[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Rules and Regulations]
[Page 65863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21773]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 102605A]


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; 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. This action is 
necessary to fully use the 2005 total allowable catch (TAC) of pollock 
specified for Statistical Area 630.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 27, 
2005, through 1200 hrs, A.l.t., October 28, 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 October 8, 2005 (70 FR 
59676, October 13, 2005). NMFS reopened directed fishing for pollock in 
Statistical Area 630 of the GOA for 48 hours under 679.25(a)(2)(i)(C) 
and (a)(2)(iii)(D) on October 17, 2005 (70 FR 61067, October 20, 2005).
    NMFS has determined that approximately 588 mt of pollock remain in 
the directed fishing allowance. Therefore, in accordance with Sec.  
679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize 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 the directed 
fishing allowance for pollock in Statistical Area 630 of the GOA 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., October 28, 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 630 of the GOA. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
October 25, 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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: October 26, 2005.
Ann M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-21773 Filed 10-27-05; 4:02 pm]
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