Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 21678 [05-8448]

Download as PDF 21678 Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Rules and Regulations seasons. The February 17, 2005, report on commercial shark landings was the first report received from dealers since the end of the 2004 second semi-annual season, as well as the first report received for the 2005 first trimester season. If the 30-day delay in effective date is not waived, then commercial fishermen in the SCS, pelagic, blue, and porbeagle shark fisheries will not be able to fish on May 1, 2005. Not allowing them to fish for these species, which are not overfished and are not at risk of an overharvest, would have negative economic impacts. Negative economic impacts would include elimination of all shark landings during a time in which fishermen have historically been allowed to fish, loss of anticipated revenues, marketing opportunities, predictability in the supply and availability of shark products, and general disruption to the Atlantic commercial shark fishery. Since the LCS commercial fishing season has been shortened in recent years to adjust for lower LCS landings quotas, fishermen have come to rely on landings of SCS, pelagic, blue, and porbeagle sharks during times when the LCS fishery is closed. Not allowing the fishery to remain open during this period would likely result in fishermen having to target other species, switch to new gears, or leave the fishery entirely. Other provisions of this final rule, including the opening dates for LCS, would have a 30-day delay in effectiveness from the date of publication of this rule. Accordingly, pursuant to 5 U.S.C. 553(d)(1), a delay in effective date is waived for the abovereferenced May 1, 2005, start date. This final rule has been determined to be not significant for purposes of Executive Order 12866. NMFS determined that this rule will be implemented in a manner that is consistent, to the maximum extent practicable, with the enforceable policies of the approved coastal zone management (CZM) programs of coastal states in the Atlantic, Gulf of Mexico, and Caribbean. NMFS asked for states concurrence with this determination during the proposed rule stage. Three states replied affirmatively regarding the consistency determination, and one state (Texas) indicated that its CZM program no longer issues consistency determinations for federally managed fishing activities. NMFS presumes that the remaining states that have not yet responded concur with the determination. VerDate jul<14>2003 17:56 Apr 26, 2005 Jkt 205001 Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. Dated: April 22, 2005. Rebecca Lent, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 05–8443 Filed 4–22–05; 4:31 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126333–5040–02; I.D. 042105C] Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of a closure. AGENCY: SUMMARY: NMFS is opening directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to allow the deep-water species fisheries by vessels using trawl gear in the GOA to resume. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 24, 2005, through 1200 hrs, A.l.t., July 5, 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 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. NMFS closed directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the GOA under § 679.21(d)(7)(i) on April 8, 2005 (70 FR 19338, April 13, 2005). NMFS has determined that approximately 60 metric tons of halibut PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 remain in the second seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA. Therefore, in accordance with §§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to allow the deep-water species fisheries by vessels using trawl gear in the GOA to resume, NMFS is terminating the previous closure and is reopening directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the GOA. The reopening is effective 1200 hrs, Alaska local time (A.l.t.), April 24, 2005, through 1200 hrs, A.l.t., July 5, 2005. The species and species groups that comprise the deep-water species fishery are all rockfish of the genera Sebastes and Sebastolobus, deep-water flatfish, rex sole, arrowtooth flounder, and sablefish. 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 delay the opening of the fishery, not allow the full utilization of the species and species groups that comprise the deep-water species fisheries, and therefore reduce the public’s ability to use and enjoy the fishery resource. 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 § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 22, 2005. Galen R. Tromble Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–8448 Filed 4–22–05; 4:10 pm] BILLING CODE 3510–22–S E:\FR\FM\27APR1.SGM 27APR1

Agencies

[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Page 21678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8448]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126333-5040-02; I.D. 042105C]


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Modification of a closure.

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SUMMARY: NMFS is opening directed fishing for species that comprise the 
deep-water species fishery by vessels using trawl gear in the Gulf of 
Alaska (GOA). This action is necessary to allow the deep-water species 
fisheries by vessels using trawl gear in the GOA to resume.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 24, 2005, 
through 1200 hrs, A.l.t., July 5, 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 directed fishing for species that comprise the deep-
water species fishery by vessels using trawl gear in the GOA under 
Sec.  679.21(d)(7)(i) on April 8, 2005 (70 FR 19338, April 13, 2005).
    NMFS has determined that approximately 60 metric tons of halibut 
remain in the second seasonal apportionment of the 2005 Pacific halibut 
bycatch allowance specified for the deep-water species fishery in the 
GOA. Therefore, in accordance with Sec. Sec.  679.25(a)(2)(i)(C) and 
(a)(2)(iii)(D), and to allow the deep-water species fisheries by 
vessels using trawl gear in the GOA to resume, NMFS is terminating the 
previous closure and is reopening directed fishing for species that 
comprise the deep-water species fishery by vessels using trawl gear in 
the GOA. The reopening is effective 1200 hrs, Alaska local time 
(A.l.t.), April 24, 2005, through 1200 hrs, A.l.t., July 5, 2005. The 
species and species groups that comprise the deep-water species fishery 
are all rockfish of the genera Sebastes and Sebastolobus, deep-water 
flatfish, rex sole, arrowtooth flounder, and sablefish.

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 delay the opening of the fishery, not allow the full 
utilization of the species and species groups that comprise the deep-
water species fisheries, and therefore reduce the public's ability to 
use and enjoy the fishery resource.
    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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: April 22, 2005.
Galen R. Tromble
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-8448 Filed 4-22-05; 4:10 pm]
BILLING CODE 3510-22-S