[Federal Register: July 6, 2005 (Volume 70, Number 128)]
[Rules and Regulations]
[Page 38815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy05-19]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 062905A]
Fisheries of the Exclusive Economic Zone Off Alaska; ``Other
Flatfish'' 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 ``other flatfish'' in
the Bering Sea and Aleutian Islands management area (BSAI). This action
is necessary to prevent exceeding the 2005 ``other flatfish'' total
allowable catch (TAC) in the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 6, 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 ``other flatfish'' TAC in the BSAI is 4,375 metric tons
(mt) as established by the 2005 and 2006 final harvest specifications
for groundfish in the BSAI (70 FR 8979, February 24, 2005) and the
apportionment from the non-specified reserve of groundfish to ``other
flatfish'' in the BSAI, effective July 6, 2005, published in the Rules
section of today's Federal Register.
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS, has determined that the 2005 ``other flatfish'' TAC in
the BSAI will soon be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 3,375 mt, and is setting
aside the remaining 1,000 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
``other flatfish'' 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.
``Other flatfish'' consists of all flatfish species, except for
Pacific halibut, flathead sole, Greenland turbot, rock sole, yellowfin
sole, arrowtooth flounder, and Alaska plaice.
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 ``other flatfish'' 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: June 29, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-13259 Filed 6-30-05; 12:42 pm]
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