[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Rules and Regulations]
[Page 50002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7123]



[[Page 50002]]

=======================================================================
-----------------------------------------------------------------------

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 Non-American 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 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 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 Sec.  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 Sec.  
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 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 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 Sec.  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]
BILLING CODE 3510-22-S