[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Rules and Regulations]
[Page 9881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3934]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 022305D]


Fisheries of the Exclusive Economic Zone Off Alaska; Prohibiting 
Directed Fishing for Specified Groundfish Fisheries in the Gulf of 
Alaska

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 
specified sectors in the Western and Central Regulatory Areas of the 
Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 
2005 A season allowances of the Pacific code total allowable catch 
(TAC) specified for Pacific cod in the GOA.

DATES: Effective February 24, 2005, through 12 noon, Alaska local time, 
September 1, 2005.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that if the 
amount of a target species apportioned to a fishery or, with respect to 
Pacific cod, to an inshore or offshore component allocation, will be 
reached, the Regional Administrator may establish a directed fishing 
allowance for that species or species group.
    As established by the 2005 and 2006 final harvest specifications 
for groundfish of the GOA (70 FR 8958, February 24, 2005), the 2005 A 
season allowance of the Pacific cod TAC for vessels catching Pacific 
cod for processing by the inshore component in the Western Regulatory 
Area of the GOA is 8,471 metric tons (mt); for processing by the 
offshore component in the Western Regulatory Area of the GOA is 941 mt; 
and for processing by the offshore component of the Central Regulatory 
Area of the GOA is 1,505 mt. See Sec.  679.20(c)(1)(iii), Sec.  
679.20(c)(4)(ii), and Sec.  679.20(a)(11).
    In accordance with 679.20(d)(1)(iii), the Regional Administrator 
has determined that the A season directed fishing allowances for 
Pacific cod by vessels catching Pacific cod for processing by the 
inshore component in the Western Regulatory Area of the GOA, Pacific 
cod by vessels catching Pacific cod for processing by the offshore 
component in the Western Regulatory Area of the GOA, and Pacific cod by 
vessels catching Pacific cod for processing by the offshore component 
of the Central Regulatory Area of the GOA have been reached and the 
remaining amounts of the A season TAC allowances are necessary as 
bycatch to support other anticipated groundfish fisheries until the 
next seasonal apportionments of Pacific cod become available September 
1, 2005. Consequently, NMFS is prohibiting directed fishing for these 
fisheries.
    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 closures of the directed fisheries for Pacific cod for 
specified sectors in the Western and Central Regulatory Areas of the 
GOA.
    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 23, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-3934 Filed 2-24-05; 2:33 pm]
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