[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Rules and Regulations]
[Pages 70323-70324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9501]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 112806A]


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Modification of a closure.

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

SUMMARY: NMFS is reopening directed fishing for Greenland turbot for 
vessels using hook-and-line gear in the Bering Sea subarea in the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to fully use the 2006 total allowable catch (TAC) of 
Greenland turbot for vessels using hook-and-line gear in the Bering Sea 
subarea in the Bering Sea and Aleutian Islands (BSAI).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 29, 
2006, through 2400 hrs, A.l.t., December 31, 2006. Comments must be 
received no later than 4:30 p.m., A.l.t., December 14, 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: ``bsturbotro.fo.wpd'' 
(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 according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (FMP) prepared by

[[Page 70324]]

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 Greenland turbot in the BSAI 
under Sec.  679.20(d)(1)(iii) on July 27, 2006 (71 FR 43074, July 31, 
2006).
    NMFS has determined that 191 metric tons of Greenland turbot remain 
in the directed fishing allowance in the BSAI. Therefore, in accordance 
with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), NMFS is 
terminating the previous closure and is reopening directed fishing for 
Greenland turbot for vessels using hook-and-line gear in the Bering Sea 
subarea in the BSAI.

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) and 679.25(c)(1)(ii) 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 Greenland turbot for vessels 
using hook-and-line gear in the Bering Sea subarea 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 
November 27, 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 fishery 
by vessels using hook-and-line gear in the BSAI 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 December 14, 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: November 28, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-9501 Filed 11-29-06; 12:20 pm]
BILLING CODE 3510-22-S