59676 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 

the BSAI (70 FR 8979, February 24, 

2005). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2005 Pacific ocean 

perch TAC in the Western Aleutian 

District of the BSAI will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 4,650 mt, and is 

setting aside the remaining 53 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific ocean perch 

in the Western Aleutian District of the 

BSAI. 

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 Pacific ocean perch 

in the Western Aleutian District of the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of October 5, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 6, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–20542 Filed 10–7–05; 2:30 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. 

100705A] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Atka Mackerel 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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Atka mackerel with gears 

other than jig in the Eastern Aleutian 

District and the Bering Sea subarea of 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to fully use the 2005 Atka 

Mackerel total allowable catch (TAC) 

specified for gears other than jig in the 

Eastern Aleutian District and the Bering 

Sea subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 9, 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 Atka 

mackerel with gears other than jig in the 

Eastern Aleutian District and the Bering 

Sea subarea of the BSAI under 

§ 679.20(d)(1)(i) on September 2, 2005 

(70 FR 53101, September 7, 2005). 

NMFS has determined that as of 

October 4, 2005, approximately 1,355 

metric tons of Atka mackerel remain in 

the 2005 Atka mackerel TAC specified 

for gears other than jig in the Eastern 

Aleutian District and the Bering Sea 

subarea of the BSAI. Therefore, in 

accordance with §§ 679.25(a)(2)(i)(C) 

and (a)(2)(iii)(D), and to allow the Atka 

mackerel fishery to resume, NMFS is 

terminating the previous closure and is 

reopening directed fishing for Atka 

mackerel with gears other than jig in the 

Eastern Aleutian District and the Bering 

Sea subarea of the BSAI. 

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 Atka mackerel TAC specified for 

gears other than jig in the Eastern 

Aleutian District and the Bering Sea 

subarea 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 § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 7, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–20543 Filed 10–7–05; 2:30 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333–5040–02; I.D. 

100705B] 

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: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area