5014 Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 

31, 2006) for this subzone. From 

November 1 through March 31, the 

Florida east coast subzone of the Gulf 

group king mackerel is that part of the 

eastern zone north of 25°20.4′ N. lat. (a 

line directly east from the Miami-Dade 

County, FL, boundary). 

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 in 5 

U.S.C. 553(b)(B), as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

increase. Allowing prior notice and 

opportunity for public comment for this 

trip limit increase is contrary to the 

public interest because it requires time, 

thus delaying fishermen’s ability to 

catch more king mackerel than the 

present trip limit allows and preventing 

fishermen from reaping the 

socioeconomic benefits derived from 

this increase in daily catch. 

As this action allows fishermen to 

increase their harvest of king mackerel 

from 50 fish to 75 fish per day in or 

from the EEZ of the Florida east coast 

subzone, the AA finds it relieves a 

restriction and may go into effect on its 

effective date pursuant to 5 U.S.C. 

553(d)(1). 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: January 25, 2006. 

Margo Schulze-Haugen 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–886 Filed 1–26–06; 1:25 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. 

012506A] 

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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA) for 24 

hours. This action is necessary to fully 

use the A season allowance of the 2006 

total allowable catch (TAC) of pollock 

specified for Statistical Area 610 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 26, 2006, through 

1200 hrs, A.l.t., January 27, 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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

January 22, 2006. 

NMFS has determined that, 

approximately 1,900 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the A 

season allowance of the 2006 TAC of 

pollock in Statistical Area 610, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 610 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 24 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 610 of the 

GOA effective 1200 hrs, A.l.t., January 

27, 2006. 

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 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 23, 

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 § 679.25 

and § 679.20 and is exempt from review 

under Executive Order 12866. 

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

Dated: January 25, 2006. 

Margo Schulze-Haugen 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–887 Filed 1–26–06; 1:25 pm] 

BILLING CODE 3510–22–S 


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