50002 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

081606A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Central and Western Regulatory Areas 

of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by non-American 

Fisheries Act (AFA) crab vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

and Western Regulatory Areas of the 

Gulf of Alaska (GOA). This action is 

necessary to prevent exceeding the 2006 

Pacific cod sideboard limits apportioned 

to non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component of the Central and Western 

Regulatory Areas of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 21, 2006, until 2400 

hrs, A.l.t., December 31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 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 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 Pacific cod sideboard limits 

apportioned to non-AFA crab vessels 

catching Pacific cod for processing by 

the inshore component is 587 metric 

tons (mt) for the Central Regulatory Area 

of the GOA and 981 mt for the Western 

Regulatory Area of the GOA, as 

established by the 2006 and 2007 

harvest specifications for groundfish of 

the GOA (71 FR 10888, March 3, 2006). 

In accordance with § 680.22(e)(2)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2006 harvest limit 

of Pacific cod apportioned to non-AFA 

crab vessels catching Pacific cod for 

processing by the inshore component of 

the Central and Western Regulatory 

Areas of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a sideboard directed fishing 

allowance for Pacific cod as 562 mt in 

the Central Regulatory Area, and 956 mt 

in the Western Regulatory Area. The 

remaining 25 mt in the Central 

Regulatory Area and 25 mt in the 

Western Regulatory Area will be set 

aside as bycatch to support other 

anticipated groundfish fisheries. In 

accordance with § 680.22(e)(3), the 

Regional Administrator finds that this 

sideboard directed fishing allowance 

has been reached. Consequently, NMFS 

is prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Central and Western 

Regulatory Areas of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 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 sideboard directed fishing 

closure of Pacific cod apportioned to 

non-AFA crab vessels catching Pacific 

cod for processing by the inshore 

component of the Central and Western 

Regulatory Areas of 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 August 17, 

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. 

This action is required by § 680.22 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 18, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–7123 Filed 8–21–06; 12:29 pm] 

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