56412 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations 

quota. Because of the rate of harvest in 

this fishery, failure to modify the fishing 

schedule would allow the quota to be 

exceeded, resulting in fewer spawning 

fish and possibly reduced yield of the 

stocks in the future. For the same 

reasons, the AA also finds good cause to 

waive the 30–day delay in effectiveness 

required under U.S.C. 553(d)(3). 

This action is authorized by 50 CFR 

660.409 and 660.411 and is exempt from 

review under Executive Order 12866. 

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

Dated: September 22, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E6–15900 Filed 9–26–06; 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. 

092106G] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Central 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 Central 

Aleutian District of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2006 Atka 

mackerel total allowable catch (TAC) in 

the Central Aleutian District of the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 23, 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 

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 Atka mackerel TAC in the 

Central Aleutian District of the BSAI is 

37,000 metric tons (mt) as established 

by the 2006 and 2007 final harvest 

specifications for groundfish in the 

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

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2006 Atka mackerel 

TAC in the Central Aleutian District of 

the BSAI will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 36,990 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 Atka mackerel in the 

Central Aleutian District of the BSAI. 

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 Atka mackerel in 

the Central 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 September 21, 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: September 21, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–8285 Filed 9–22–06; 1:02 pm] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with RULES