[Federal Register: July 13, 2005 (Volume 70, Number 133)]
[Rules and Regulations]
[Page 40231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy05-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 070805A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Eastern Aleutian District of the Bering Sea and
Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific Ocean perch
in the Eastern Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the 2005 Pacific Ocean perch total allowable catch (TAC) in the Eastern
Aleutian District of the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 10, 2005,
through 2400 hrs, A.l.t., December 31, 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 2005 Pacific Ocean perch TAC in the Eastern Aleutian District
of the BSAI is 2,849 metric tons (mt) 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. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS, has determined that the 2005 Pacific Ocean perch TAC in
the Eastern Aleutian District of the BSAI will soon be reached.
Therefore, the Regional Administrator is establishing a directed
fishing allowance of 2,799 mt, and is setting aside the remaining 50 mt
as bycatch to support other anticipated groundfish fisheries. In
accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator
finds that this directed fishing allowance has been reached.
Consequently, NMFS is prohibiting directed fishing for Pacific Ocean
perch in the Eastern Aleutian District of 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 Pacific Ocean perch in the Eastern Aleutian
District of 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. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 8, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-13791 Filed 7-08-05; 3:01 pm]
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