Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area, 50995 [05-17141]
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[FR Doc. 05–17038 Filed 8–26–05; 8:45 am]
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§ 81.343
[Docket No. 041126332–5039–02; I.D.
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VerDate Aug<18>2005
15:16 Aug 26, 2005
Jkt 205001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
Fisheries of the Exclusive Economic
Zone Off Alaska; Yellowfin Sole in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; prohibition of
retention.
AGENCY:
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.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 24, 2005, until 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 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 TAC of yellowfin sole in the
BSAI was established as 83,883 metric
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
50995
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 § 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 § 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 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: August 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–17141 Filed 8–24–05; 2:52 pm]
BILLING CODE 3510–22–S
E:\FR\FM\29AUR1.SGM
29AUR1
Agencies
[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Rules and Regulations]
[Page 50995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17141]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 082305B]
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole 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; prohibition of retention.
-----------------------------------------------------------------------
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.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 24, 2005,
until 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 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 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 non-specified 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 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: August 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-17141 Filed 8-24-05; 2:52 pm]
BILLING CODE 3510-22-S