[Federal Register Volume 70, Number 14 (Monday, January 24, 2005)]
[Rules and Regulations]
[Pages 3311-3312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1237]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041202338-4338-01; I.D. 011305A]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closures and openings.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears other than jig in the Eastern Aleutian District (area 541) and 
the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the interim 2005 total allowable catch (TAC) of Atka mackerel in these 
areas. NMFS is also announcing the opening and closure dates of the 
first and second directed fisheries within the harvest limit area (HLA) 
in Statistical Areas 542 and 543. These actions are necessary to 
prevent exceeding the HLA limits established for the Central (area 542) 
and Western (area 543) Aleutian Districts pursuant to the interim 2005 
Atka mackerel TAC.

DATES: The prohibition of directed fishing for Atka mackerel with gears 
other than jig in the Eastern Aleutian District and the Bering Sea 
subarea is effective 1200 hrs, Alaska local time (A.l.t.), January 20, 
2005, until superseded by the notice of final 2005 and 2006 harvest 
Specifications for Groundfish, which will be published in the Federal 
Register.
    The first directed fisheries in the HLA in area 542 open effective 
1200 hrs, A.l.t., January 22, 2005, until 1200 hrs, A.l.t., February 5, 
2005.
    The first directed fisheries in the HLA in area 543 open effective 
1200 hrs, A.l.t., January 22, 2005, until 1200 hrs, A.l.t., January 29, 
2005.
    The second directed fishery in the HLA in area 542 open effective 
1200 hrs, A.l.t., February 7, 2005, until 1200 hrs, A.l.t., February 
21, 2005.
    The second directed fishery in the HLA in area 543 open effective 
1200 hrs, A.l.t., February 7, 2005, until 1200 hrs, A.l.t., February 
14, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery 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 interim Atka mackerel TAC for other gear in the Eastern 
Aleutian District and the Bering Sea subarea is 4,729 metric tons (mt) 
as established by the interim 2005 harvest specifications for 
groundfish (69 FR 76870, December 23, 2004). See Sec. Sec.  
679.20(c)(2)(ii) and 679.20(a)(8)(ii).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the interim 
Atka mackerel TAC for other gear in the Eastern Aleutian District and 
the Bering Sea subarea will be necessary as incidental catch to support 
other anticipated groundfish fisheries. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of zero. 
Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing for Atka mackerel with gears other than 
jig in the Eastern Aleutian District and the Bering Sea subarea of the 
BSAI.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543 48 hours after the closure of the 
area 541 Atka mackerel directed fishery. The Regional Administrator has 
established the opening date for the second HLA directed fisheries as 
48 hours after the last closure of the first HLA fisheries in either 
area 542 or area 543. Consequently, NMFS is opening and closing 
directed fishing for Atka mackerel in the HLA of areas 542 and 543 in 
accordance with the periods listed under the DATES section of this 
notice.
    In accordance with Sec.  679.20(a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS 
has randomly assigned each vessel to the directed fishery or fisheries 
for which they have registered. NMFS has notified each vessel owner as 
to which fishery each vessel has been assigned by NMFS, published 
elsewhere in this issue of the Federal Register.
    In accordance with Sec.  679.20(a)(8)(ii)(C)(1), the HLA limits of 
the interim TACs in areas 542 and 543 are 7,931 mt and 5,268 mt, 
respectively. Based on those limits and the proportion of the number of 
vessels in each fishery compared to the total number of vessels 
participating in the HLA directed fishery for area 542 or 543, the 
harvest limit for each HLA directed fishery in areas 542 and 543 are as 
follows: for the first directed fishery in area 542, 3,966 mt; for the 
first directed fishery in area 543, 2,634 mt; for the second directed 
fishery in area 542, 3,965 mt; and for the second directed fishery in 
area 543, 2,634 mt. In accordance with Sec.  679.20(a)(8)(iii)(E), the 
Regional Administrator has establish the closure dates of the Atka 
mackerel directed fisheries in the HLA for areas 542 and 543 based on 
the amount of the harvest limit and the estimated fishing capacity of 
the vessels assigned to the respective fisheries. Consequently, NMFS is 
prohibiting directed fishing for Atka mackerel in the HLA of areas 542 
and 543 in accordance with the dates and times listed under the DATES 
section of this notice.

[[Page 3312]]

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 the NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the closure of the fishery under the interim 2005 TAC of 
Atka mackerel in the Eastern Aleutian District and the Bering Sea 
subarea and the opening and closures of the fisheries for the HLA 
limits established for the Central (area 542) and Western (area 543) 
Aleutian Districts pursuant to the interim 2005 Atka mackerel TAC.
    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: January 14, 2005.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-1237 Filed 1-21-05; 8:45 am]
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