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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. 082305B]
NOTICE: RULES
ACTION: Fishery conservation and management:
DOCUMENT ACTION: Temporary rule; prohibition of retention.
SUBJECT CATEGORY: Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 24, 2005, until 2400 hrs, A.l.t., December 31, 2005.
DOCUMENT SUMMARY: NMFS is prohibiting retention of yellowfin sole in the Bering Sea and Aleutian Islands management area (BSAI). NMFS is requiring that catch of yellowfin sole in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2005 total allowable catch (TAC) of yellowfin sole in the BSAI has been reached.
SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Yellowfin sole,
SUPPLEMENTAL 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 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 TAC of yellowfin sole in the BSAI was established as 83,883 metric tons by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005) and the apportionment of the nonspecified reserve to the yellowfin sole TAC on July 28, 2005 (70 FR 43644, July 28, 2005).
In accordance with Sec. 679.20(d)(2), the Administrator, Alaska Region, NMFS, has determined that the yellowfin sole TAC in the BSAI has been reached. Therefore, NMFS is requiring that further catches of yellowfin sole in the BSAI be treated as a prohibited species in accordance with Sec. 679.21(b).
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 a 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 prohibition of retention of yellowfin sole in 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 August 22, 2005.
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.
Dated: August 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 0517141 Filed 82405; 2:52 pm]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT Josh Keaton, 907-586-7228.
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