Federal Register: June 13, 2006 (Volume 71, Number 113)
DOCID: FR Doc 06-5346
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 679
Docket ID: [Docket No. 060216044-6044-01; I.D 060806A]
ACTION: Fishery conservation and management:
DOCUMENT ACTION: Temporary rule; closure.
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow- Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 10, 2006, through 1200 hrs, A.l.t., July 1, 2006.
NMFS is prohibiting directed fishing for species that comprise the shallowwater species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the second seasonal apportionment of the 2006 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA.
Shallow water species,
NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (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 second seasonal apportionment of the 2006 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA is 100 metric tons as established by the 2006 and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, March 3, 2006), for the period 1200 hrs, A.l.t., April 1, 2006, through 1200 hrs, A.l.t., July 1, 2006.
In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska
Region, NMFS, has determined that the second seasonal apportionment of
the 2006 Pacific halibut bycatch allowance specified for the trawl shallowwater species fishery in the GOA has been reached.
Consequently, NMFS is prohibiting directed fishing for the shallow water species fishery by vessels using trawl gear in the GOA.
The species and species groups that comprise the shallowwater species fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka mackerel, skates and ``other species.''
After the effective date of this closure the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time during a trip. 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 closure of the shallowwater species fishery by vessels using trawl gear in the GOA. NMFS was unable to
publish a notice providing time for public comment because the most recent, relevant data only became available as of June 7, 2006.
The AA also finds good cause to waive the 30day 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. 679.21 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated:June 8, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 065346 Filed 6806; 1:41 pm]
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FOR FURTHER INFORMATION CONTACT
Jennifer Hogan, 907-586-7228.