[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Rules and Regulations]
[Pages 51684-51688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17341]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 082505A]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pollock in the Bering Sea Subarea

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

ACTION:  Temporary rule; reallocation.

-----------------------------------------------------------------------

SUMMARY:  NMFS is reallocating projected unused amounts of Bering Sea 
subarea (BS) pollock from the incidental catch allowance to the 
directed fisheries. This action is necessary to allow the 2005 total 
allowable catch (TAC) of pollock to be harvested.

DATES:  Effective August 26, 2005, until 2400 hrs, A.l.t., December 31, 
2005.

[[Page 51685]]


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 pollock incidental catch allowance in the BS was 
established as 44,577 metric tons by the 2005 and 2006 final harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005), in accordance with Sec.  679.20(a)(5)(i)(A)(1) and the American 
Fisheries Act (AFA) (Public Law 105-277, Division C, Title II).
    As of August 22, 2005, the Administrator, Alaska Region, NMFS, has 
determined that approximately 11,525 metric tons (mt) of pollock remain 
in the incidental catch allowance. Based on projected harvest rates of 
other groundfish species and the expected incidental catch of pollock 
in those fisheries, the Regional Administrator has determined that 
7,000 mt of pollock specified in the incidental catch allowance will 
not be necessary as incidental catch. Therefore, NMFS is apportioning 
the projected unused amount, 7,000 mt, of pollock from the incidental 
catch allowance to the directed fishing allowances established pursuant 
to Sec.  679.20(a)(5)(i)(A). Pursuant to the pollock allocation 
requirements set forth in Sec.  679.20(a)(5)(i), this transfer will 
increase the allocation to catcher vessels harvesting pollock for 
processing by the inshore component by 3,500 mt, to catcher/processors 
and catcher vessels harvesting pollock for processing by catcher/
processors in the offshore component by 2,800 mt and to catcher vessels 
harvesting pollock for processing by motherships in the offshore 
component by 700 mt. Pursuant to Sec.  679.20(a)(5)(i)(A)(4), no less 
than 8.5 percent of the 2,800 mt allocated to catcher/processors in the 
offshore component, 238 mt, will be available for harvest only by 
eligible catcher vessels delivering to listed catcher/processors. 
Pursuant to Sec.  679.20(a)(5)(i)(A)(4)(iii), an additional 14 mt or 
0.5 percent of the catcher/processor sector allocation of pollock will 
be available to unlisted AFA catcher/processors.
    Pursuant to Sec.  679.20(a)(5)(I) (A), Tables 3 and 10 are revised 
for the 2005 B season consistent with this reallocation. Footnote 1 
continues to state the allocations under regulations at Sec.  
679.20(a)(5).
BILLING CODE 3510-22-S

[[Page 51686]]

[GRAPHIC] [TIFF OMITTED] TR31AU05.001


[[Page 51687]]


[GRAPHIC] [TIFF OMITTED] TR31AU05.002


[[Page 51688]]


[GRAPHIC] [TIFF OMITTED] TR31AU05.003

BILLING CODE 3510-22-C

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 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 reallocation of projected unused 
amounts of BS pollock from the incidental catch allowance to the 
directed fisheries. NMFS was unable to publish a notice providing time 
for public comment because the most recent, relevant data only became 
available as of August 22, 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 taken under 50 CFR 679.20, and is exempt from review 
under Executive Order 12866.

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

    Dated: August 26, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries , National Marine 
Fisheries Service.
[FR Doc. 05-17341 Filed 8-26-05; 2:26 pm]
BILLING CODE 3510-22-S