[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43327-43328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14854]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 072205B]


Fisheries of the Economic Exclusive Zone Off Alaska; Yellowfin 
Sole in the Bering Sea and Aleutian Islands

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

ACTION: Temporary rule; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for yellowfin sole in the 
Bering Sea and Aleutian Islands (BSAI). This action is necessary to 
allow the yellowfin sole fishery in the BSAI to resume.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 25, 2005, 
through 2400 hrs, 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 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.
    NMFS closed directed fishing for yellowfin sole in the BSAI under 
Sec.  679.21(d)(7)(i) on May 19, 2005 (70 FR 29458, May 23, 2005).
    NMFS has determined that as of June 20, 2005 approximately 7,862 
metric tons of yellowfin sole remain in the 2005 yellowfin sole TAC in 
the BSAI . Therefore, in accordance with Sec. Sec.  679.25(a)(2)(i)(C) 
and (a)(2)(iii)(D), and to allow the yellowfin sole fishery to resume, 
NMFS is terminating the previous closure and is reopening directed 
fishing for yellowfin sole in the BSAI. The reopening is effective 1200 
hrs, Alaska local time (A.l.t.), July 25, 2005, through 2400 hrs, 
A.l.t., December 31, 2005.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant

[[Page 43328]]

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 yellowfin sole TAC in the BSAI, 
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.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 22, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-14854 Filed 7-22-05; 3:27 pm]
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