Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak Gully Research Area for Vessels Using Trawl Gear, 53338-53339 [06-7569]

Download as PDF 53338 Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations Temporary rule; modification of a closure. ACTION: bjneal on PROD1PC71 with RULES SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 610 of the Gulf of Alaska (GOA). This action is necessary to fully use the C 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.), September 6, 2006, through 1200 hrs, A.l.t., October 1, 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. NMFS closed the directed fishery for pollock in Statistical Area 610 of the GOA under § 679.20(d)(1)(iii) on September 3, 2006 (71 FR 52500, September 6, 2006). NMFS has determined that approximately 5,400 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 C 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. 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 September 5, 2006. VerDate Aug<31>2005 16:10 Sep 08, 2006 Jkt 208001 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: September 6, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–7568 Filed 9–6–06; 1:37 pm] BILLING CODE 3510–22–S September 20 under regulations at § 679.22(b)(6)(ii)(A). This closure is in support of a research project to evaluate the effect of commercial fishing activity on the prey availability of pollock to Steller sea lions. The regulations at § 679.22(b)(6)(ii)(B) provide that the Acting Regional Administrator, Alaska Region, NMFS, (Regional Administrator) may rescind the trawl closure prior to September 20. As of September 6, 2006, the research has been completed in the Chiniak Gully Research Area. Therefore, the Regional Administrator is rescinding the closure of the Chiniak Gully Research Area. All other closures remain in full force and effect. DEPARTMENT OF COMMERCE Classification National Oceanic and Atmospheric Administration 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 a 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 immediately implementing this action in order to allow the participation of vessels using trawl gear in the Chiniak Gully Research Area. The research in the Chiniak Gully Research Area will be completed on September 6, 2006. Therefore, it is no longer necessary to keep this area closed. Allowing for prior notice and an opportunity for public comment would prevent the fisheries from realizing the economic benefits of this action. In addition, this rule is not subject to a 30-day delay in the effective date pursuant to 5 U.S.C. 553(b)(B) because it relieves a restriction. This action would reopen the Chiniak Gully Research Area to vessels using trawl gear and allow these vessels to participate in directed fishing for groundfish. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. This action has been determined to be not significant for purposes of EO 12866. 50 CFR Part 679 [Docket No. 060216044–6044–01; I.D. 090506C] Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak Gully Research Area for Vessels Using Trawl Gear National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. AGENCY: SUMMARY: NMFS is rescinding the trawl closure in the Chiniak Gully Research Area. This action is necessary to allow vessels using trawl gear to participate in directed fishing for groundfish in the Chiniak Gully Research Area after the completion of NMFS research on September 6, 2006. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 6, 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 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 Chiniak Gully Research Area is closed to vessels using trawl gear from August 1 to a date no later than PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\11SER1.SGM 11SER1 Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations Dated: September 5, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–7569 Filed 9–6–06; 1:37 pm] reopening directed fishing for pollock in Statistical Area 620 of the GOA. BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044–6044–01; I.D. 090606B] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. bjneal on PROD1PC71 with RULES AGENCY: SUMMARY: NMFS is opening directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to fully use the C season allowance of the 2006 total allowable catch (TAC) of pollock specified for Statistical Area 620 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 6, 2006, through 1200 hrs, A.l.t., October 1, 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. NMFS closed the directed fishery for pollock in Statistical Area 620 of the GOA under § 679.20(d)(1)(iii) on September 3, 2006 (71 FR 52500, September 6, 2006). NMFS has determined that approximately 3,400 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 C season allowance of the 2006 TAC of pollock in Statistical Area 620, NMFS is terminating the previous closure and is VerDate Aug<31>2005 16:10 Sep 08, 2006 Jkt 208001 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 620 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 September 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 § 679.25 and § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 6, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–7570 Filed 9–6–06; 1:37 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. 090606C] Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment; opening; request for comments. AGENCY: SUMMARY: NMFS is opening directed fishing for species that comprise the PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 53339 shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA), effective 1200 hours, Alaska local time, September 6, 2006. This adjustment is necessary to allow a 12hour fishery for species that comprise the shallow-water species fishery by vessels using trawl gear in the GOA to resume, without exceeding the 2006 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA. DATES: Effective 12 noon, Alaska local time (A.l.t.), September 6, 2006, through 12 midnight, A.l.t., September 6, 2006. Comments must be received no later than 4:30 p.m., A.l.t., September 21, 2006. 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 shallowtrawl@noaa.gov and include in the subject line of the email comment the document identifier: goaswx4srob (E-mail comments, with or without attachments, are limited to 5 megabytes); or • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments. ADDRESSES: 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 bycatch allowance specified for the shallowwater species fishery in the GOA is 900 metric tons (mt) as established by the 2006 and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, March 3, 2006), for the period 1200 hrs, A.l.t., September 1, 2006, through 1200 hrs, A.l.t., October 1, 2006. NMFS closed directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the E:\FR\FM\11SER1.SGM 11SER1

Agencies

[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Rules and Regulations]
[Pages 53338-53339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7569]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216044-6044-01; I.D. 090506C]


Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak 
Gully Research Area for Vessels Using Trawl Gear

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule.

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SUMMARY: NMFS is rescinding the trawl closure in the Chiniak Gully 
Research Area. This action is necessary to allow vessels using trawl 
gear to participate in directed fishing for groundfish in the Chiniak 
Gully Research Area after the completion of NMFS research on September 
6, 2006.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 6, 
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 
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 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 Chiniak Gully Research Area is closed to vessels using trawl 
gear from August 1 to a date no later than September 20 under 
regulations at Sec.  679.22(b)(6)(ii)(A). This closure is in support of 
a research project to evaluate the effect of commercial fishing 
activity on the prey availability of pollock to Steller sea lions.
    The regulations at Sec.  679.22(b)(6)(ii)(B) provide that the 
Acting Regional Administrator, Alaska Region, NMFS, (Regional 
Administrator) may rescind the trawl closure prior to September 20. As 
of September 6, 2006, the research has been completed in the Chiniak 
Gully Research Area. Therefore, the Regional Administrator is 
rescinding the closure of the Chiniak Gully Research Area. All other 
closures remain in full force and effect.

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 a 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 
immediately implementing this action in order to allow the 
participation of vessels using trawl gear in the Chiniak Gully Research 
Area. The research in the Chiniak Gully Research Area will be completed 
on September 6, 2006. Therefore, it is no longer necessary to keep this 
area closed. Allowing for prior notice and an opportunity for public 
comment would prevent the fisheries from realizing the economic 
benefits of this action. In addition, this rule is not subject to a 30-
day delay in the effective date pursuant to 5 U.S.C. 553(b)(B) because 
it relieves a restriction. This action would reopen the Chiniak Gully 
Research Area to vessels using trawl gear and allow these vessels to 
participate in directed fishing for groundfish.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This action has been determined to be not significant for purposes 
of EO 12866.

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


[[Page 53339]]


    Dated: September 5, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-7569 Filed 9-6-06; 1:37 pm]
BILLING CODE 3510-22-S