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59406 Federal Register / Vol. 71, No.

195 / Tuesday, October 10, 2006 / Rules and Regulations

A delay to provide a cooling off period Council under authority of the DEPARTMENT OF COMMERCE
also would be expected to cause the Magnuson-Stevens Fishery
fishery to exceed its allocation. Conservation and Management Act. National Oceanic and Atmospheric
Therefore, good cause also exists to Regulations governing fishing by U.S. Administration
waive the 30–day delay in effectiveness vessels in accordance with the FMP
requirement of 5 U.S.C. 553 (d)(3). The appear at subpart H of 50 CFR part 600 50 CFR Part 679
aggregate data upon which the and CFR part 679. [Docket No. 060216045–6045–01; I.D.
determination is based are available for The 2006 TAC of Pacific ocean perch 100306E]
public inspection at the Office of the in the Western Aleutian District of the
Regional Administrator (see ADDRESSES) BSAI is 4,703 metric tons as established Fisheries of the Exclusive Economic
during business hours. This action is by the 2006 and 2007 harvest Zone Off Alaska; Reallocation of
taken under the authority of 50 CFR specifications for groundfish of the Pacific Cod in the Bering Sea and
660.323 (b) and is exempt from review BSAI (71 FR 10870, March 3, 2006). Aleutian Islands Management Area
under Executive Order 12866.
In accordance with § 679.20(d)(2), the AGENCY: National Marine Fisheries
Authority: 16 U.S.C. 1801 et seq. Service (NMFS), National Oceanic and
Administrator, Alaska Region, NMFS,
Dated: October 3, 2006. has determined that the 2006 TAC of Atmospheric Administration (NOAA),
James P. Burgess, Pacific ocean perch in the Western Commerce.
Acting Director, Office Of Sustainable Aleutian District of the BSAI has been ACTION: Temporary rule; reallocation.
Fisheries, National Marine Fisheries Service. reached. Therefore, NMFS is requiring
[FR Doc. E6–16676 Filed 10–6–06; 8:45 am] that further catches of Pacific ocean SUMMARY: NMFS is reallocating the
BILLING CODE 3510–22–S perch in the Western Aleutian District projected unused amount of Pacific cod
of the BSAI be treated as prohibited from vessels using trawl and jig gear to
species in accordance with § 679.21(b). catcher processor vessels using hook-
DEPARTMENT OF COMMERCE and-line gear and vessels using pot gear
Classification in the Bering Sea and Aleutian Islands
National Oceanic and Atmospheric management area (BSAI). These actions
Administration This action responds to the best
are necessary to allow the 2006 total
available information recently obtained
allowable catch (TAC) of Pacific cod to
50 CFR Part 679 from the fishery. The Assistant be harvested.
Administrator for Fisheries, NOAA
[Docket No. 060216045–6045–01; I.D. DATES: Effective October 6, 2006, until
(AA), finds good cause to waive the
100406B]
requirement to provide prior notice and 2400 hours, A.l.t., December 31, 2006.
opportunity for public comment FOR FURTHER INFORMATION CONTACT:
Fisheries of the Exclusive Economic Jennifer Hogan, 907–586–7228.
Zone Off Alaska; Pacific Ocean Perch pursuant to the authority set forth at 5
in the Western Aleutian District of the U.S.C. 553(b)(B) as such requirement is SUPPLEMENTARY INFORMATION: NMFS
Bering Sea and Aleutian Islands impracticable and contrary to the public manages the groundfish fishery in the
interest. This requirement is BSAI according to the Fishery
AGENCY: National Marine Fisheries impracticable and contrary to the public Management Plan for Groundfish of the
Service (NMFS), National Oceanic and interest as it would prevent NMFS from Bering Sea and Aleutian Islands
Atmospheric Administration (NOAA), responding to the most recent fisheries Management Area (FMP) prepared by
Commerce. data in a timely fashion and would the North Pacific Fishery Management
ACTION: Temporary rule; prohibition of delay the prohibition of retention of Council under authority of the
retention. Pacific ocean perch in the Western Magnuson-Stevens Fishery
Aleutian District of the BSAI. NMFS Conservation and Management Act.
