Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone Rock sole, flathead sole, and other flatfish,
FR, April 18, 2006 › Rules › National Oceanic and Atmospheric Administration
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Federal Register: April 18, 2006 (Volume 71, Number 74)Rules and RegulationsPage 19829-19830From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr18ap06-13
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
Docket No. 060216045-6045-01; I.D. 041206AFisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, Flathead Sole, and ``Other Flatfish'' by Vessels Using Trawl Gear in 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 closing directed fishing for rock sole, flathead sole, and ``other flatfish'' by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the second seasonal allowance of the 2006 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ``other flatfish'' fishery category in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 13, 2006, through 1200 hrs, A.l.t., July 1, 2006.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 second seasonal allowance of the 2006 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ``other flatfish'' fishery category in the BSAI is 164 metric tons as established by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006).
In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined that the second seasonal allowance of the 2006 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ``other flatfish'' fishery category in the BSAI has been caught. Consequently, NMFS is closing directed fishing for rock sole, flathead sole, and ``other flatfish'' by vessels using trawl gear in the BSAI.
``Other flatfish'' includes Alaska plaice, as well as all other flatfish species except for Pacific halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole, flathead sole, and arrowtooth flounder.
After the effective date of this closure the maximum retainable amounts at Sec. 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
[Page 19830]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 rock sole, flathead sole, and ``other flatfish'' by vessels using trawl gear in 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 April 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. 679.21 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 12, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 06-3676 Filed 4-13-06; 3:20 pmBILLING CODE 3510-22-S
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