-line gear and vessels using pot gear in the Bering Sea 
and Aleutian Islands management area (BSAI). These actions are 
necessary to allow the 2006 total allowable catch (TAC) of Pacific cod 
to be harvested.

DATES: Effective October 6, 2006, until 2400 hours, 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 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.
    The 2006 Pacific cod TAC in the BSAI is 189,768 metric tons (mt) as 
established by the 2006 and 2007 final harvest specifications for 
groundfish in the BSAI (71 FR 10894, March 3, 2006) and adjustments (71 
FR 13777, March 17, 2006 and 71 FR 55347, September 22, 2006). Pursuant 
to Sec.  679,29(a)(7)(i), the allocations of the Pacific cod TAC are 
267 mt to catcher vessels using hook-and-line gear, 71,218 mt to 
catcher processor vessels using hook-and-line gear, 2,938 mt to catcher 
processor vessels using pot gear, 13,354 mt to catcher vessels using 
pot gear, 41,251 mt to catcher processors using trawl gear, and 41,251 
mt to catcher vessels using trawl gear. The allocation to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
is 3,232

[[Page 59407]]

mt and to vessels using jig gear is 1,514 mt after three reallocations 
(71 FR 14825, March 24, 2006, 71 FR 25508 May 1, 2006, and 71 FR 44230, 
August 4, 2006).
    As of October 02, 2006, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that catcher processors using 
trawl gear will not be able to harvest 5,406 mt and catcher vessels 
using trawl gear will not be able to harvest 7,427 mt of Pacific cod 
allocated to those vessels under Sec.  679.20(a)(7)(i)(B). Therefore, 
in accordance with Sec.  679.20(a)(7)(ii)(C)(2), NMFS apportions 12,833 
mt of Pacific cod from trawl gear to catcher processor vessels using 
hook-and-line gear and vessels using pot gear.
    The Regional Administrator has also determined that vessels using 
jig gear will not harvest 1,300 mt of their Pacific cod allocation by 
the end of the year. Also, catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear will not be able to harvest any 
additional Pacific cod. Therefore, in accordance with Sec.  
679.20(a)(7)(ii)(C)(1) and Sec.  679.20(a)(7)(ii)(B), NMFS is 
reallocating the unused amount of 1,300 mt of Pacific cod allocated to 
vessels using jig gear to catcher processor vessels using hook-and-line 
gear and vessels using pot gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) 
and adjustments (71 FR 13777, March 17, 2006 and 71 FR 55347, September 
22, 2006) are revised as follows: 214 mt to vessels using jig gear, 
84,709 mt to catcher processor vessels using hook-and-line gear, 13,880 
mt to catcher vessels using pot gear, 3,053 mt to catcher processor 
vessels using pot gear, 35,845 mt to catcher processor vessels using 
trawl gear, and 33,824 mt to catcher vessels using trawl gear.

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 a 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 projected unused amounts of Pacific cod 
in 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 2, 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 03, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-16675 Filed 10-6-06; 8:45 am]
BILLING CODE 3510-22-S