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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 041126332-5039-02; I.D. 022805E]

NOTICE: RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Closure.

SUBJECT CATEGORY: Fisheries of the Exclusive Economic Zone Off Alaska; Species in the Rock Sole/Flathead Sole/``Other Flatfish'' Fishery Category by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management Area

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 1, 2005, through 1200 hrs, A.l.t., April 1, 2005.

DOCUMENT SUMMARY: NMFS is closing directed fishing for species in the rock sole/ flathead sole/``other flatfish'' fishery category by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the first seasonal apportionment of the 2005 halibut bycatch allowance specified for the trawl rock sole/flathead sole/``other flatfish'' fishery category in the BSAI.

SUMMARY: Rock sole, flathead sole, and other flatfish,

SUPPLEMENTAL INFORMATION

NMFS manages the groundfish fishery in the BSAI 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 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 first seasonal apportionment of the 2005 halibut bycatch allowance specified for the trawl rock sole/flathead sole/``other flatfish'' fishery category in the BSAI is 448 metric tons as established by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005).

In accordance with Sec. 679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined that the amount of the first seasonal apportionment of the 2005 halibut bycatch allowance specified for the trawl rock sole/flathead sole/``other flatfish'' fishery category in the BSAI has been caught. Consequently, NMFS is closing directed fishing for species in the rock sole/flathead sole/``other flatfish'' fishery category by vessels using trawl gear in the BSAI.

After the effective date of this closure the maximum retainable amounts at Sec. 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 species in the rock sole/flathead sole/``other flatfish'' fishery category by vessels using trawl gear in the BSAI.

The AA also finds good cause to waive the 30day 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. 679.21 and is exempt from review under Executive Order 12866.

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

Dated: February 28, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 054283 Filed 3105; 2:32 pm]
BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Josh Keaton, 907-586-7228.