Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations 49197

* * * * *

Dated: July 26, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 05–16720 Filed 8–22–05; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041126332–5039–02; I.D. 

081705G]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Yellowfin Sole 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 yellowfin sole 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 yellowfin sole 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 yellowfin sole 

fishery category in the BSAI is 886 

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 yellowfin sole fishery category 

in the BSAI has been caught. 

Consequently, NMFS is closing directed 

fishing for yellowfin sole 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 

yellowfin sole 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. 05–16706 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. 

081605D]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel Lottery 

in Areas 542 and 543

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Temporary rule; notification of 

fishery assignments.

SUMMARY: NMFS is notifying the owners 

and operators of registered vessels of 

their assignments for the B season Atka 

mackerel fishery in harvest limit area 

(HLA) 542 and/or 543 of the Aleutian 

Islands subarea of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the harvest of the B season Atka 

mackerel HLA limits established for 

area 542 and area 543.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 18, 2005, until 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 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.

In accordance with 

§ 679.20(a)(8)(iii)(A), owners and 

operators of vessels using trawl gear for 

directed fishing for Atka mackerel in the 

HLA are required to register with 

NMFS. Ten vessels have registered with 

NMFS to fish in the B season HLA 

fisheries in areas 542 and/or 543. In 

order to reduce the amount of daily 

catch in the HLA by about half and to 

disperse the fishery over time and in 

accordance with § 679.20(a)(8)(iii)(B), 

the Administrator, Alaska Region, 

NMFS, has randomly assigned each 

vessel to the HLA directed fishery for 

Atka mackerel for which they have 

registered and is now notifying each 

vessel of its assignment.

Vessels authorized to participate in 

the first HLA directed fishery in area 

542 and/or in the second HLA directed 

fishery in area 543 in accordance with 

§ 679.20(a)(8)(iii) are as follows: Federal 

Fishery Permit number (FFP) 3835 

Seafisher, FFP 3400 Alaska Ranger, FFP 

1879 American No. 1, FFP 4093 Alaska 

Victory, and FFP 3819 Alaska Spirit.

Vessels authorized to participate in 

the first HLA directed fishery in area 

543 and/or the second HLA directed 

fishery in area 542 in accordance with 

§ 679.20(a)(8)(iii) are as follows: FFP 

2134 Ocean Peace, FFP 2443 Alaska