53338 Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the C 

season allowance of the 2006 total 

allowable catch (TAC) of pollock 

specified for Statistical Area 610 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 6, 2006, through 

1200 hrs, A.l.t., October 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 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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

September 3, 2006 (71 FR 52500, 

September 6, 2006). 

NMFS has determined that 

approximately 5,400 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2006 TAC of 

pollock in Statistical Area 610, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 610 of the GOA. 

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 610 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 September 

5, 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: September 6, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–7568 Filed 9–6–06; 1:37 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. 

090506C] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Chiniak Gully 

Research Area for Vessels Using Trawl 

Gear 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS is rescinding the trawl 

closure in the Chiniak Gully Research 

Area. This action is necessary to allow 

vessels using trawl gear to participate in 

directed fishing for groundfish in the 

Chiniak Gully Research Area after the 

completion of NMFS research on 

September 6, 2006. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 6, 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 

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 Chiniak Gully Research Area is 

closed to vessels using trawl gear from 

August 1 to a date no later than 

September 20 under regulations at 

§ 679.22(b)(6)(ii)(A). This closure is in 

support of a research project to evaluate 

the effect of commercial fishing activity 

on the prey availability of pollock to 

Steller sea lions. 

The regulations at § 679.22(b)(6)(ii)(B) 

provide that the Acting Regional 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) may rescind 

the trawl closure prior to September 20. 

As of September 6, 2006, the research 

has been completed in the Chiniak 

Gully Research Area. Therefore, the 

Regional Administrator is rescinding the 

closure of the Chiniak Gully Research 

Area. All other closures remain in full 

force and effect. 

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 a 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 

immediately implementing this action 

in order to allow the participation of 

vessels using trawl gear in the Chiniak 

Gully Research Area. The research in 

the Chiniak Gully Research Area will be 

completed on September 6, 2006. 

Therefore, it is no longer necessary to 

keep this area closed. Allowing for prior 

notice and an opportunity for public 

comment would prevent the fisheries 

from realizing the economic benefits of 

this action. In addition, this rule is not 

subject to a 30-day delay in the effective 

date pursuant to 5 U.S.C. 553(b)(B) 

because it relieves a restriction. This 

action would reopen the Chiniak Gully 

Research Area to vessels using trawl 

gear and allow these vessels to 

participate in directed fishing for 

groundfish. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or by any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are inapplicable. 

This action has been determined to be 

not significant for purposes of EO 

12866. 

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


bjneal on PROD1PC71 with RULES
Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations 53339 

Dated: September 5, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–7569 Filed 9–6–06; 1:37 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. 

090606B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

620 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the C 

season allowance of the 2006 total 

allowable catch (TAC) of pollock 

specified for Statistical Area 620 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 6, 2006, through 

1200 hrs, A.l.t., October 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 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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 620 of the 

GOA under § 679.20(d)(1)(iii) on 

September 3, 2006 (71 FR 52500, 

September 6, 2006). 

NMFS has determined that 

approximately 3,400 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2006 TAC of 

pollock in Statistical Area 620, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 620 of the GOA. 

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 September 

5, 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: September 6, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–7570 Filed 9–6–06; 1:37 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. 

090606C] 

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; opening; request for 

comments. 

SUMMARY: NMFS is opening directed 

fishing for species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA), effective 1200 hours, Alaska 

local time, September 6, 2006. This 

adjustment is necessary to allow a 12- 

hour fishery for species that comprise 

the shallow-water species fishery by 

vessels using trawl gear in the GOA to 

resume, without exceeding the 2006 

Pacific halibut bycatch allowance 

specified for the shallow-water species 

fishery in the GOA. 

DATES: Effective 12 noon, Alaska local 

time (A.l.t.), September 6, 2006, through 

12 midnight, A.l.t., September 6, 2006. 

Comments must be received no later 

than 4:30 p.m., A.l.t., September 21, 

2006. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Walsh. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• FAX to 907–586–7557; 

• E-mail to shallowtrawl@noaa.gov 

and include in the subject line of the email comment the document identifier: 

goaswx4srob (E-mail comments, with 

or without attachments, are limited to 5 

megabytes); or 

• Webform at the Federal eRulemaking 

Portal: www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

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 halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA is 900 

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. NMFS 

closed directed fishing for species that 

comprise the shallow-water species 

fishery by vessels using trawl gear in the 


bjneal on PROD1PC71 with RULES