55306 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

mail comment the document identifier: 

g62plkro3 (E-mail comments, with or 

without attachments, are limited to 5 

megabytes); 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 

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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 620 of the 

GOA under § 679.20(d)(1)(iii) on August 

29, 2005 (70 FR 51300, August 30, 

2005). NMFS opened directed fishing 

for pollock in Statistical Area 620 of the 

GOA for 96 hrs on September 8, 2005 

(70 FR 53971, September 13, 2005). 

NMFS has determined that 

approximately 2,740 mt of pollock 

remain in the directed fishing 

allowance. Therefore, in accordance 

with 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2005 TAC of 

pollock in Statistical area 620, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 620 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 96 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 620 of the 

GOA effective 1200 hrs, A.l.t., 

September 19, 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) 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 opening of pollock in 

Statistical Area 620 of the GOA. NMFS 

was unable to publish an action 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

12, 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. 

Without this inseason adjustment, 

NMFS could not allow the D season 

allowance of the 2005 TAC of pollock in 

Statistical Area 630 of the GOA to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until September 30, 2005. 

This action is required by §§ 679.20 

and 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: September 15, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18751 Filed 9–15–05; 3:16 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. 

091605F] 

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; rescinding the 

prohibition of retention. 

SUMMARY: NMFS is rescinding the 

prohibition on retention of yellowfin 

sole in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to fully use the 2005 

total allowable catch of yellowfin sole in 

the BSAI and to allow vessels to retain 

yellowfin sole and reduce discards. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 17, 2005, until 

2400 hrs, A.l.t., December 31, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 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 TAC of yellowfin sole in the 

BSAI was established as 83,883 metric 

tons by the 2005 and 2006 final harvest 

specifications for groundfish in the 

BSAI (70 FR 8979, February 24, 2005) 

and the apportionment of the nonspecified reserve to the yellowfin sole 

TAC on July 28, 2005 (70 FR 43644, July 

28, 2005) and September 16, 2005 (70 

FR 54656, September 16, 2005). 

NMFS prohibited retention of 

yellowfin sole BSAI under 

§ 679.20(d)(2) on August 24, 2005 (70 

FR 50995, August 29, 2005). 

NMFS has determined that 

approximately 240 mt of yellowfin sole 

remain in the directed fishing 

allowance. Therefore to fully utilize the 

2005 TAC of yellowfin sole in the BSAI, 

NMFS is rescinding the prohibition on 

retention and is allowing that catches of 

yellowfin sole in this area be retained 

according to the maximum retainable 

amounts at 50 CFR 679.20(e) and (f). 

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 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 

immediately implementing this action 

in order to allow the retention of 

yellowfin sole by vessels fishing in the 

BSAI. Approximately 36 hook-and-line 

catcher/processors will be fishing in the 

BSAI into December. Approximately 

240 metric tons of yellowfin sole TAC 

remains. Therefore, it is no longer 

necessary to prohibit retention of 

yellowfin sole. Allowing for prior notice 

and opportunity for public comment 

would prevent the fisheries from 

realizing the economic benefits of this 

action. In addition, this rule is not 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55307 

subject to a 30- day delay in the 

effective date pursuant to 5 U.S.C. 

553(d)(1) because it relieves a 

restriction. This action allows vessels to 

retain yellowfin sole and reduce 

discards. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or by any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are inapplicable. 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

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

Dated: September 16, 2005. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–18850 Filed 9–16–05; 2:03 pm] 

BILLING CODE 3510–22–S