[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Rules and Regulations]
[Pages 77626-77627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9882]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 122006D]


Fisheries of the Exclusive Economic Zone Off Alaska; Arrowtooth 
Flounder and Flathead Sole 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; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish to the initial total allowable catch (ITAC) for arrowtooth 
flounder and flathead sole in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to allow the fishery 
to continue operating. It is intended to promote the goals and 
objectives of the fishery management plan for the BSAI.

[[Page 77627]]


DATES: Effective December 21, 2006 through 2400 hrs, Alaska local time, 
December 31, 2006. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, January 5, 2007.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. 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: bsaireserve; or
     Webform at the Federal eRulemaking Portal: 
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.
    The 2006 ITAC of arrowtooth flounder and flathead sole in the BSAI 
was established as 11,050 metric tons (mt) and 16,575 mt, respectively, 
by the 2006 and 2007 final harvest specifications for groundfish in the 
BSAI (71 FR 10894, March 3, 2006). The Acting Administrator, Alaska 
Region, NMFS, has determined that the ITAC for arrowtooth flounder and 
flathead sole in the BSAI needs to be supplemented from the non-
specified reserve in order to continue operations.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
996 mt from the non-specified reserve of groundfish to the arrowtooth 
flounder ITAC and 970 mt to the flathead sole ITAC in the BSAI. This 
apportionment is consistent with Sec.  679.20(b)(1)(ii) and does not 
result in overfishing of a target species because the revised ITAC is 
equal to or less than the specification of the acceptable biological 
catch in the 2006 and 2007 final harvest specifications for groundfish 
in the BSAI (71 FR 10894, March 3, 2006).

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 Sec.  679.20(b)(3)(iii)(A) 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 apportionment of the non-specified 
reserves of groundfish to the arrowtooth flounder and flathead sole 
fisheries. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of December 18, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until January 5, 
2007.
    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: December 21, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-9882 Filed 12-21-06; 2:38 pm]
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