5062 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. On April 27, 2000, 

NMFS implemented the final rule (65 

FR 16336, March 28, 2000) that divided 

the Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota implemented for the 

southern Florida west coast subzone is 

1,040,625 lb (472,020 kg). That quota is 

further divided into two equal quotas of 

520,312 lb (236,010 kg) for vessels in 

each of two groups fishing with runaround gillnets and hook-and-line gear 

(50 CFR 622.42(c)(1)(i)(A)(2)(i)).

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register for public inspection. NMFS 

has determined that the commercial 

quota of 520,312 lb (236,010 kg) for Gulf 

group king mackerel for vessels using 

run-around gillnet gear in the southern 

Florida west coast subzone was reached 

on Thursday, January 27, 2005. 

Accordingly, the commercial fishery for 

king mackerel for such vessels in the 

southern Florida west coast subzone is 

closed at 6 a.m., local time, Friday, 

January 28, 2005, through 6 a.m., 

January 17, 2006, the beginning of the 

next fishing season, i.e., the day after 

the 2006 Martin Luther King Jr. Federal 

holiday.

The Florida west coast subzone is that 

part of the eastern zone south and west 

of 25°20.4′ N. lat. (a line directly east 

from the Miami-Dade County, FL, 

boundary). The Florida west coast 

subzone is further divided into northern 

and southern subzones. The southern 

subzone is that part of the Florida west 

coast subzone which from November 1 

through March 31 extends south and 

west from 25°20.4′ N. lat. to 26°19.8′ N. 

lat.(a line directly west from the Lee/

Collier County, FL, boundary), i.e., the 

area off Collier and Monroe Counties. 

From April 1 through October 31, the 

southern subzone is that part of the 

Florida west coast subzone which is 

between 26°19.8′ N. lat. and 25°48′ N. 

lat.(a line directly west from the 

Monroe/Collier County, FL, boundary), 

i.e., the area off Collier County.

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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action in 

order to protect the fishery since the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

will require time and would potentially 

result in a harvest well in excess of the 

established quota.

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30 day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3).

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866.

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

Dated: January 27, 2005.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 05–1802 Filed 1–27–05; 1:47 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041202339–4339–01; I.D. 

012705A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the first seasonal allowance of the 

pollock interim total allowable catch 

(TAC) for Statistical Area 630 of the 

GOA.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 29, 2005, until 

superseded by the notice of 2005 and 

2006 final harvest specifications of 

groundfish for the GOA, 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 

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 MagnusonStevens 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 first seasonal allowance of the 

pollock interim TAC for Statistical Area 

630 of the GOA is 3,091 metric tons (mt) 

as established by the interim harvest 

specifications for groundfish of the GOA 

(69 FR 74455, December 14, 2004).

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the first seasonal 

allowance of the pollock interim TAC in 

Statistical Area 630 will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 2,891 mt, and is 

setting aside the remaining 200 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 5063

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 630 of the GOA.

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 pollock in 

Statistical Area 630 of the GOA.

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 is exempt from review under 

Executive Order 12866.

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

Dated: January 27, 2005.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 05–1801 Filed 1–27–05; 1:47 pm]

BILLING CODE 3510–22–S