[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Rules and Regulations]
[Pages 46777-46778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15961]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 080805C]


Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using 
Hook-and-Line or Pot Gear 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using 
hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to allow the 2005 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI to harvest their Pacific cod allocation.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 8, 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 Pacific cod by catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the 
BSAI under Sec.  679.21(d)(1)(iii) on April 19, 2005 (70 FR 20840, 
April 22, 2005).
    NMFS has determined that as of August 2, 2005, approximately 453 
metric tons of Pacific cod remain in the 2005 Pacific cod TAC specified 
for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or pot gear in the BSAI. Therefore, in accordance with Sec. Sec.  
679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to allow the catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the 
BSAI to harvest their Pacific cod allocation, NMFS is terminating the 
previous closure and is reopening directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI. The reopening is effective 1200 hrs, Alaska local 
time (A.l.t.), August 8, 2005, through 2400 hrs, A.l.t., December 31, 
2005.
    Directed fishing by catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line gear remains closed until August 15, 2005, when the 
third seasonal halibut mortality limit becomes available.

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 unduly delay the opening of the fishery. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of August 2, 2005.

[[Page 46778]]

    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: August 8, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-15961 Filed 8-8-05; 3:21 pm]
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