[Federal Register Volume 70, Number 156 (Monday, August 15, 2005)]
[Rules and Regulations]
[Pages 47728-47729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16120]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone Off Alaska; Non-
Community Development Quota Pollock with Trawl Gear in the Chinook 
Salmon Savings Areas of the Bering Sea and Aleutian Islands Management 
Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for non-Community 
Development Quota (CDQ) pollock with trawl gear in the Chinook Salmon 
Savings Areas of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2005 limit of 
chinook salmon caught by vessels using trawl gear while directed 
fishing for non-CDQ pollock in the BSAI.

DATES: Effective 12 noon, Alaska local time (A.l.t.), September 1, 
2005, through 12 midnight, A.l.t., December 31, 2005.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 chinook salmon PSC limit for the pollock fishery is set at 
29,000 fish (see Sec.  679.21(e)(1)(i) and (vii)). Of that limit, 7.5 
percent is allocated to the groundfish CDQ program as prohibited 
species quota reserve (see Sec.  679.21(e)(1)(i)). Consequently, the 
2005 non-CDQ limit of chinook salmon caught by vessels using trawl gear 
while directed fishing for pollock in the BSAI is 26,825 animals.
    In accordance with Sec.  679.21(e)(7)(viii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2005 non-CDQ limit of chinook salmon caught by vessels using trawl gear 
while directed fishing for non-CDQ pollock in the BSAI has been 
reached. Consequently, the Regional Administrator is prohibiting 
directed fishing for non-CDQ pollock with trawl gear in the Chinook 
Salmon Savings Areas defined at Figure 8 to 50 CFR part 679.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

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 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 closure of directed fishing for non-CDQ pollock with 
trawl gear in the Chinook Salmon Savings Areas. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of August 3, 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.

[[Page 47729]]

    This action is required by Sec.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 9, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-16120 Filed 8-12-05; 8:45 am]
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