[Federal Register: March 18, 2005 (Volume 70, Number 52)]
[Rules and Regulations]
[Page 13120-13121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr05-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 031505B]
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole by Vessels Using Trawl Gear in Bycatch Limitation Zone 1 of the
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 yellowfin sole by vessels
using trawl gear in Bycatch Limitation Zone 1 (Zone 1) of the Bering
Sea and Aleutian Islands management area (BSAI). This action is
necessary to prevent exceeding the 2005 bycatch allowance of red king
crab specified for the trawl yellowfin sole fishery in Zone 1.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 16, 2005,
until 2400 hrs, A.l.t., December 31, 2005.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone 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.
In accordance with Sec. 679.21(e)(3)(iv)(B)(1), the 2005 red king
crab bycatch allowance specified for Zone 1 of the BSAI trawl yellowfin
sole fishery is 33,843 animals as established by the 2005 and 2006
final harvest specifications for groundfish of the BSAI (70 FR 8979,
February 24, 2005).
In accordance with Sec. 679.21(e)(7)(ii), the Administrator,
Alaska Region, NMFS, has determined that the 2005 bycatch allowance of
red king crab specified for the trawl yellowfin sole fishery in Zone 1
of the BSAI has been reached. Consequently, the Regional Administrator
is closing directed fishing for yellowfin sole by vessels using trawl
gear in Zone 1 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 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
responding to the most recent fisheries data in a timely fashion and
would delay the closure of the trawl yellowfin sole fishery in Zone 1
of the BSAI.
[[Page 13121]]
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: March 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-5422 Filed 3-15-05; 4:02 pm]
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