[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Page 21678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8448]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126333-5040-02; I.D. 042105C]
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: 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). 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.), April 24, 2005,
through 1200 hrs, A.l.t., July 5, 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 April 8, 2005 (70 FR 19338, April 13, 2005).
NMFS has determined that approximately 60 metric tons of halibut
remain in the second seasonal apportionment 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. The reopening is effective 1200 hrs, Alaska local time
(A.l.t.), April 24, 2005, through 1200 hrs, A.l.t., July 5, 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 delay the delay the opening of the fishery, not allow the full
utilization of the species and species groups that comprise the deep-
water species fisheries, 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 22, 2005.
Galen R. Tromble
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-8448 Filed 4-22-05; 4:10 pm]
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