[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Page 55305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18750]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 091505A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 630 of 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 pollock in Statistical 
Area 630 of the Gulf of Alaska (GOA) for 24 hours. This action is 
necessary to fully use the C season allowance of the 2005 total 
allowable catch (TAC) of pollock specified for Statistical Area 630.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 15, 
2005, through 1200 hrs, A.l.t., September 16, 2005. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 30, 2005.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     Fax to 907-586-7557;
     E-mail to [email protected] and include in the subject 
line of the e-mail comment the document identifier: g63plkro3 (E-mail 
comments, with or without attachments, are limited to 5 megabytes); or
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

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 the directed fishery for pollock in Statistical Area 
630 of the GOA under Sec.  679.20(d)(1)(iii) on August 27, 2005 (70 FR 
51300, August 30, 2005). NMFS opened directed fishing for pollock in 
Statistical Area 630 of the GOA for 48 hrs on September 8, 2005 (70 FR 
53971, September 13, 2005).
    NMFS has determined that approximately 3,052 mt of pollock remain 
in the directed fishing allowance. Therefore, in accordance with 
679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize 
the C season allowance of the 2005 TAC of pollock in Statistical area 
630, NMFS is terminating the previous closure and is reopening directed 
fishing for pollock in Statistical Area 630 of the GOA. In accordance 
with Sec.  679.20(d)(1)(iii), the Regional Administrator finds that 
this directed fishing allowance will be reached after 24 hours. 
Consequently, NMFS is prohibiting directed fishing for pollock in 
Statistical Area 630 of the GOA effective 1200 hrs, A.l.t., September 
16, 2005.

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 opening of pollock in Statistical Area 630 of the GOA. 
NMFS was unable to publish an action providing time for public comment 
because the most recent, relevant data only became available as of 
September 12, 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.
    Without this inseason adjustment, NMFS could not allow the D season 
allowance of the 2005 TAC of pollock in Statistical Area 630 of the GOA 
to be harvested in an expedient manner and in accordance with the 
regulatory schedule. Under Sec.  679.25(c)(2), interested persons are 
invited to submit written comments on this action to the above address 
until September 30, 2005.
    This action is required by Sec. Sec.  679.20 and 679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 15, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-18750 Filed 9-15-05; 3:16 pm]
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