SUMMARY: NMFS is prohibiting retention Regulations governing fishing by U.S.
was unable to publish a notice
of Pacific ocean perch in the Western providing time for public comment vessels in accordance with the FMP
Aleutian District of the Bering Sea and because the most recent, relevant data appear at subpart H of 50 CFR part 600
Aleutian Islands (BSAI). NMFS is only became available as of October 3, and 50 CFR part 679.
requiring that catch of Pacific ocean 2006. The 2006 Pacific cod TAC in the BSAI
perch in this area be treated in the same is 189,768 metric tons (mt) as
manner as prohibited species and The AA also finds good cause to
waive the 30–day delay in the effective established by the 2006 and 2007 final
discarded at sea with a minimum of harvest specifications for groundfish in
injury. This action is necessary because date of this action under 5 U.S.C.
553(d)(3). This finding is based upon the BSAI (71 FR 10894, March 3, 2006)
the 2006 total allowable catch (TAC) of and adjustments (71 FR 13777, March
Pacific ocean perch in this area has been the reasons provided above for waiver of
prior notice and opportunity for public 17, 2006 and 71 FR 55347, September
reached. 22, 2006). Pursuant to § 679,29(a)(7)(i),
DATES: Effective 1200 hrs, Alaska local
comment.
the allocations of the Pacific cod TAC
time (A.l.t.), October 4, 2006, until 2400 This action is required by § 679.20 are 267 mt to catcher vessels using
hrs, A.l.t., December 31, 2006. and is exempt from review under hook-and-line gear, 71,218 mt to catcher
FOR FURTHER INFORMATION CONTACT: Executive Order 12866. processor vessels using hook-and-line
Jennifer Hogan, 907–586–7228. Authority: 16 U.S.C. 1801 et seq. gear, 2,938 mt to catcher processor
SUPPLEMENTARY INFORMATION: NMFS vessels using pot gear, 13,354 mt to
Dated: October 4, 2006.
manages the groundfish fishery in the catcher vessels using pot gear, 41,251 mt
GOA exclusive economic zone James P. Burgess, to catcher processors using trawl gear,
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according to the Fishery Management Acting Director, Office of Sustainable and 41,251 mt to catcher vessels using
Plan for the Groundfish Fishery of the Fisheries, National Marine Fisheries Service. trawl gear. The allocation to catcher
Gulf of Alaska (FMP) prepared by the [FR Doc. 06–8570 Filed 10–4–06; 2:22 pm] vessels less than 60 feet (18.3 m) LOA
North Pacific Fishery Management BILLING CODE 3510–22–S using hook-and-line or pot gear is 3,232

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Federal Register / Vol. 71, No. 195 / Tuesday, October 10, 2006 / Rules and Regulations 59407

mt and to vessels using jig gear is 1,514 impracticable and contrary to the public Bering Sea and Aleutian Islands
mt after three reallocations (71 FR interest as it would prevent NMFS from Management Area (FMP).
14825, March 24, 2006, 71 FR 25508 responding to the most recent fisheries DATES: Effective October 6, 2006,
May 1, 2006, and 71 FR 44230, August data in a timely fashion and would through 2400 hrs, Alaska local time
4, 2006). delay the reallocation of projected (A.l.t.), December 31, 2006.
As of October 02, 2006, the unused amounts of Pacific cod in the
FOR FURTHER INFORMATION CONTACT:
Administrator, Alaska Region, NMFS BSAI. NMFS was unable to publish a
Jennifer Hogan, 907–586–7228.
(Regional Administrator), has notice providing time for public
determined that catcher processors comment because the most recent, SUPPLEMENTARY INFORMATION: NMFS
using trawl gear will not be able to relevant data only became available as manages the groundfish fishery in the
harvest 5,406 mt and catcher vessels of October 2, 2006. Bering Sea and Aleutian Islands
using trawl gear will not be able to The AA also finds good cause to Management Area (BSAI) according to
harvest 7,427 mt of Pacific cod allocated waive the 30–day delay in the effective the FMP prepared by the North Pacific
to those vessels under date of this action under 5 U.S.C. Fishery Management Council under
§ 679.20(a)(7)(i)(B). Therefore, in 553(d)(3). This finding is based upon authority of the Magnuson-Stevens
accordance with § 679.20(a)(7)(ii)(C)(2), the reasons provided above for waiver of Fishery Conservation and Management
NMFS apportions 12,833 mt of Pacific prior notice and opportunity for public Act. Regulations governing fishing by
cod from trawl gear to catcher processor comment. U.S. vessels in accordance with the FMP
vessels using hook-and-line gear and This action is required by § 679.20 appear at subpart H of 50 CFR part 600
vessels using pot gear. and is exempt from review under and 50 CFR part 679.
