[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Rules and Regulations]
[Pages 13119-13120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5345]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 030805C]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 630 of the Gulf of Alaska

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS issues an inseason adjustment opening directed fishing 
for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 12 
hours effective 1200 hrs, Alaska local time (A.l.t.), March 10, 2005, 
until 2400 hrs, A.l.t., March 10, 2005. This adjustment is necessary to 
allow the fishing industry opportunity to harvest pollock without 
exceeding the B season allowance of the 2005 total allowable catch 
(TAC) of pollock specified for Statistical Area 630 of the GOA.

DATES: Effective 1200 hrs, A.l.t., March 10, 2005, until 2400 hrs, 
A.l.t., March 10, 2005. Comments must be received at the following 
address no later than 4:30 p.m., A.l.t., March 29, 2005.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     FAX to 907-586-7557;
     E-mail to [email protected] and include in the subject 
line of the e-mail comment the document identifier: g63plk2s12 (E-mail 
comments, with or without attachments, are limited to 5 megabytes); or
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

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.
    The B season allowance of the 2005 TAC of pollock in Statistical 
Area 630 of the GOA is 2,021 metric tons (mt) as established by the 
2005 and 2006 harvest specifications for groundfish of the GOA (70 FR 
8958, February 24, 2005). In accordance with Sec.  679.20(a)(5)(iii)(B) 
the Administrator, Alaska Region, NMFS (Regional Administrator), hereby 
decreases the B season pollock TAC by 283 mt, the amount the A season 
allowance of the pollock TAC in Statistical Area 630 was exceeded. The 
revised B season allowance of the pollock TAC in Statistical Area 630 
is therefore 1,738 mt (2,021 mt minus 283 mt).
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator, has determined that the B season allowance

[[Page 13120]]

of the 2005 TAC of pollock in Statistical Area 630 of the GOA will soon 
be reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 1,538 mt, and is setting aside the 
remaining 200 mt as bycatch to support other anticipated groundfish 
fisheries.
    Regulations at Sec.  679.23(b) specify that the time of all 
openings and closures of fishing seasons other than the beginning and 
end of the calendar fishing year is 1200 hrs, A.l.t. Current 
information shows the catching capacity of vessels catching pollock for 
processing by the inshore component in Statistical Area 630 of the GOA 
is about 4,000 mt per day. The Regioanl Administrator has determined 
that the B season allowance of the 2005 TAC of pollock in Statistical 
Area 630 would be exceeded if a 24-hour fishery were allowed to occur. 
NMFS intends that the seasonal allowance not be exceeded and, 
therefore, will not allow a 24-hour directed fishery. NMFS, in 
accordance with Sec. Sec.  679.25(a)(1)(i), (a)(2)(i)(A), and 
(a)(2)(i)(C), is adjusting the directed fishery for pollock in 
Statistical Area 630 of the GOA by opening the fishery at 1200 hrs, 
A.l.t., March 10, 2005, and closing the fishery at 2400 hrs, A.l.t., 
March 10, 2005, at which time directed fishing for pollock will be 
prohibited. This action has the effect of opening the fishery for 12 
hours.
    NMFS is taking this action to allow a controlled fishery to occur, 
thereby preventing the overharvest of the B season allowance of the 
2005 TAC of pollock in Statistical Area 630 designated in accordance 
with the 2005 and 2006 harvest specifications for groundfish of the GOA 
(70 FR 8958, February 24, 2005) and Sec.  679.20(a)(5)(iii). In 
accordance with Sec.  679.25(a)(2)(iii)(C), NMFS has determined that 
prohibiting directed fishing at 2400 hrs, A.l.t., March 10, 2005, after 
a 12 hour opening is the least restrictive management adjustment to 
achieve the B season allowance of the 2005 TAC of pollock in 
Statistical Area 630 of the GOA. Pursuant to Sec.  679.25(b)(2), NMFS 
has considered data regarding catch per unit of effort and rate of 
harvest in making this adjustment.
    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 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 prevent the full utilization of the B season allowance of the 
2005 TAC of pollock in Statistical Area 630 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.
    Without this inseason adjustment, NMFS could not allow the B season 
allowance of the 2005 TAC of pollock in Statistical Area 630 of the GOA 
to be harvested in an expedient manner and in accordance with the 
regulatory schedule. Under Sec.  679.25(c)(2), interested persons are 
invited to submit written comments on this action to the above address 
until March 29, 2005.
    This action is required by Sec. Sec.  679.20 and 679.25 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 11, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-5345 Filed 3-14-05; 4:33 pm]
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