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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. 041805D]
NOTICE: RULES
ACTION: Fishery conservation and management:
DOCUMENT ACTION: Closure.
SUBJECT CATEGORY: Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 19, 2005, through 2400 hrs, A.l.t., December 31, 2005.
DOCUMENT SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hookandline or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 Pacific cod total allowable catch (TAC) specified for catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI.
SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Pacific cod,
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 2005 Pacific cod TAC specified for catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI is 2,504 metric tons (mt) as established by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005) and the reallocation on April 13, 2005 (70 FR 19708, April 14, 2005). See Sec. Sec. 679.20(a)(7)(i)(A), (a)(7)(i)(C), (c)(3)(iii), and (c)(5).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the 2005 Pacific cod TAC specified for catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,300 mt, and is setting aside the remaining 54 mt as bycatch to support other anticipated groundfish fisheries. In accordance with Sec. 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 cod by catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot gear in the BSAI.
After the effective date of this closure the maximum retainable amounts at Sec. 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 Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hookandline or pot 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. 679.20 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
[[Page 20841]]
Dated: April 19, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 058113 Filed 41905; 2:49 pm]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT Josh Keaton, 907-586-7228.
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14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 26 CFR Part 1 50 CFR Part 679 40 CFR Part 180 47 CFR Part 73 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 26 CFR Part 301 50 CFR Part 622 39 CFR Part 111 40 CFR Part 300 50 CFR Part 660 44 CFR Part 65 40 CFR Parts 52 and 81 40 CFR Part 271 47 CFR Part 64 14 CFR Part 23 14 CFR Part 25 21 CFR Part 522 50 CFR Part 665 47 CFR Part 76 27 CFR Part 9