[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Rules and Regulations]
[Page 59676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20543]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 100705A]


Fisheries of the Economic Exclusive Zone Off Alaska; Atka 
Mackerel 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Atka mackerel with gears 
other than jig in the Eastern Aleutian District and the Bering Sea 
subarea of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to fully use the 2005 Atka Mackerel total 
allowable catch (TAC) specified for gears other than jig in the Eastern 
Aleutian District and the Bering Sea subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 9, 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 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.
    NMFS closed directed fishing for Atka mackerel with gears other 
than jig in the Eastern Aleutian District and the Bering Sea subarea of 
the BSAI under Sec.  679.20(d)(1)(i) on September 2, 2005 (70 FR 53101, 
September 7, 2005).
    NMFS has determined that as of October 4, 2005, approximately 1,355 
metric tons of Atka mackerel remain in the 2005 Atka mackerel TAC 
specified for gears other than jig in the Eastern Aleutian District and 
the Bering Sea subarea of the BSAI. Therefore, in accordance with 
Sec. Sec.  679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to allow the Atka 
mackerel fishery to resume, NMFS is terminating the previous closure 
and is reopening directed fishing for Atka mackerel with gears other 
than jig in the Eastern Aleutian District and the Bering Sea subarea of 
the BSAI.

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 delay the opening of the fishery, not allow the full 
utilization of the Atka mackerel TAC specified for gears other than jig 
in the Eastern Aleutian District and the Bering Sea subarea of the 
BSAI, and therefore reduce the public's ability to use and enjoy the 
fishery resource.
    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.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 7, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-20543 Filed 10-7-05; 2:30 pm]
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