[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Rules and Regulations]
[Page 46436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15819]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 080405C]


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: Temporary rule; 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). These 
actions are necessary to allow the 2005 B season total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective August 5, 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 B season allowance of the Pacific cod TAC specified for 
vessels using jig gear in the BSAI is 762 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., April 30, 2005, through 1200 hrs, A.l.t., August 31, 
2005. See Sec.  679.20(c)(3)(iii), (c)(5), and (a)(7)(i)(A). The 2005 
Pacific cod TAC specified for catcher vessels less than 60 feet (18.3 
m) LOA using pot or hook-and-line gear in the BSAI is 2,854 mt as 
established by the 2005 and 2006 final harvest specifications for 
groundfish in the BSAI (70 FR 8979, February 24, 2005), the 
reallocation on April 13, 2005 (70 FR 19708, April 14, 2005) and the 
reallocation on May 17, 2005 (70 FR 28486, May 18, 2005).
    The Administrator, Alaska Region, NMFS, has determined that jig 
vessels will not be able to harvest 500 mt of the B season 
apportionment of Pacific cod allocated to those vessels under Sec.  
679.20(a)(7)(i)(A) and (a)(7)(iii)(A)(3). Therefore, in accordance with 
Sec.  679.20(a)(7)(ii)(C)(1), NMFS apportions 500 mt of Pacific cod 
from the B season jig gear apportionment 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: 262 mt to the B season apportionment for 
vessels using jig gear and 3,354 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 using pot or hook-
and-line gear. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of August 1, 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.
    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: August 4, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-15819 Filed 8-5-05; 3:02 pm]
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