[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Rules and Regulations]
[Pages 60077-60078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8637]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 100506C]


Fisheries of the Economic Exclusive Zone Off Alaska; Atka 
Mackerel 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; modification of a closure; request for 
comments.

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SUMMARY: NMFS is opening directed fishing for Atka mackerel with gears 
other than jig in the Eastern Aleutian District and the Bering Sea 
subarea of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to fully use the 2006 Atka mackerel total 
allowable catch (TAC) specified for gears other than jig in the Eastern 
Aleutian District and the Bering Sea subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 7, 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 23, 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: aieamckro (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 
BSAI exclusive economic zone 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.
    NMFS closed directed fishing for Atka mackerel with gears other 
than jig in the Eastern Aleutian District and the Bering Sea subarea of 
the BSAI under Sec.  679.20(d)(1)(iii) on September 2, 2006 (71 FR 
48485, August 21, 2006).
    NMFS has determined that as of September 20, 2006, approximately 
1,884 metric tons of Atka mackerel remain in the 2006 Atka mackerel TAC 
specified for gears other than jig in the Eastern Aleutian District and 
the Bering Sea subarea of the BSAI. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to allow the 
Atka mackerel fishery to resume, NMFS is terminating the previous 
closure and is reopening directed fishing for Atka mackerel with gears 
other than jig in the Eastern Aleutian District and the Bering Sea 
subarea of the BSAI.

[[Page 60078]]

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 Atka mackerel TAC specified for gears other than jig in the 
Eastern Aleutian District and the Bering Sea subarea of the BSAI, 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 October 4, 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 Atka 
mackerel fishery by vessels using other 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 23, 
2006.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 5, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-8637 Filed 10-6-06; 2:19 pm]
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