Federal Register: December 27, 2006 (Volume 71, Number 248)
DOCID: FR Doc 06-9882
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 679
Docket ID: [Docket No. 060216045-6045-01; I.D. 122006D]
NOTICE: RULES
ACTION: Fishery conservation and management:
DOCUMENT ACTION: Temporary rule; apportionment of reserves; request for comments.
SUBJECT CATEGORY:
Fisheries of the Exclusive Economic Zone Off Alaska; Arrowtooth Flounder and Flathead Sole in the Bering Sea and Aleutian Islands Management Area
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.
DOCUMENT 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]]
SUMMARY:
Alaska; fisheries of Exclusive Economic Zone—; Arrowtooth flounder and flathead sole,
SUPPLEMENTAL 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 MagnusonStevens 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 nonspecified 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 nonspecified 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 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.
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. 069882 Filed 122106; 2:38 pm]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT
Jennifer Hogan, 907-586-7228.