[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Rules and Regulations]
[Pages 57518-57519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19719]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 092805A]


Fisheries of the Economic Exclusive Zone Off Alaska; Pacific 
Ocean Perch in the Western Aleutian District of the Bering Sea and 
Aleutian Islands Management Area

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 Pacific ocean perch in 
the Western Aleutian District of the Bering Sea and Aleutian Islands 
Management Area (BSAI). This action is necessary to allow the Pacific 
ocean perch fishery in the Western Aleutian District of the BSAI to 
resume.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 28, 
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 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.
    NMFS closed directed fishing for Pacific ocean perch in the Western 
Aleutian District of the BSAI under Sec.  679.20(d)(1)(i) on July 18, 
2005 (70 FR 42280, July 22, 2005).
    NMFS has determined that as of September 26, 2005, approximately 
1,422 metric tons of Pacific ocean perch remain in the 2005 Pacific 
ocean perch total allowable catch (TAC) in the Western Aleutian 
District of the BSAI. Therefore, in accordance with Sec. Sec.  
679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to allow the Pacific ocean 
perch fishery to resume, NMFS is terminating the previous closure and 
is reopening directed fishing for Pacific ocean perch in the Western 
Aleutian District of the BSAI.

[[Page 57519]]

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 delay the opening of the fishery, not allow the full 
utilization of the Pacific ocean perch TAC in the Western Aleutian 
District of the BSAI, and therefore reduce the public's ability to use 
and enjoy the fishery resource.
    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.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 28, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-19719 Filed 9-28-05; 2:54 pm]
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