[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Rules and Regulations]
[Pages 28486-28487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9926]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 051105C]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet 
(18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the 2005 A season total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective May 17, 2005, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 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 A season allowance of the Pacific cod TAC specified for 
vessels using jig gear in the BSAI is 374 metric tons (mt) as 
established by the 2005 and 2006 final harvest specifications for 
groundfish in the BSAI (70 FR 8979, February 24, 2005) and the 
reallocation on April 13, 2005 (70 FR 19708, April 14, 2005), for the 
period 1200 hrs, A.l.t., January 1, 2005, through 1200 hrs, A.l.t., 
April 30, 2005. See Sec. Sec.  679.20 (a)(7)(i)(C)(1), (c)(3)(iii), and 
(c)(5).
    The Administrator, Alaska Region, NMFS, has determined that jig 
vessels will not be able to harvest 350 mt of the A season 
apportionment of Pacific cod allocated to those vessels under 
Sec. Sec.  679.20(a)(7)(i)(A) and (a)(7)(iii)(A). Therefore, in 
accordance with Sec.  679.20(a)(7)(ii)(C)(1), NMFS apportions 350 mt of 
Pacific cod from the A season apportionment of jig gear to catcher 
vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005) are revised as follows: 24 mt to the A season apportionment for 
vessels using jig gear and 2,854 mt to catcher vessels less than 60 
feet (18.3 m) LOA using pot or hook-and-line gear.

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 reallocation of Pacific cod specified for jig vessels 
to catcher vessels less than 60 feet (18.3 m) LOA

[[Page 28487]]

using pot or hook-and-line gear and therefore would cause disruption to 
the industry by requiring unnecessary closures, and will relieve a 
restriction on the industry and allow for the orderly conduct and 
efficient operation of this fishery.
    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: May 12, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-9926 Filed 5-17-05; 8:45 am]
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