The Regional Administrator has also Executive Order 12866. In the Aleutian Islands subarea, the
determined that vessels using jig gear Authority: 16 U.S.C. 1801 et seq. portion of the 2006 pollock TAC
will not harvest 1,300 mt of their Pacific allocated to the Aleut Corporation’s
Dated: October 03, 2006. DFA is 5,500 metric tons (mt) and the
cod allocation by the end of the year.
James P. Burgess, ICA is 1,800 mt as established by the
Also, catcher vessels less than 60 feet
(18.3 m) LOA using hook-and-line or Acting Director, Office of Sustainable 2006 and 2007 final harvest
Fisheries, National Marine Fisheries Service. specifications for groundfish in the
pot gear will not be able to harvest any
additional Pacific cod. Therefore, in [FR Doc. E6–16675 Filed 10–6–06; 8:45 am] BSAI (71 FR 10894, March 3, 2006) and
accordance with § 679.20(a)(7)(ii)(C)(1) BILLING CODE 3510–22–S the reallocation on March 3, 2006 (71
and § 679.20(a)(7)(ii)(B), NMFS is FR 11541, March 8, 2006) and on
reallocating the unused amount of 1,300 August 16, 2006 (71 FR 48483, August
mt of Pacific cod allocated to vessels DEPARTMENT OF COMMERCE 21, 2006).
using jig gear to catcher processor As of October 2, 2006, the
National Oceanic and Atmospheric
vessels using hook-and-line gear and Administrator, Alaska Region, NMFS,
Administration
vessels using pot gear. (Regional Administrator) has
The harvest specifications for Pacific determined that 4,603 mt of Aleut
50 CFR Part 679
cod included in the harvest Corporation’s DFA and 700 mt of ICA
specifications for groundfish in the [Docket No. 060216045–6045–01; I.D. pollock in the Aleutian Islands subarea
BSAI (71 FR 10894, March 3, 2006) and 100306D] will not be harvested. Therefore, in
adjustments (71 FR 13777, March 17, accordance with § 679.20(a)(5)(iii)(B)(4),
Fisheries of the Exclusive Economic NMFS proportionally reallocates 4,603
2006 and 71 FR 55347, September 22,
Zone Off Alaska; Reallocation of mt of Aleut Corporation’s DFA and 700
2006) are revised as follows: 214 mt to
Pollock in the Bering Sea and Aleutian mt of ICA pollock from the Aleutian
vessels using jig gear, 84,709 mt to
Islands Islands subarea to the 2006 Bering Sea
catcher processor vessels using hook-
and-line gear, 13,880 mt to catcher AGENCY: National Marine Fisheries subarea B season allocations.
vessels using pot gear, 3,053 mt to Service (NMFS), National Oceanic and As a result, the harvest specifications
catcher processor vessels using pot gear, Atmospheric Administration (NOAA), for pollock in the Aleutian Islands
35,845 mt to catcher processor vessels Commerce. subarea included in the harvest
using trawl gear, and 33,824 mt to ACTION: Temporary rule; reallocation. specifications for groundfish in the
catcher vessels using trawl gear. BSAI (71 FR 48483, August 21, 2006)
SUMMARY: NMFS is reallocating the are revised as follows: 897 mt to Aleut
Classification projected unused amounts of the Aleut Corporation’s DFA and 1,100 mt to ICA
This action responds to the best Corporation’s pollock directed fishing pollock. Furthermore, pursuant to
available information recently obtained allowance (DFA) and the Aleutian § 679.20(a)(5), Tables 3 and 10 of the
from the fishery. The Assistant Islands pollock incidental catch 2006 and 2007 final harvest
Administrator for Fisheries, NOAA, allowance (ICA) from the Aleutian specifications for groundfish in the
(AA) finds good cause to waive the Islands subarea to the Bering Sea BSAI (71 FR 48483, August 21, 2006)
requirement to provide prior notice and subarea directed fisheries. These actions are revised for 2006 pollock allocations
opportunity for public comment are necessary to provide opportunity for consistent with this reallocation. This
pursuant to the authority set forth at 5 harvest of the 2006 total allowable catch reallocation results in proportional
U.S.C. 553(b)(B) as such a requirement (TAC) of pollock, consistent with the adjustments to the 2006 B season Aleut
is impracticable and contrary to the goals and objectives of the Fishery Corporation and ICA pollock allocations
public interest. This requirement is Management Plan for Groundfish of the established at § 679.20(a)(5).
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