[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Rules and Regulations]
[Page 57803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19850]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5040-02; I.D. 092805E]


Fisheries of the Economic Exclusive Zone Off Alaska; Trawl Gear 
in the Gulf of Alaska

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 groundfish by vessels 
using trawl gear in the Gulf of Alaska (GOA), except for directed 
fishing for pollock by vessels using pelagic trawl gear in those 
portions of the GOA open to directed fishing for pollock. This action 
is necessary because the 2005 Pacific halibut prohibited species catch 
(PSC) limit specified for trawl gear in the GOA has been caught.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2005, 
until 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 
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.
    The 2005 Pacific halibut PSC limit for vessels using trawl gear is 
2,000 metric tons as established by the 2005 and 2006 harvest 
specifications for groundfish of the GOA (70 FR 8958, February 24, 
2005).
    The Administrator, Alaska Region, has determined, in accordance 
with Sec.  679.21(d)(7)(i), that vessels engaged in directed fishing 
for groundfish with trawl gear in the GOA have caught the 2005 Pacific 
halibut PSC limit. Therefore, NMFS is closing directed fishing for 
groundfish by vessels using trawl gear in the GOA, except for directed 
fishing for pollock by vessels using pelagic trawl gear in those 
portions of the GOA that remain open to directed fishing for pollock.
    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 groundfish with trawl 
gear in 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 26, 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: September 28, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-19850 Filed 9-29-05; 2:43 pm]
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