[Federal Register Volume 71, Number 18 (Friday, January 27, 2006)]
[Rules and Regulations]
[Pages 4528-4529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-801]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 011806K]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; closures and openings.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears other than jig gear in the Eastern Aleutian District and the 
Bering Sea subarea of the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the A Season 
allowance of the 2006 total allowable catch (TAC) of Atka mackerel in 
these areas. NMFS is also announcing the opening and closing dates of 
the first and second directed fisheries within the harvest limit area 
(HLA) in Statistical Areas 542 and 543. These actions are necessary to 
prevent exceeding the HLA limits established for the Central (area 542) 
and Western (area 543) Aleutian Districts pursuant to the 2006 Atka 
mackerel TAC.

DATES: The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 A season allowance of the 2006 TAC of Atka mackerel specified 
for other gear in the Eastern Aleutian District and the Bering Sea 
subarea was established as 3,434 metric tons (mt) by the 2005 and 2006 
final harvest specifications for groundfish in the BSAI (70 FR 8979, 
February 24, 2005). See Sec.  679.20(a)(8)(ii) and (c)(3)(iii).
    In accordance with Sec.  679.20(d)(1)(i) and (d)(1)(ii)(B), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that 350 mt of the 2006 Atka mackerel TAC for other gear in 
the Eastern Aleutian District and the Bering Sea subarea will be 
necessary as incidental catch to support other anticipated groundfish 
fisheries. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 3,084 mt. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance has been reached. Consequently, NMFS is prohibiting 
directed fishing for Atka mackerel by vessels using other gear in the 
Eastern Aleutian District and the Bering Sea subarea.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543, 48 hours after the closure of the 
Eastern Aleutian District and the Bering Sea subarea Atka mackerel 
directed fishery. The Regional Administrator has established the 
opening date for the second HLA directed fisheries as 48 hours after 
the last closure of the first HLA fisheries in either area 542 or 543. 
Consequently, NMFS is opening and closing directed fishing for Atka 
mackerel in the HLA of areas 542 and 543 in accordance with the periods 
listed under Table 1 of this notice.

                   Table 1. Effective dates and times
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                                              Effective Dates\*\
      Action              Area       -----------------------------------
                                            From               To
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Closing Atka       Eastern Aleutian   1200 hrs,         2400 hrs,
 Mackerel with      District and the   January 20,       December 31,
 gears other than   Bering Sea         2006              2006
 jig gear           subarea
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Opening the first  542                1200 hrs,         1200 hrs,
 directed fishery                      January 22,       February 5,
 in the HLA                            2006              2006
                  ------------------------------------------------------
                   543                1200 hrs,         1200 hrs,
                                       January 22,       February 5,
                                       2006              2006
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[[Page 4529]]

 
Opening the        542                1200 hrs,         1200 hrs,
 second directed                       February 7,       February 21,
 fishery in the                        2006              2006
 HLA
                  ------------------------------------------------------
                   543                1200 hrs,         1200 hrs,
                                       February 3,       February 21,
                                       2006              2006
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\*\Alaska local time

    In accordance with Sec.  679.20(a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS 
has randomly assigned each vessel to the directed fishery or fisheries 
for which they have registered. NMFS has notified each vessel owner as 
to which fishery each vessel has been assigned by NMFS. (71 FR 3247, 
January 20, 2006).
    In accordance with Sec.  679.20(a)(8)(ii)(C)(1), the HLA limits of 
the A season allowance of the 2006 TACs in areas 542 and 543 are 9,851 
mt and 5,550 mt, respectively. Based on those limits and the proportion 
of the number of vessels in each fishery compared to the total number 
of vessels participating in the HLA directed fishery for area 542 or 
543, the harvest limit for each HLA directed fishery in areas 542 and 
543 are as follows: for the first directed fishery in area 542, 4,926 
mt; for the first directed fishery in area 543, 2,775 mt; for the 
second directed fishery in area 542, 4,925 mt; and for the second 
directed fishery in area 543, 2,775 mt. In accordance with Sec.  
679.20(a)(8)(iii)(E), the Regional Administrator has established the 
closure dates of the Atka mackerel directed fisheries in the HLA for 
areas 542 and 543 based on the amount of the harvest limit and the 
estimated fishing capacity of the vessels assigned to the respective 
fisheries. Consequently, NMFS is prohibiting directed fishing for Atka 
mackerel in the HLA of areas 542 and 543 in accordance with the dates 
and times listed in Table 1 of this notice.

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) and 50 CFR 679.20(b)(3)(iii)(A) 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 responding to the most recent fisheries data in 
a timely fashion and would delay the closure of the Atka mackerel 
fishery in the Eastern Aleutian District and the Bering Sea subarea and 
the opening and closing of the fisheries for the HLA limits established 
for area 542 and area 543 pursuant to the 2006 Atka mackerel TAC. NMFS 
was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
January 12, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: January 23, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-801 Filed 1-24-06; 1:26 pm]
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