[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Page 15782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6184]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 032305B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian 
Islands Management Area

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

ACTION: Modification of a closure.

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SUMMARY: NMFS is reopening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to utilize the 
remaining amount of the 2005 first seasonal allowance of the Pacific 
cod total allowable catch (TAC) specified for catcher vessels using 
trawl gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 29, 2005, 
through 1200 hrs, A.l.t., April 1, 2005.

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 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 first seasonal allowance of the Pacific cod TAC specified 
for catcher vessels using trawl gear in the BSAI is 31,345 metric tons 
(mt) as established by the 2005 and 2006 final harvest specifications 
for groundfish in the BSAI (70 FR 8979, February 24, 2005), for the 
period 1200 hrs, A.l.t., January 1, 2005, through 1200 hrs, A.l.t., 
April 1, 2005. See Sec. Sec.  679.20(c)(3)(iii), (c)(5), and 
(a)(7)(i)(B). In accordance with Sec.  679.20(d)(1)(iii), the directed 
fishery for Pacific cod by catcher vessels using trawl gear was closed 
effective 1200 hrs, A.l.t., March 13, 2005 (70 FR 12811, March 16, 
2005), because it was determined that the 2005 first seasonal allowance 
of the Pacific cod TAC specified for catcher vessels using trawl gear 
in the BSAI had been caught.
    NMFS has determined that as of March 18, 2005, the remaining amount 
of the 2005 first seasonal allowance of the Pacific cod TAC specified 
for catcher vessels using trawl gear in the BSAI is 2,400 metric tons. 
Therefore, in accordance with Sec. Sec.  679.25(a)(1)(i), (a)(2)(i)(C) 
and 679.25(a)(2)(iii)(D), NMFS is terminating the previous closure and 
is reopening directed fishing for Pacific cod by catcher vessels using 
trawl gear in the BSAI effective 1200 hrs, A.l.t., March 29, 2005.

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 reopening of the fishery for the remaining 2005 first 
seasonal allowance of the Pacific cod TAC specified for catcher vessels 
using trawl 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: March 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-6184 Filed 3-24-05; 4:30 pm]
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