Fisheries of the Exclusive Economic Zone Off Alaska; “Other Flatfish” in the Bering Sea and Aleutian Islands Management Area, 38815 [05-13259]

Download as PDF Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Rules and Regulations flatfish’’ total allowable catch (TAC) in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 6, 2005, through 2400 hrs, A.l.t., December 31, 2005. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY 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 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 2005 ‘‘other flatfish’’ TAC in the BSAI is 4,375 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 apportionment from the non-specified reserve of groundfish to ‘‘other flatfish’’ in the BSAI, effective July 6, 2005, published in the Rules section of today’s Federal Register. § 577.13 [Amended] In accordance with § 679.20(d)(1)(i), I 5. Section 577.13 is amended by the Administrator, Alaska Region, removing paragraph (c) and NMFS, has determined that the 2005 redesignating paragraph (d) as paragraph ‘‘other flatfish’’ TAC in the BSAI will (c). soon be reached. Therefore, the Regional Issued: June 30, 2005. Administrator is establishing a directed Jeffrey W. Runge, fishing allowance of 3,375 mt, and is setting aside the remaining 1,000 mt as Administrator. bycatch to support other anticipated [FR Doc. 05–13249 Filed 7–5–05; 8:45 am] groundfish fisheries. In accordance with BILLING CODE 4910–59–P § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. DEPARTMENT OF COMMERCE Consequently, NMFS is prohibiting directed fishing for ‘‘other flatfish’’ in National Oceanic and Atmospheric the BSAI. Administration After the effective date of this closure the maximum retainable amounts at 50 CFR Part 679 §§ 679.20(e) and (f) apply at any time [Docket No. 041126332–5039–02; I.D. during a trip. 062905A] ‘‘Other flatfish’’ consists of all flatfish species, except for Pacific halibut, Fisheries of the Exclusive Economic flathead sole, Greenland turbot, rock Zone Off Alaska; ‘‘Other Flatfish’’ in sole, yellowfin sole, arrowtooth the Bering Sea and Aleutian Islands flounder, and Alaska plaice. Management Area Classification AGENCY: National Marine Fisheries This action responds to the best Service (NMFS), National Oceanic and available information recently obtained Atmospheric Administration (NOAA), from the fishery. The Assistant Commerce. Administrator for Fisheries, NOAA ACTION: Temporary rule; closure. (AA), finds good cause to waive the requirement to provide prior notice and SUMMARY: NMFS is prohibiting directed fishing for ‘‘other flatfish’’ in the Bering opportunity for public comment pursuant to the authority set forth at 5 Sea and Aleutian Islands management U.S.C. 553(b)(B) as such requirement is area (BSAI). This action is necessary to impracticable and contrary to the public prevent exceeding the 2005 ‘‘other Noncompliance Information Report to NHTSA. In all other cases, the notification shall be provided in accordance with the schedule submitted to the agency pursuant to § 573.6(c)(8)(ii), unless that schedule is modified by the Administrator. The Administrator may direct a manufacturer to send the notification to dealers on a specific date if the Administrator finds, after consideration of available information and the views of the manufacturer, that such notification is in the public interest. The factors that the Administrator may consider include, but are not limited to, the severity of the safety risk; the likelihood of occurrence of the defect or noncompliance; the time frame in which the defect or noncompliance may manifest itself; availability of an interim remedial action by the owner; whether a dealer inspection would identify vehicles or items of equipment that contain the defect or noncompliance; and the time frame in which the manufacturer plans to provide the notification and the remedy to its dealers. * * * * * VerDate jul<14>2003 16:43 Jul 05, 2005 Jkt 205001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 38815 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 ‘‘other flatfish’’ in the BSAI. 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 29, 2005. Alan D. Risenhoover Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–13259 Filed 6–30–05; 12:42 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 062905B] Fisheries of the Exclusive Economic Zone Off Alaska; ‘‘Other Flatfish’’ in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; apportionment of reserves; request for comments. AGENCY: SUMMARY: NMFS apportions amounts of the non-specified reserve of groundfish to the ‘‘other flatfish’’ initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI. DATES: Effective July 6, 2005 through 2400 hrs, Alaska local time (A.l.t.), December 31, 2005. Comments must be received at the following address no later than 4:30 p.m., A.l.t., July 15, 2005. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by: E:\FR\FM\06JYR1.SGM 06JYR1

Agencies

[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Rules and Regulations]
[Page 38815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13259]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 062905A]


Fisheries of the Exclusive Economic Zone Off Alaska; ``Other 
Flatfish'' in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for ``other flatfish'' in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the 2005 ``other flatfish'' total 
allowable catch (TAC) in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 6, 2005, 
through 2400 hrs, A.l.t., December 31, 2005.

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

SUPPLEMENTARY 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 
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 2005 ``other flatfish'' TAC in the BSAI is 4,375 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 
apportionment from the non-specified reserve of groundfish to ``other 
flatfish'' in the BSAI, effective July 6, 2005, published in the Rules 
section of today's Federal Register.
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS, has determined that the 2005 ``other flatfish'' TAC in 
the BSAI will soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 3,375 mt, and is setting 
aside the remaining 1,000 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 
``other flatfish'' 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.
    ``Other flatfish'' consists of all flatfish species, except for 
Pacific halibut, flathead sole, Greenland turbot, rock sole, yellowfin 
sole, arrowtooth flounder, and Alaska plaice.

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 ``other flatfish'' in the BSAI.
    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.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: June 29, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-13259 Filed 6-30-05; 12:42 pm]
BILLING CODE 3510-22-S