[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Page 21678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8448]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 042105C]


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water 
Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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 opening directed fishing for species that comprise the 
deep-water species fishery by vessels using trawl gear in the Gulf of 
Alaska (GOA). This action is necessary to allow the deep-water species 
fisheries by vessels using trawl gear in the GOA to resume.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 24, 2005, 
through 1200 hrs, A.l.t., July 5, 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.
    NMFS closed directed fishing for species that comprise the deep-
water species fishery by vessels using trawl gear in the GOA under 
Sec.  679.21(d)(7)(i) on April 8, 2005 (70 FR 19338, April 13, 2005).
    NMFS has determined that approximately 60 metric tons of halibut 
remain in the second seasonal apportionment of the 2005 Pacific halibut 
bycatch allowance specified for the deep-water species fishery in the 
GOA. Therefore, in accordance with Sec. Sec.  679.25(a)(2)(i)(C) and 
(a)(2)(iii)(D), and to allow the deep-water species fisheries by 
vessels using trawl gear in the GOA to resume, NMFS is terminating the 
previous closure and is reopening directed fishing for species that 
comprise the deep-water species fishery by vessels using trawl gear in 
the GOA. The reopening is effective 1200 hrs, Alaska local time 
(A.l.t.), April 24, 2005, through 1200 hrs, A.l.t., July 5, 2005. The 
species and species groups that comprise the deep-water species fishery 
are all rockfish of the genera Sebastes and Sebastolobus, deep-water 
flatfish, rex sole, arrowtooth flounder, and sablefish.

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 delay the opening of the fishery, not allow the full 
utilization of the species and species groups that comprise the deep-
water species fisheries, and therefore reduce the public's ability to 
use and enjoy the fishery resource.
    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: April 22, 2005.
Galen R. Tromble
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-8448 Filed 4-22-05; 4:10 pm]
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