Fisheries of the Exclusive Economic Zone Off Alaska; Non-Community Development Quota Pollock with Trawl Gear in the Chinook Salmon Savings Areas of the Bering Sea and Aleutian Islands Management Area, 47728-47729 [05-16120]

Download as PDF 47728 Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations calendar provisions. As a result, on July 25, 2005, the states recommended, and the RA concurred, that effective Friday, July 29, 2005, the La Push, Westport, and Columbia River Subarea’s be open seven days per week, with a modified daily bag limit as follows: ‘‘All salmon, two fish per day, and all retained coho must have a healed adipose fin clip.’’ All other restrictions remain in effect as announced for 2005 Ocean Salmon Fisheries. The RA determined that the best available information indicated that the catch and effort data, and projections, supported the above inseason actions recommended by the states. The states manage the fisheries in state waters adjacent to the areas of the U.S. exclusive economic zone in accordance with these Federal actions. As provided by the inseason notice procedures of 50 CFR 660.411, actual notice to fishers of the already described regulatory actions were given, prior to the date the action was effective, by telephone hotline number 206–526–6667 and 800–662– 9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 2182 kHz. These actions do not apply to other fisheries that may be operating in other areas. Classification The Assistant Administrator for Fisheries, NOAA (AA), finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment under 5 U.S.C. 553(b)(B) because such notification would be impracticable. As previously noted, actual notice of the regulatory actions were provided to fishers through telephone hotline and radio notification. These actions comply with the requirements of the annual management measures for ocean salmon fisheries (70 FR 23054, May 4, 2005), the West Coast Salmon Plan, and regulations implementing the West Coast Salmon Plan 50 CFR 660.409 and 660.411. Prior notice and opportunity for public comment was impracticable because NMFS and the state agencies had insufficient time to provide for prior notice and the opportunity for public comment between the time the fishery catch and effort data were collected to determine the extent of the fisheries, and the time the fishery modifications had to be implemented in order to allow fishers access to the available fish at the time the fish were available. The AA also finds good cause to waive the 30–day delay in effectiveness required under U.S.C. 553(d)(3), as a delay in effectiveness of these actions would limit fishers VerDate jul<14>2003 13:13 Aug 12, 2005 Jkt 205001 appropriately controlled access to available fish during the scheduled fishing season by unnecessarily maintaining two restrictions. The actions increased the fishing days per calendar week from 5 days to 7 days, and allowed fishers to land up to two of any species of salmon, previously only one of the two fish bag limit could be a Chinook salmon. These actions are authorized by 50 CFR 660.409 and 660.411 and are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 9, 2005. Anne M. Lange, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–16118 Filed 8–12–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 080805D] Fisheries of the Exclusive Economic Zone Off Alaska; Non-Community Development Quota Pollock with Trawl Gear in the Chinook Salmon Savings Areas of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for non-Community Development Quota (CDQ) pollock with trawl gear in the Chinook Salmon Savings Areas of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 limit of chinook salmon caught by vessels using trawl gear while directed fishing for non-CDQ pollock in the BSAI. DATES: Effective 12 noon, Alaska local time (A.l.t.), September 1, 2005, through 12 midnight, A.l.t., December 31, 2005. FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 chinook salmon PSC limit for the pollock fishery is set at 29,000 fish (see § 679.21(e)(1)(i) and (vii)). Of that limit, 7.5 percent is allocated to the groundfish CDQ program as prohibited species quota reserve (see § 679.21(e)(1)(i)). Consequently, the 2005 non-CDQ limit of chinook salmon caught by vessels using trawl gear while directed fishing for pollock in the BSAI is 26,825 animals. In accordance with § 679.21(e)(7)(viii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2005 non-CDQ limit of chinook salmon caught by vessels using trawl gear while directed fishing for non-CDQ pollock in the BSAI has been reached. Consequently, the Regional Administrator is prohibiting directed fishing for non-CDQ pollock with trawl gear in the Chinook Salmon Savings Areas defined at Figure 8 to 50 CFR part 679. After the effective date of this closure the maximum retainable amounts at § 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 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 closure of directed fishing for non-CDQ pollock with trawl gear in the Chinook Salmon Savings Areas. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 3, 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. E:\FR\FM\15AUR1.SGM 15AUR1 Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations Authority: 16 U.S.C. 1801 et seq. This action is required by § 679.21 and is exempt from review under Executive Order 12866. Dated: August 9, 2005. Anne M. Lange, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–16120 Filed 8–12–05; 8:45 am] BILLING CODE 3510–22–S VerDate jul<14>2003 13:13 Aug 12, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 47729 E:\FR\FM\15AUR1.SGM 15AUR1

Agencies

[Federal Register Volume 70, Number 156 (Monday, August 15, 2005)]
[Rules and Regulations]
[Pages 47728-47729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16120]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 080805D]


Fisheries of the Exclusive Economic Zone Off Alaska; Non-
Community Development Quota Pollock with Trawl Gear in the Chinook 
Salmon Savings Areas of 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 non-Community 
Development Quota (CDQ) pollock with trawl gear in the Chinook Salmon 
Savings Areas of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2005 limit of 
chinook salmon caught by vessels using trawl gear while directed 
fishing for non-CDQ pollock in the BSAI.

DATES: Effective 12 noon, Alaska local time (A.l.t.), September 1, 
2005, through 12 midnight, A.l.t., December 31, 2005.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 chinook salmon PSC limit for the pollock fishery is set at 
29,000 fish (see Sec.  679.21(e)(1)(i) and (vii)). Of that limit, 7.5 
percent is allocated to the groundfish CDQ program as prohibited 
species quota reserve (see Sec.  679.21(e)(1)(i)). Consequently, the 
2005 non-CDQ limit of chinook salmon caught by vessels using trawl gear 
while directed fishing for pollock in the BSAI is 26,825 animals.
    In accordance with Sec.  679.21(e)(7)(viii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2005 non-CDQ limit of chinook salmon caught by vessels using trawl gear 
while directed fishing for non-CDQ pollock in the BSAI has been 
reached. Consequently, the Regional Administrator is prohibiting 
directed fishing for non-CDQ pollock with trawl gear in the Chinook 
Salmon Savings Areas defined at Figure 8 to 50 CFR part 679.
    After the effective date of this closure the maximum retainable 
amounts at 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 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 closure of directed fishing for non-CDQ pollock with 
trawl gear in the Chinook Salmon Savings Areas. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of August 3, 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.

[[Page 47729]]

    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 9, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-16120 Filed 8-12-05; 8:45 am]
BILLING CODE 3510-22-S

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