[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]
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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.
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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]
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