[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Rules and Regulations]
[Pages 19338-19339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7446]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 040805B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher/Processor Vessels 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/processor vessels using pot gear in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to prevent 
exceeding the 2005 first seasonal allowance of the Pacific cod total 
allowable catch (TAC) specified for catcher/processor vessels using pot 
gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 9, 2005, 
through 1200 hrs, A.l.t., September 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

[[Page 19339]]

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/processor vessels using pot gear in the BSAI as a directed 
fishing allowance is 1,914 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., June 10, 2005. See Sec. Sec.  
679.20(a)(7)(i)(A), (a)(7)(i)(C)(1)(iii), (c)(3)(iii), and (c)(5)
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS, has determined that the 2005 first seasonal allowance of 
the Pacific cod total allowable catch specified for catcher/processor 
vessels using pot gear in the BSAI will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
1,900 mt, and is setting aside the remaining 14 mt as bycatch to 
support other anticipated groundfish fisheries. In accordance with 
Sec.  679.20(d)(1)(iii), the Regional Administrator finds that this 
directed fishing allowance has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher/processor 
vessels using pot gear in 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 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 Pacific cod by catcher/processor 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: April 8, 2005.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-7446 Filed 4-8-05; 2:57 pm]
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