Fisheries of the Exclusive Economic Zone Off Alaska; “Other Flatfish” in the Bering Sea and Aleutian Islands Management Area, 38815-38816 [05-13260]

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 38816 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Rules and Regulations • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska; • Fax to 907–586–7557; • E-mail to bsairelotfl@noaa.gov and include in the subject line of the e-mail comment the document identifier: bsairelys; or • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. 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 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 ITAC of ‘‘other flatfish’’ in the BSAI was established as 2,975 metric tons by the 2005 and 2006 final harvest specifications for groundfish in SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 16:43 Jul 05, 2005 Jkt 205001 the BSAI (70 FR 8979, February 24, 2005). The Administrator, Alaska Region, NMFS, has determined that the ITAC for ‘‘other flatfish’’ in the BSAI needs to be supplemented from the nonspecified reserve in order to continue operations. Therefore, in accordance with § 679.20(b)(3), NMFS apportions 1,400 metric tons from the non-specified reserve of groundfish to the ‘‘other flatfish’’ ITAC in the BSAI. This apportionment is consistent with § 679.20(b)(1)(ii) and does not result in overfishing of a target species because the revised ITAC is equal to or less than the specification of the acceptable biological catch (70 FR 8979, February 24, 2005). ‘‘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) and 679.20(b)(3)(iii)(A) as such a requirement is impracticable PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 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 apportionment of the non-specified reserves of groundfish to the ‘‘other flatfish’’ fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 16, 2005. 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. Under 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES) until July 15, 2005. This action is required by 50 CFR 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. 05–13260 Filed 6–30–05; 12:42 pm] BILLING CODE 3510–22–S E:\FR\FM\06JYR1.SGM 06JYR1

Agencies

[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Rules and Regulations]
[Pages 38815-38816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13260]


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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

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

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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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:

[[Page 38816]]

     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     Fax to 907-586-7557;
     E-mail to bsairelotfl@noaa.gov and include in the subject 
line of the e-mail comment the document identifier: bsairelys; or
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

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

SUPPLEMENTARY 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 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 ITAC of ``other flatfish'' in the BSAI was established as 
2,975 metric tons by the 2005 and 2006 final harvest specifications for 
groundfish in the BSAI (70 FR 8979, February 24, 2005). The 
Administrator, Alaska Region, NMFS, has determined that the ITAC for 
``other flatfish'' in the BSAI needs to be supplemented from the non-
specified reserve in order to continue operations.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
1,400 metric tons from the non-specified reserve of groundfish to the 
``other flatfish'' ITAC in the BSAI. This apportionment is consistent 
with Sec.  679.20(b)(1)(ii) and does not result in overfishing of a 
target species because the revised ITAC is equal to or less than the 
specification of the acceptable biological catch (70 FR 8979, February 
24, 2005).
    ``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) and 679.20(b)(3)(iii)(A) 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 apportionment of the non-specified 
reserves of groundfish to the ``other flatfish'' fishery. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of June 16, 
2005.
    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.
    Under 679.20(b)(3)(iii), interested persons are invited to submit 
written comments on this action (see ADDRESSES) until July 15, 2005.
    This action is required by 50 CFR 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. 05-13260 Filed 6-30-05; 12:42 pm]
BILLING CODE 3510-22-S

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