59406 Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Rules and Regulations 

A delay to provide a cooling off period 

also would be expected to cause the 

fishery to exceed its allocation. 

Therefore, good cause also exists to 

waive the 30–day delay in effectiveness 

requirement of 5 U.S.C. 553 (d)(3). The 

aggregate data upon which the 

determination is based are available for 

public inspection at the Office of the 

Regional Administrator (see ADDRESSES) 

during business hours. This action is 

taken under the authority of 50 CFR 

660.323 (b) and is exempt from review 

under Executive Order 12866. 

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

Dated: October 3, 2006. 

James P. Burgess, 

Acting Director, Office Of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E6–16676 Filed 10–6–06; 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. 

100406B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western Aleutian District of the 

Bering Sea and Aleutian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; prohibition of 

retention. 

SUMMARY: NMFS is prohibiting retention 

of Pacific ocean perch in the Western 

Aleutian District of the Bering Sea and 

Aleutian Islands (BSAI). NMFS is 

requiring that catch of Pacific ocean 

perch in this area be treated in the same 

manner as prohibited species and 

discarded at sea with a minimum of 

injury. This action is necessary because 

the 2006 total allowable catch (TAC) of 

Pacific ocean perch in this area has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 4, 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 the Groundfish Fishery 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 CFR part 679. 

The 2006 TAC of Pacific ocean perch 

in the Western Aleutian District of the 

BSAI is 4,703 metric tons as established 

by the 2006 and 2007 harvest 

specifications for groundfish of the 

BSAI (71 FR 10870, March 3, 2006). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the 2006 TAC of 

Pacific ocean perch in the Western 

Aleutian District of the BSAI has been 

reached. Therefore, NMFS is requiring 

that further catches of Pacific ocean 

perch in the Western Aleutian District 

of the BSAI be treated as prohibited 

species in accordance with § 679.21(b). 

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 prohibition of retention of 

Pacific ocean perch in the Western 

Aleutian District of the BSAI. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of October 3, 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 4, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–8570 Filed 10–4–06; 2:22 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. 

100306E] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod 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; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using trawl and jig gear to 

catcher processor vessels using hookand-line gear and vessels using pot gear 

in the Bering Sea and Aleutian Islands 

management area (BSAI). These actions 

are necessary to allow the 2006 total 

allowable catch (TAC) of Pacific cod to 

be harvested. 

DATES: Effective October 6, 2006, until 

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

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 2006 Pacific cod TAC in the BSAI 

is 189,768 metric tons (mt) as 

established by the 2006 and 2007 final 

harvest specifications for groundfish in 

the BSAI (71 FR 10894, March 3, 2006) 

and adjustments (71 FR 13777, March 

17, 2006 and 71 FR 55347, September 

22, 2006). Pursuant to § 679,29(a)(7)(i), 

the allocations of the Pacific cod TAC 

are 267 mt to catcher vessels using 

hook-and-line gear, 71,218 mt to catcher 

processor vessels using hook-and-line 

gear, 2,938 mt to catcher processor 

vessels using pot gear, 13,354 mt to 

catcher vessels using pot gear, 41,251 mt 

to catcher processors using trawl gear, 

and 41,251 mt to catcher vessels using 

trawl gear. The allocation to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear is 3,232 


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