[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Rules and Regulations]
[Pages 77067-77068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24607]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 122305A]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
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; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish to certain target species in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to account for 
previous harvest of the total allowable catch (TAC). It is intended to 
promote the goals and objectives of the fishery management plan for 
groundfish of the BSAI.

DATES: Effective December 29, 2005, through 2400 hrs, Alaska local 
time, December 31, 2005. Comments must be received no later than 1630, 
Alaska local time, January 12, 2006.

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: bsairel05b; 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 
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 Administrator, Alaska Region, NMFS, has determined that the 
2005 initial TACs established in the 2005 and 2006 final harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005) for arrowtooth flounder, yellowfin sole, ``other flatfish'', 
squid and rock sole in the BSAI need to be supplemented from the non-
specified reserve in order to account for prior harvest.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
amounts from the non-specified reserve to the TACs for the following 
species or species groups in the BSAI: 429 mt to arrowtooth flounder, 
401 mt to yellowfin sole, 193 mt to ``other flatfish'', 100 mt to squid 
and 227 to rock sole. This apportionment is consistent with Sec.  
679.20(b)(1)(ii) and does not result in overfishing of a target species 
because the revised initial TAC is equal to or less than the 
specification of the acceptable biological catch (70 FR 8979, February 
24, 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) and Sec.  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 apportionment of the non-specified 
reserves of groundfish. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of December 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until January 
12, 2006.

[[Page 77068]]

    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: December 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-24607 Filed 12-28-05; 8:45 am]
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