[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Rules and Regulations]
[Pages 43644-43645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14950]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 072105A]


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

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

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish to the yellowfin sole initial total allowable catch (ITAC) 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the fishery to continue operating. It is 
intended to promote the goals and objectives of the fishery management 
plan for the BSAI.

DATES: Effective July 28, 2005, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2005. Comments must be received at the following 
address no later than 4:30 p.m., A.l.t., August 9, 2005.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, AK;
     Fax to 907-586-7557;
     E-mail to [email protected] and include in the subject 
line of the e-mail comment the document identifier: bsairelys; or
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the Instructions at that site for 
submitting comments.

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.
    The 2005 ITAC of yellowfin sole in the BSAI was established as 
77,083 metric tons by the 2005 and 2006 final harvest specifications 
for groundfish in the BSAI (70 FR 8979, February 24, 2005). The 
Administrator, Alaska Region, NMFS, has determined that the ITAC for 
yellowfin sole in the BSAI needs to be supplemented from the non-
specified reserve in order to continue operations.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
6,800 metric tons from the non-specified reserve of groundfish to the 
yellowfin sole ITAC in the BSAI. This apportionment is consistent with 
Sec.  679.20(b)(1)(ii) and does not result in overfishing of a target 
species because the revised ITAC is equal to or less than the 
specification of the acceptable biological catch (70 FR 8979, February 
24, 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) and Sec.  679.20(b)(3)(iii)(A) as such a 
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 apportionment of the non-specified 
reserves of groundfish to the yellowfin sole fishery. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of July 9, 2005.
    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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until August 9, 
2005.
    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.


[[Page 43645]]


    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. 05-14950 Filed 7-25-05; 1:28 pm]
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