[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Rules and Regulations]
[Pages 43644-43645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14950]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 072105A]
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole 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 the yellowfin sole initial total allowable catch (ITAC)
in the Bering Sea and Aleutian Islands management area (BSAI). This
action is necessary to allow the fishery to continue operating. It is
intended to promote the goals and objectives of the fishery management
plan for the BSAI.
DATES: Effective July 28, 2005, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2005. Comments must be received at the following
address no later than 4:30 p.m., A.l.t., August 9, 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, AK;
Fax to 907-586-7557;
E-mail to bsairelys@noaa.gov and include in the subject
line of the e-mail comment the document identifier: bsairelys; 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 2005 ITAC of yellowfin sole in the BSAI was established as
77,083 metric tons by the 2005 and 2006 final harvest specifications
for groundfish in the BSAI (70 FR 8979, February 24, 2005). The
Administrator, Alaska Region, NMFS, has determined that the ITAC for
yellowfin sole in the BSAI needs to be supplemented from the non-
specified reserve in order to continue operations.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions
6,800 metric tons from the non-specified reserve of groundfish to the
yellowfin sole ITAC in the BSAI. This apportionment is consistent with
Sec. 679.20(b)(1)(ii) and does not result in overfishing of a target
species because the revised ITAC 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 to the yellowfin sole fishery. NMFS was unable
to publish a notice providing time for public comment because the most
recent, relevant data only became available as of July 9, 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 August 9,
2005.
This action is required by 50 CFR 679.20 and is exempt from review
under Executive Order 12866.
[[Page 43645]]
Authority: 16 U.S.C. 1801, et seq.
Dated: July 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-14950 Filed 7-25-05; 1:28 pm]
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