[Federal Register Volume 70, Number 185 (Monday, September 26, 2005)]
[Rules and Regulations]
[Page 56138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19168]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 092105A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Areas 620 and 630 of the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for pollock in Statistical 
Area 630 of the Gulf of Alaska (GOA) for 24 hours and opening directed 
fishing for pollock in Statistical area 620 of the GOA. This action is 
necessary to fully use the C season allowance of the 2005 total 
allowable catch (TAC) of pollock specified for Statistical Areas 620 
and 630.

DATES: Opening directed fishing for pollock in Statistical area 630 of 
the Gulf of Alaska: Effective 1200 hrs, Alaska local time (A.l.t.), 
September 22, 2005, through 1200 hrs, A.l.t., September 23, 2005. 
Opening directed fishing for pollock in Statistical area 620 of the 
Gulf of Alaska: Effective 1200 hrs, A.l.t., September 22, 2005, through 
1200 hrs, A.l.t., October 1, 2005.

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 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.
    NMFS closed the directed fishery for pollock in Statistical Area 
630 of the GOA under Sec.  679.20(d)(1)(iii) on August 27, 2005 (70 FR 
51300, August 30, 2005). NMFS opened directed fishing for pollock in 
Statistical Area 630 of the GOA for 48 hrs on September 8, 2005 (70 FR 
53971, September 13, 2005) and for 24 hrs on September 15, 2005 (70 FR 
55305, September 21, 2005).
    NMFS has determined that approximately 1,550 mt of pollock remain 
in the directed fishing allowance for Statistical Area 630 of the GOA. 
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 630, NMFS is terminating the 
previous closure and is reopening directed fishing for pollock in 
Statistical Area 630 of the GOA. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance will be reached after 24 hours. Consequently, NMFS is 
prohibiting directed fishing for pollock in Statistical Area 630 of the 
GOA effective 1200 hrs, A.l.t., September 23, 2005.
    NMFS closed the directed fishery for pollock in Statistical Area 
620 of the GOA under Sec.  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) and for 96 hrs on September 15, 2005 (70 FR 
55305, September 21, 2005).
    NMFS has determined that approximately 3,900 mt of pollock remain 
in the directed fishing allowance for Statistical Area 620 of the GOA. 
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.

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 Areas 620 and 630 of 
the GOA. NMFS was unable to publish a an action providing time for 
public comment because the most recent, relevant data only became 
available as of September 19, 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 Sec. Sec.  679.20 and 679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 21, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-19168 Filed 9-21-05; 2:17 pm]
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