Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations 60077 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Resources of the South Atlantic 

(FMP). The FMP was prepared by the 

South Atlantic Fishery Management 

Council and is implemented under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. Those 

regulations set the commercial quota for 

golden tilefish in the South Atlantic at 

295,000 lb (133,810 kg), gutted weight 

(GW), and 151,000 lb (68,492 kg), GW, 

for snowy grouper for the current 

fishing year, January 1 through 

December 31, 2006. 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect in 

the Federal Register. Based on current 

statistics, NMFS has determined that the 

available commercial quota of 295,000 

lb (133,810 kg), GW, for golden tilefish 

and 151,000 lb (68,492 kg), GW, for 

snowy grouper will be reached on or 

before October 23, 2006. Accordingly, 

NMFS is closing the commercial golden 

tilefish and snowy grouper fisheries in 

the South Atlantic EEZ from 12:01 a.m., 

local time, on October 23, 2006, until 

12:01 a.m., local time, on January 1, 

2007. The operator of a vessel with a 

valid commercial vessel permit for 

South Atlantic snapper-grouper having 

golden tilefish and/or snowy grouper 

aboard must have landed and bartered, 

traded, or sold such golden tilefish and/ 

or snowy grouper prior to 12:01 a.m., 

local time, October 23, 2006. 

During the closure, the appropriate 

bag limits specified in 50 CFR 

622.39(d)(1) and the applicable 

possession limits specified in 50 CFR 

622.39(d)(2) apply to all harvest or 

possession of golden tilefish and snowy 

grouper in or from the South Atlantic 

EEZ, and the sale or purchase of golden 

tilefish or snowy grouper taken from the 

EEZ is prohibited. The prohibition on 

sale or purchase does not apply to sale 

or purchase of golden tilefish or snowy 

grouper that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, October 23, 2006, and were 

held in cold storage by a dealer or 

processor. 

Classification 

This action responds to the best 

available information recently obtained 

from the fisheries. The Assistant 

Administrator for Fisheries, NOAA, 

finds that the need to immediately 

implement this action to close the 

fisheries constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(3)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Similarly, there is a 

need to implement these measures in a 

timely fashion to prevent an overrun of 

the commercial quotas of South Atlantic 

golden tilefish and snowy grouper, 

given the capacity of the fishing fleet to 

harvest the quotas quickly. Any delay in 

implementing this action would be 

impractical and contrary to the 

Magnuson-Stevens Act, the FMP, and 

the public interest. For these same 

reasons, NMFS finds good cause that the 

implementation of this action cannot be 

delayed for 30 days. Accordingly, under 

5 U.S.C. 553(d), a delay in the effective 

date is waived. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: October 5, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E6–16934 Filed 10–11–06; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216045–6045–01; I.D. 

100506C] 

Fisheries of the Economic Exclusive 

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; modification of 

a closure; request for comments. 

SUMMARY: NMFS is opening directed 

fishing for Atka mackerel with gears 

other than jig 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 fully use the 2006 Atka 

mackerel total allowable catch (TAC) 

specified for gears other than jig in the 

Eastern Aleutian District and the Bering 

Sea subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 7, 2006, through 

2400 hrs, A.l.t., December 31, 2006. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 23, 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 atka@noaa.gov and 

include in the subject line of the e-mail 

comment the document identifier: 

aieamckro (E-mail comments, with or 

without attachments, are limited to 5 

megabytes); or 

• Webform at the Federal eRulemaking 

Portal: http://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 

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. 

NMFS closed directed fishing for Atka 

mackerel with gears other than jig in the 

Eastern Aleutian District and the Bering 

Sea subarea of the BSAI under 

§ 679.20(d)(1)(iii) on September 2, 2006 

(71 FR 48485, August 21, 2006). 

NMFS has determined that as of 

September 20, 2006, approximately 

1,884 metric tons of Atka mackerel 

remain in the 2006 Atka mackerel TAC 

specified for gears other than jig in the 

Eastern Aleutian District and the Bering 

Sea subarea of the BSAI. Therefore, in 

accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C), and (a)(2)(iii)(D), and to 

allow the Atka mackerel fishery to 

resume, NMFS is terminating the 

previous closure and is reopening 

directed fishing for Atka mackerel with 

gears other than jig in the Eastern 

Aleutian District and the Bering Sea 

subarea of the BSAI. 


rwilkins on PROD1PC63 with RULES
60078 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations 

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 the fishery, not 

allow the full utilization of the Atka 

mackerel TAC specified for gears other 

than jig in the Eastern Aleutian District 

and the Bering Sea subarea of the BSAI, 

and therefore reduce the public’s ability 

to use and enjoy the fishery resource. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of October 4, 

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. 

Without this inseason adjustment, 

NMFS could not allow the Atka 

mackerel fishery by vessels using other 

gear in the GOA to be harvested in an 

expedient manner and in accordance 

with the regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

October 23, 2006. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 5, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–8637 Filed 10–6–06; 2:19 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. 

100606A] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Trawl Gear in the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for groundfish by vessels using 

trawl gear in the Gulf of Alaska (GOA), 

except for directed fishing for pollock 

by vessels using pelagic trawl gear in 

those portions of the GOA open to 

directed fishing for pollock. This action 

is necessary because the 2006 Pacific 

halibut prohibited species catch (PSC) 

limit specified for vessels using trawl 

gear in the GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 8, 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 Pacific halibut PSC limit for 

vessels using trawl gear is 2,000 metric 

tons as established by the 2006 and 

2007 harvest specifications for 

groundfish of the GOA (71 FR 10870, 

March 3, 2006). 

The Administrator, Alaska Region, 

NMFS, has determined, in accordance 

with § 679.21(d)(7)(i), that the 2006 

Pacific halibut PSC limit specified for 

vessels using trawl gear in the GOA has 

been reached. Therefore, NMFS is 

closing directed fishing for groundfish 

by vessels using trawl gear in the GOA, 

except for directed fishing for pollock 

by vessels using pelagic trawl gear in 

those portions of the GOA that remain 

open to directed fishing for pollock. 

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 directed fishing for 

groundfish 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 October 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 6, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–8638 Filed 10–6–06; 2:19 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216045–6045–01; I.D. 

100506B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Western Aleutian District of the Bering 

Sea and Aleutian Islands Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Western 


rwilkins on PROD1PC63 with RULES