[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Rules and Regulations]
[Pages 7900-7901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2990]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041202338-4338-01; I.D. 021105A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels 60 Feet (18.3 Meters) Length Overall and Using Pot 
Gear in 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 prohibiting directed fishing for Pacific cod by 
catcher vessels 60 feet (18.3 meters (m)) length overall (LOA) and 
longer using pot gear in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the 2005 
Pacific cod interim total allowable catch (TAC) of Pacific cod 
specified for catcher vessels using pot gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 13, 
2005, until superseded by the notice of 2005 and 2006 final harvest 
specifications of groundfish for the BSAI, which will be published in 
the Federal Register.

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

[[Page 7901]]

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 interim TAC allocated to catcher vessels 60 
feet (18.3 m) LOA and longer using pot gear in the BSAI is 8,380 metric 
tons as established by the 2005 interim harvest specifications for 
groundfish in the BSAI (69 FR 76870, December 23, 2004). See Sec.  
679.20(c)(2)(ii)(A), Sec.  679.20(c)(5), and Sec.  679.20(a)(7)(i)(A) 
and (C)(1)(iv).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the 2005 Pacific cod interim 
TAC allocated to catcher vessels using pot gear in the BSAI will soon 
be reached. Consequently, NMFS is prohibiting directed fishing for 
Pacific cod by catcher vessels 60 feet (18.3 m) LOA and longer using 
pot gear in the BSAI. Vessels less than 60 feet (18.3 m) LOA using pot 
gear in the BSAI may continue to participate in the directed fishery 
for Pacific cod under a separate Pacific cod allocation to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
    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 the fisheries under the 2005 Pacific cod 
interim TAC specified for catcher vessels using pot 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: February 11, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-2990 Filed 2-11-05; 3:08 pm]
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