49198 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations 

Juris, FFP 3423 Alaska Warrior, FFP 

2800 US Intrepid, and FFP 2733 

Seafreeze Alaska.

Classification

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 unnecessary. This notice 

merely advises the owners of these 

vessels of the results of a random 

assignment required by regulation. The 

notice needs to occur immediately to 

notify the owner of each vessel of its 

assignment to allow these vessel owners 

to plan for participation in the B season 

HLA fisheries in area 542 and area 543.

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 §§ 679.20 

and 679.22 and is exempt from review 

under Executive Order 12866.

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

Dated: August 17, 2005.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 05–16707 Filed 8–18–05; 2:30 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041126332–5039–02; I.D. 

081705E]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Species in the Rock 

Sole/Flathead Sole/‘‘Other Flatfish’’

Fishery Category by Vessels Using 

Trawl Gear 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; closure.

SUMMARY: NMFS is closing directed 

fishing for species in the rock sole/

flathead sole/‘‘other flatfish’’ fishery 

category by vessels using trawl gear in 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2005 

halibut bycatch allowance specified for 

the trawl rock sole/flathead sole/‘‘other 

flatfish’’ fishery category in the BSAI.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 18, 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 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 halibut bycatch allowance 

specified for the trawl rock sole/flathead 

sole/‘‘other flatfish’’ fishery category in 

the BSAI is 779 metric tons as 

established by the 2005 and 2006 final 

harvest specifications for groundfish in 

the BSAI (70 FR 8979, February 24, 

2005).

In accordance with § 679.21(e)(7)(v), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2005 

halibut bycatch allowance specified for 

the trawl rock sole/flathead sole/‘‘other 

flatfish’’ fishery category in the BSAI 

has been caught. Consequently, NMFS 

is closing directed fishing for species in 

the rock sole/flathead sole/‘‘other 

flatfish’’ fishery category by vessels 

using trawl gear in the BSAI.

After the effective date of this closure 

the maximum retainable amounts at 

§§ 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 directed fishing for 

species in the rock sole/flathead sole/

‘‘other flatfish’’ fishery category by 

vessels using trawl gear in the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 17, 

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.

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866.

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

Dated: August 17, 2005.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 05–16704 Filed 8–18–05; 2:43 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041126332–5039–02; I.D. 

081705F]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Trawl Gear 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; closure.

SUMMARY: NMFS is closing directed 

fishing for Pacific cod by vessels using 

trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2005 halibut 

bycatch allowance specified for the 

trawl Pacific cod fishery category in the 

BSAI.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 18, 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 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.