[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Rules and Regulations]
[Pages 13120-13121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5422]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 031505B]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by Vessels Using Trawl Gear in Bycatch Limitation Zone 1 of 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 closing directed fishing for yellowfin sole by vessels 
using trawl gear in Bycatch Limitation Zone 1 (Zone 1) of the Bering 
Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2005 bycatch allowance of red king 
crab specified for the trawl yellowfin sole fishery in Zone 1.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 16, 2005, 
until 2400 hrs, A.l.t., December 31, 2005.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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.
    In accordance with Sec.  679.21(e)(3)(iv)(B)(1), the 2005 red king 
crab bycatch allowance specified for Zone 1 of the BSAI trawl yellowfin 
sole fishery is 33,843 animals as established by the 2005 and 2006 
final harvest specifications for groundfish of the BSAI (70 FR 8979, 
February 24, 2005).
    In accordance with Sec.  679.21(e)(7)(ii), the Administrator, 
Alaska Region, NMFS, has determined that the 2005 bycatch allowance of 
red king crab specified for the trawl yellowfin sole fishery in Zone 1 
of the BSAI has been reached. Consequently, the Regional Administrator 
is closing directed fishing for yellowfin sole by vessels using trawl 
gear in Zone 1 of 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.

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 a 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 trawl yellowfin sole fishery in Zone 1 
of the BSAI.

[[Page 13121]]

    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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-5422 Filed 3-15-05; 4:02 pm]
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