[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Rules and Regulations]
[Page 49198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16704]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 081705E]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category by 
Vessels Using Trawl 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; closure.

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SUMMARY: NMFS is closing directed fishing for species in the rock sole/
flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2005 halibut 
bycatch allowance specified for the trawl rock sole/flathead sole/
``other flatfish'' fishery category in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 18, 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 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 halibut bycatch allowance specified for the trawl rock 
sole/flathead sole/``other flatfish'' fishery category in the BSAI is 
779 metric tons as established by the 2005 and 2006 final harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005).
    In accordance with Sec.  679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS, has determined that the 2005 halibut bycatch allowance 
specified for the trawl rock sole/flathead sole/``other flatfish'' 
fishery category in the BSAI has been caught. Consequently, NMFS is 
closing directed fishing for species in the rock sole/flathead sole/
``other flatfish'' fishery category by vessels using trawl gear in the 
BSAI.
    After the effective date of this closure the maximum retainable 
amounts at Sec. 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 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 species in the rock 
sole/flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the BSAI. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of August 17, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 17, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-16704 Filed 8-18-05; 2:43 pm]
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