[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Rules and Regulations]
[Pages 8749-8750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3440]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041202338-4338-01; I.D. 021605A]
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Central Aleutian District
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the
Central Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the interim 2005 total allowable catch (TAC) of Atka mackerel specified
for the Central Aleutian District.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 17,
2005, until superseded by the notice of final 2005 and 2006 harvest
specifications of groundfish for the BSAI, which will be published in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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 interim 2005 TAC of Atka mackerel in the Central Aleutian
District of the BSAI is 13,218 metric tons (mt) as established by the
interim 2005 harvest specifications for groundfish of the BSAI (69 FR
76780, December 23, 2004).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the interim
2005 TAC specified for Atka mackerel in the Central Aleutian District
will be reached. Therefore, the Regional Administrator is establishing
a directed fishing allowance of 13,000 mt, and is setting aside the
remaining 218 mt as bycatch to support other anticipated groundfish
fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance will be
reached. Consequently, NMFS is prohibiting directed fishing for Atka
mackerel in the Central Aleutian District of the BSAI.
After the effective date of this closure the maximum retainable
amounts at 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 the fisheries under the interim 2005 TAC of
Atka mackerel specified for the Central Aleutian District of the BSAI.
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.
[[Page 8750]]
This action is required by Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 16, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-3440 Filed 2-17-05; 3:07 pm]
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