Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations 44591 

trip limit applies, as announced in the 

annual management measures at 

paragraph IV, B (3)(c)(ii), except when 

the whiting fishery is closed. 

Classification 

This action is authorized by the 

regulations implementing the FMP. The 

determination to take this action is 

based on the most recent data available. 

The Assistant Administrator for 

fisheries, NMFS, finds good cause to 

waive the requirement to provide prior 

notice and opportunity for comment on 

this action pursuant to 5 U.S.C. 

553(b)(B), because providing prior 

notice and opportunity would be 

impracticable. It would be impracticable 

because if this closure were delayed in 

order to provide notice and comment, 

the fishery would be expected to greatly 

exceed the sector allocation. This would 

either result in the entire whiting 

optimum yield being exceeded, or in the 

allocations for the other sectors being 

reduced. Therefore, good cause also 

exists to waive the 30–day delay in 

effectiveness requirement of 5 U.S.C. 

553 (d)(3). The aggregate data upon 

which the determination is based are 

available for public inspection at the 

Office of the Regional Administrator 

(see ADDRESSES) during business hours. 

This action is taken under the 

authority of 50 CFR 660.323(b)(3) and is 

exempt from review under Executive 

Order 12866. 

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

Dated: August 1, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries , National Marine Fisheries Service. 

[FR Doc. 06–6737 Filed 8–2–06; 12:58 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

080206A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Central Regulatory Area of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; prohibition of 

retention. 

SUMMARY: NMFS is prohibiting retention 

of northern rockfish in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). NMFS is requiring that catch of 

northern rockfish in this area be treated 

in the same manner as prohibited 

species and discarded at sea with a 

minimum of injury. This action is 

necessary because the 2006 total 

allowable catch (TAC) of northern 

rockfish in this area has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 3, 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 TAC of northern rockfish in 

the Central Regulatory Area of the GOA 

is 3,608 metric tons as established by 

the 2006 and 2007 harvest specifications 

for groundfish of the GOA (71 FR 10870, 

March 3, 2006). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the northern 

rockfish TAC in the Central Regulatory 

Area of the GOA has been reached. 

Therefore, NMFS is requiring that 

further catches of northern rockfish in 

the Central Regulatory Area of the GOA 

be treated as prohibited species in 

accordance with § 679.21(b). 

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 prohibition of retention of 

northern rockfish in the Central 

Regulatory Area 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 July 27, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 2, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–6736 Filed 8–2–06; 12:58 pm] 

BILLING CODE 3510–22–S 


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