Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations 52501 

GOA effective 1200 hrs, A.l.t., 

September 3, 2006. 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 opening of pollock in 

Statistical Area 620 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 29, 

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 § 679.25 

and § 679.20 and is exempt from review 

under Executive Order 12866. 

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

Dated: August 30, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–7428 Filed 8–30–06; 3:25 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216045–6045–01; I.D. 

083006D] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Trawl Gear in Bering 

Sea and Aleutian Islands Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for Pacific cod by vessels using 

trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2006 halibut 

bycatch allowance specified for the 

trawl Pacific cod fishery category in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 31, 2006, through 

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 

BSAI 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 halibut bycatch allowance 

specified for the trawl Pacific cod 

fishery category in the BSAI is 1,434 

metric tons as established by the 2006 

and 2007 final harvest specifications for 

groundfish in the BSAI (71 FR 10894, 

March 3, 2006). 

In accordance with § 679.21(e)(7)(v), 

the Acting Administrator, Alaska 

Region, NMFS, has determined that the 

2006 halibut bycatch allowance 

specified for the trawl Pacific cod 

fishery category in the BSAI has been 

caught. Consequently, NMFS is closing 

directed fishing for Pacific cod by 

vessels using trawl gear in the BSAI. 

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 closure of directed fishing for 

Pacific cod by vessels using trawl gear 

in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 30, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 30, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–7447 Filed 8–31–06; 1:53 pm] 

BILLING CODE 3510–22–S 


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