[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Rules and Regulations]
[Pages 53970-53971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18079]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02 ; I.D. 090705D]


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-water 
Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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 species that comprise the 
deep-water species fishery by vessels using trawl gear in the Gulf of 
Alaska (GOA) for 48 hours. This action is necessary to allow the deep-
water species fisheries by vessels using trawl gear in the GOA to 
resume.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 8, 
2005, through 1200 hrs, A.l.t., September 10, 2005.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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 species that comprise the deep-
water species fishery by vessels using trawl gear in the GOA under 
Sec.  679.21(d)(7)(i) on September 4, 2005 (70 FR 52326, September 2, 
2005).
    NMFS has determined that approximately 50 mt of halibut remain in 
the fourth seasonal apportionments of the 2005 Pacific halibut bycatch 
allowance specified for the deep-water species fishery in the GOA. 
Therefore, in accordance with Sec.  Sec.  679.25(a)(2)(i)(C) and 
(a)(2)(iii)(D), and to allow the deep-water species fisheries by 
vessels using trawl gear in the GOA to resume, NMFS is terminating the 
previous closure and is reopening directed fishing for species that 
comprise the deep-water species fishery by vessels using trawl gear in 
the GOA. In accordance with Sec.  679.21(d)(7)(i), the Administrator, 
Alaska Region, NMFS, has determined that the fourth seasonal 
apportionment of the 2005 Pacific halibut bycatch allowance specified 
for the trawl deep-water species fishery in the GOA will be reached 
after 48 hours. Consequently, NMFS is prohibiting directed fishing for 
the deep-water species fishery by vessels using trawl gear in the GOA 
after 48 hours. Therefore the reopening is effective 1200 hrs, Alaska 
local time (A.l.t.), September 8, 2005, through 1200 hrs, A.l.t., 
September 10, 2005.
    The species and species groups that comprise the deep-water species 
fishery are all rockfish of the genera Sebastes and Sebastolobus, deep-
water flatfish, rex sole, arrowtooth flounder, and sablefish.

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 an action providing time for public comment because the most 
recent, relevant data only became available as of August 7, 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.


[[Page 53971]]


    Dated: September 7, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-18079 Filed 9-8-05; 12:18 pm]
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