Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 57803 

in which the full Winter I commercial 

scup quota is not harvested, to: allow 

unused quota from the Winter I period 

to be added to the quota for the Winter 

II period, and allow adjustment of the 

commercial possession limits for the 

Winter II period commensurate with the 

amount of quota rolled over from the 

Winter I period. Table 5 of the final 

2005 quota specifications for summer 

flounder, scup, and black sea bass (70 

FR 303, January 4, 2005) presented 

detailed information regarding Winter II 

possession limits, based on the amount 

of scup to be rolled over from Winter I 

to Winter II. 

On August 2, 2005 (70 FR 44291), 

NMFS published a temporary rule in the 

Federal Register, transferring 2,223,502 

lb (1,008,564 kg) of unused 2005 Winter 

I scup commercial quota to the 2005 

Winter II period, resulting in an 

adjusted 2005 Winter II commercial 

scup quota and possession limit of 

4,173,464 lb (1,893,051 kg) and 3,500 lb 

(1,588 kg), respectively. Since then, 

NMFS has determined that 291,135 lb 

(132,057 kg) of scup landed during the 

2005 Winter I period were misreported 

as unclassified porgies or red porgies via 

the Electronic Dealer Reporting System, 

and has properly accounted for those 

landings as scup. The initial 2005 

Winter II quota, as established in the 

final 2005 quota specifications (70 FR 

303, January 4, 2005) is 1,949,962 lb 

(884,488 kg). Including updates in 

addition to those described above, the 

best available landings information as of 

September 18, 2005, indicates that 

1,835,953 lb (832,774 kg) remain of the 

Winter I quota of 5,518,367 lb 

(2,503,089 kg). Consistent with the final 

rule to implement Framework 

Adjustment 3 to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan (68 FR 62250, 

November 3, 2003), the full amount of 

unused 2005 Winter I quota is 

transferred to Winter II, resulting in a 

revised 2005 Winter II quota of 

3,785,915 lb (1,717,262 kg). Consistent 

with the rollover specifications 

established in the 2005 final 

specifications (70 FR 303, January 4, 

2005), the 2005 Winter II possession 

limit is adjusted to 3,000 lb (1,361 kg) 

per trip to provide an appropriate 

opportunity for fishing vessels to obtain 

the adjusted Winter II quota. 

Classification 

This action is required by 50 CFR part 

648 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. 05–19879 Filed 10–3–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5040–02; I.D. 

092805E] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Trawl Gear in the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for groundfish by vessels using 

trawl gear in the Gulf of Alaska (GOA), 

except for directed fishing for pollock 

by vessels using pelagic trawl gear in 

those portions of the GOA open to 

directed fishing for pollock. This action 

is necessary because the 2005 Pacific 

halibut prohibited species catch (PSC) 

limit specified for trawl gear in the GOA 

has been caught. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 1, 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 

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 2005 Pacific halibut PSC limit for 

vessels using trawl gear is 2,000 metric 

tons as established by the 2005 and 

2006 harvest specifications for 

groundfish of the GOA (70 FR 8958, 

February 24, 2005). 

The Administrator, Alaska Region, 

has determined, in accordance with 

§ 679.21(d)(7)(i), that vessels engaged in 

directed fishing for groundfish with 

trawl gear in the GOA have caught the 

2005 Pacific halibut PSC limit. 

Therefore, NMFS is closing directed 

fishing for groundfish by vessels using 

trawl gear in the GOA, except for 

directed fishing for pollock by vessels 

using pelagic trawl gear in those 

portions of the GOA that remain open 

to directed fishing for pollock. 

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 

groundfish with trawl gear in 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 

26, 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: September 28, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–19850 Filed 9–29–05; 2:43 pm] 

BILLING CODE 3510–22–S