[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Rules and Regulations]
[Pages 51784-51785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7321]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216044-6044-01; I.D. 082506D]


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason adjustment; closure.

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SUMMARY: NMFS is prohibiting directed fishing for species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
Gulf of Alaska (GOA), effective 2400 hrs, Alaska local time, September 
1, 2006. This adjustment is necessary to allow a 12-hour fishery for 
species that comprise the shallow-water species fishery without 
exceeding the fourth seasonal apportionment of the 2006 Pacific halibut 
bycatch allowance specified for the shallow-water species fishery in 
the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 1, 
2006, through 2400 hrs, A.l.t., September 1, 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 fourth seasonal apportionment of the 2006 Pacific halibut 
bycatch allowance specified for the shallow-water species fishery in 
the GOA is 150 metric tons (mt) as established by the 2006 and 2007 
harvest specifications for groundfish of the GOA (71 FR 10870, March 3, 
2006), for the period 1200 hrs, A.l.t., September 1, 2006, through 1200 
hrs, A.l.t., October 1, 2006.
    Regulations at Sec.  679.23(b) specify that the time of all 
openings and closures of fishing seasons other than the beginning and 
end of the calendar fishing year is 1200 hrs, A.l.t. Current 
information shows the expected trawl Pacific halibut bycatch rates 
observed in groundfish fisheries during the fourth season in the GOA to 
be 300 mt per day. The Administrator, Alaska Region, NMFS, has 
determined that the 2006 Pacific halibut bycatch allowance specified 
for the trawl fisheries could be exceeded if a 24-hour fishery were 
allowed to occur. NMFS intends that the halibut bycatch allowance not 
be exceeded and, therefore, will not allow a 24-hour directed fishery. 
NMFS, in accordance with Sec. Sec.  679.25(a)(1)(i) and 
679.25(a)(2)(i)(A), is adjusting the trawl shallow-water species 
fishery in the GOA by prohibiting the fishery at 2400 hrs, A.l.t., 
September 1, 2006, at which time directed fishing for shallow-water 
species by vessels using trawl gear in the GOA will be prohibited. This 
action has the effect of opening the fishery for 12 hours.
    NMFS is taking this action to allow a controlled fishery to occur, 
thereby preventing the overharvest of the Pacific halibut bycatch 
allowance specified for the trawl shallow-water species fishery 
designated in accordance with the 2006 and 2007 harvest specifications 
for groundfish in the GOA (71 FR 10870, March 3, 2006) and Sec.  
679.21(d). In accordance with Sec.  679.25(a)(2)(iii), NMFS has 
determined that prohibiting directed fishing at 2400 hrs, A.l.t., 
September 1, 2006, after a 12 hour opening is the least restrictive 
management adjustment to allow the fishing industry opportunity to 
harvest species that comprise the shallow-water species fishery without 
exceeding the fourth seasonal apportionment of the 2006 Pacific halibut 
bycatch allowance for the shallow-water species fishery in the GOA. 
Pursuant to Sec.  679.25(b)(5), NMFS has considered data regarding 
inseason prohibited species bycatch rates observed in groundfish 
fisheries in the GOA in making this adjustment.
    The species and species groups that comprise the shallow-water 
species fishery are pollock, Pacific cod, shallow-water flatfish, 
flathead sole, Atka mackerel, skates and ``other species.''
    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 inseason adjustment closing of the shallow-water 
species fishery by vessels using trawl gear in 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 25, 2006.
    The AA also finds good cause to waive the 30-day delay in the 
effective

[[Page 51785]]

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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 25, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-7321 Filed 8-28-06; 2:03 pm]
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