[Federal Register: December 15, 2005 (Volume 70, Number 240)]
[Rules and Regulations]
[Page 74208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de05-11]
[[Page 74208]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 120905A]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher/Processor Vessels Using Hook-and-line Gear in 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 cod by
catcher/processor vessels using hook-and-line gear in the Bering Sea
and Aleutian Islands management area (BSAI). This action is necessary
to prevent exceeding the 2005 total allowable catch (TAC) of Pacific
cod specified for catcher/processor vessels using hook-and-line gear in
the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 12,
2005, until 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 cod TAC allocated to catcher/processor vessels
using hook-and-line gear in the BSAI is 99,519 metric tons as
established by the 2005 and 2006 final harvest specifications for
groundfish in the BSAI (70 FR 8979, February 24, 2005), the
reallocation on October 5, 2005 (70 FR 58983, October 11, 2005) and the
reallocation on November 21, 2005 (70 FR 71039, November 25, 2005). See
Sec. 679.20(c)(3)(iii) and (c)(5), and (a)(7)(i)(C).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, has determined that the 2005 Pacific cod TAC
allocated to catcher/processor vessels using hook-and-line gear in the
BSAI will soon be reached. Consequently, NMFS is prohibiting directed
fishing for Pacific cod by catcher/processor vessels using hook-and-
line gear in the BSAI.
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 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 cod by catcher/processor vessels
using hook-and-line 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. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 9, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-24078 Filed 12-12-05; 1:45 pm]
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