Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations 4311 

daily BFT retention limits for January 

27, 28, and 29, 2006, inclusive, to two 

large medium or giant BFT per vessel. 

The intent of this current adjustment 

is to provide additional opportunities to 

utilize the landings quota of BFT while 

helping to achieve optimum yield in the 

General category BFT fishery, to collect 

a broad range of data for stock 

monitoring purposes, and to be 

consistent with the objectives of the 

HMS FMP. 

Monitoring and Reporting 

NMFS selected the RFDs being 

waived after examining current fishing 

year catch and effort rates, previous 

fishing years’ catch and effort rates, 

forecasted weather patterns, and the 

available quota for the 2005 fishing year. 

NMFS will continue to monitor the BFT 

fishery closely through dealer landing 

reports until this fishery is closed. 

Fishermen may call the Atlantic Tunas 

Information Line at (888) 872–8862 or 

(978) 281–9260, or access the Internet at 

www.nmfspermits.com for updates on 

quota monitoring and retention limit 

adjustments. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that it is 

impracticable and contrary to the public 

interest to provide prior notice of, and 

an opportunity for, public comment on 

this action. 

The regulations implementing the 

1999 Fishery Management Plan (FMP) 

for Atlantic Tunas, Swordfish, and 

Sharks provide for inseason retention 

limit adjustments to respond to the 

unpredictable nature of BFT availability 

on the fishing grounds, the migratory 

nature of this species, and the regional 

variations in the BFT fishery. New 

information shows that landing rates are 

low and forecasted weather conditions 

are unfavorable for the upcoming open 

fishing days. Based on a review of 

recent information regarding the 

availability of BFT on the fishing 

grounds, dealer reports, daily landing 

trends, available quota, and weather 

conditions, NMFS has determined that 

this retention limit adjustment is 

warranted to increase access to available 

quota. 

Delays in waiving the selected RFDs, 

and thereby not increasing the General 

category daily retention limit, would be 

contrary to the public interest. Such 

delays would adversely affect those 

General category vessels that would 

otherwise have an opportunity to 

harvest BFT on an RFD and would 

further exacerbate the problem of low 

catch rates. Limited opportunities to 

access the General category quota may 

have negative social and economic 

impacts to U.S. fishermen that depend 

on catching the available quota. For the 

General category, the selected RFDs 

need to be waived as expeditiously as 

possible for the General category 

participants to be able to take advantage 

of the adjusted retention limits and plan 

accordingly. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction (i.e., waives a number of 

RFDs, thus increasing the opportunity to 

retain more fish), there is also good 

cause under 5 U.S.C. 553(d) to waive the 

30-day delay in effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: January 20, 2006. 

John H. Dunnigan 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–762 Filed 1–23–06; 2:32 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333–5040–02; I.D. 

012006A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 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 pollock in Statistical Area 

610 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2006 total 

allowable catch (TAC) of pollock for 

Statistical Area 610 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 22, 2006, through 

1200 hrs, A.l.t., March 10, 2006. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 A season allowance of the 2006 

TAC of pollock in Statistical Area 610 

of the GOA is 5,047 metric tons (mt) as 

established by the 2005 and 2006 

harvest specifications for groundfish of 

the GOA (70 FR 8958, February 24, 

2005). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2006 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 5,037 mt, and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 610 of the GOA. 

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 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 January 19, 

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. 


erjones on PROD1PC68 with RULES
4312 Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations 

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: January 20, 2006. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–764 Filed 1–23–06; 2:32 pm] 

BILLING CODE 3510–22–S 


erjones on PROD1PC68 with RULES