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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 041126333-5040-02; I.D. 081805B]

NOTICE: RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Temporary rule; closure.

SUBJECT CATEGORY: Fisheries of the Economic Exclusive Zone Off Alaska; Shallow- Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 19, 2005, through 1200 hrs, A.l.t., September 1, 2005.

DOCUMENT SUMMARY: NMFS is prohibiting directed fishing for species that comprise the shallowwater species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the third seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA has been reached.

SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Gulf of Alaska shallow water species,

SUPPLEMENTAL 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.

The third seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA is 200 metric tons as established by the 2005 and 2006 harvest specifications for groundfish of the GOA (70 FR 8958, February 24, 2005), for the period 1200 hrs, A.l.t., July 5, 2005, through 1200 hrs, A.l.t., September 1, 2005.

In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska Region, NMFS, has determined that the third seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the trawl shallowwater species fishery in the GOA has been reached.
Consequently, NMFS is prohibiting directed fishing for the shallow water species fishery by vessels using trawl gear in the GOA. The species and species groups that comprise the shallowwater species fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka mackerel, skates and ``other species.''

This closure does not apply to fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock.

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 the shallowwater species fishery by vessels using trawl gear in the GOA.

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: August 18, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 0516839 Filed 81905; 2:24 pm]
BILLING CODE 351022S

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

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