[Federal Register: April 26, 2005 (Volume 70, Number 79)]
[Rules and Regulations]
[Page 21341]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap05-10]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 042105B]
Fisheries of the Exclusive Economic Zone Off Alaska; Species in
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category 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: Closure.
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SUMMARY: NMFS is closing directed fishing for species in the rock sole/
flathead sole/``other flatfish'' fishery category 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 apportionment of the 2005 halibut bycatch allowance specified
for the trawl rock sole/flathead sole/``other flatfish'' fishery
category in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 22, 2005,
through 1200 hrs, A.l.t., July 5, 2005.
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 apportionment of the 2005 halibut bycatch
allowance specified for the trawl rock sole/flathead sole/``other
flatfish'' fishery category in the BSAI, for the period April 1, 2005
through July 5, 2005, is 164 metric tons as established by the 2005 and
2006 final harvest specifications for groundfish in the BSAI (70 FR
8979, February 24, 2005).
In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska
Region, NMFS, has determined that the amount of the second seasonal
apportionment of the 2005 halibut bycatch allowance specified for the
trawl rock sole/flathead sole/``other flatfish'' fishery category in
the BSAI has been caught. Consequently, NMFS is closing directed
fishing for species in the rock sole/flathead sole/``other flatfish''
fishery category by vessels using trawl gear in the BSAI.
After the effective date of this closure the maximum retainable
amounts at Sec. 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 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 species in the rock
sole/flathead sole/``other flatfish'' fishery category by vessels using
trawl gear in the BSAI.
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 21, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-8309 Filed 4-21-05; 2:50 pm]
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