Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea Subarea, 51684-51688 [05-17341]

Download as PDF 51684 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations This same boundary line is used as the offshore boundary of the Ocean Salmon Conservation Zone established by this rule. Regulatory Changes put into Effect Through This Emergency Action Federal regulations at 50 CFR 660.373(c) establish two closed areas for the Pacific whiting fishery that are intended to constrain the effects of the fishery on Klamath and Columbia River salmon. Additional salmon protection is provided at 50 CFR 660.373(d), which sets whiting trip limits for vessels operating shoreward of the 100–fm (183–m) depth contour in the Eureka management area (from 43°00′ to 40°30′ N. lat.) This emergency rule temporarily establishes a third salmon conservation zone for all West Coast waters shoreward of a boundary line approximating the 100–fm (183–m) depth contour. The latitude/longitude coordinates defining the boundary line that approximates the 100–fm (183–m) depth contour are provided at § 660.393(a). Classification This emergency rule establishes a coastwide salmon conservation zone for the Pacific whiting fishery. It is issued under the authority of the MagnusonStevens Fishery Conservation and Management Act at section 305(c)(1) and is consistent with the regulations implementing the FMP at 50 CFR part 660. The Assistant Administrator for Fisheries, NOAA (AA) finds good cause to waive the requirement to provide prior notice and comment on this action pursuant to 5 U.S.C. 553(b)(B)., because Pproviding prior notice and opportunity for public comment would be impracticable and contrary to the public interest for the following reasons. The information on which this action is based was not available to NMFS until July 2005 and the closed area implemented by this rule needs to be in place as soon as possible in August 2005 in order to provide additional protection for ESA-listed endangered and threatened salmon during the remainder of the 2005 primary primary whiting season, as well as during the ESA consultation that is currently ongoing for these salmon. If the agency were to conductundergo a proposed and final rulemaking for this action, the rule would not likely be finalized until after the whiting fisheries had achieved their 2005 whiting quotas. The bycatch of ESA-listed salmon could continue unabated during this time. Providing prior notice and comment would be impracticable because affording prior VerDate Aug<18>2005 16:14 Aug 30, 2005 Jkt 205001 notice and opportunity for public comment would impede the agency’s mandated duty to manage fisheries to protect endangered and threatened salmon. For the reasons described above, pursuant to 5 U.S.C. 553(d)(3), the AA also finds good cause to waive the 30– day delay in effectiveness, so that this rule may become effective as soon as possible to provide immediate protection for ESA-listed endangered and threatened salmon. This emergency rule has been determined to be not significant for purposes of Executive Order 12866. This action is within the scope of the October 2004 Environmental Impact Statement (EIS) prepared by the Council for the 2005–2006 Pacific Coast groundfish ABCs, OYS, and management measures. Copies of this EIS are available from the Pacific Council (See ADDRESSES.) This emergency rule is exempt from the procedures of the Regulatory Flexibility Act because the rule is issued without opportunity for prior notice and opportunity for public comment. The proposed and final rules to implement the 2005–2006 groundfish harvest specifications and management measures were developed after meaningful consultation and collaboration with tribal officials from the area covered by the FMP, per Executive Order 13175. Under the Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council must be a representative of an Indian tribe with federally recognized fishing rights from the area of the Council’s jurisdiction. The tribal representative on the Council made a motion to adopt the 2005–2006 tribal management measures, which was passed by the Council. Of the four groundfish treaty tribes, only the Makah Tribe conducts a whiting fishery. NMFS consulted with the Makah Tribe on salmon bycatch in their whiting fishery and on implementing a fishery closure shoreward of a boundary line approximating the 100–fm (183–m) depth contour. The Makah Tribe is implementing tribal fishery regulations to close the tribal whiting fishery shoreward of 100- fm (183- m) and is beginning testing a salmon bycatch excluder device that has been successfully used to exclude salmon bycatch in Alaska pollock fisheries. List of Subjects in 50 CFR Part 660 Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, PO 00000 Frm 00126 Fmt 4700 Sfmt 4700 Reporting and recordkeeping requirements. Dated: August 26, 2005. James W. Balsiger, Acting Deputy, Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: I PART 660—FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC l. The authority citation for part 660 continues to read as follows: I Authority: 16 U.S.C. 1801 et seq. 2. In § 660.373, paragraph (c)(3) is added to read as follows: I § 660.373 Pacific whiting (whiting) fishery management. * * * * * (c) * * * (3) Ocean Salmon Conservation Zone. All waters shoreward of a boundary line approximating the 100- fm (183- m) depth contour. Latitude and longitude coordinates defining the boundary line approximating the 100–fm (183–m) depth contour are provided at § 660.393(a). This closure supplements the closures provided in this section at paragraphs (c)(1) and (c)(2). * * * * * [FR Doc. 05–17342 Filed 8–26–05; 2:26 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. 082505A] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea Subarea National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: SUMMARY: NMFS is reallocating projected unused amounts of Bering Sea subarea (BS) pollock from the incidental catch allowance to the directed fisheries. This action is necessary to allow the 2005 total allowable catch (TAC) of pollock to be harvested. DATES: Effective August 26, 2005, until 2400 hrs, A.l.t., December 31, 2005. E:\FR\FM\31AUR1.SGM 31AUR1 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 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 pollock incidental catch allowance in the BS was established as 44,577 metric tons by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005), in accordance with § 679.20(a)(5)(i)(A)(1) and the American Fisheries Act (AFA) (Public Law 105– 277, Division C, Title II). SUPPLEMENTARY INFORMATION: VerDate Aug<18>2005 16:14 Aug 30, 2005 Jkt 205001 As of August 22, 2005, the Administrator, Alaska Region, NMFS, has determined that approximately 11,525 metric tons (mt) of pollock remain in the incidental catch allowance. Based on projected harvest rates of other groundfish species and the expected incidental catch of pollock in those fisheries, the Regional Administrator has determined that 7,000 mt of pollock specified in the incidental catch allowance will not be necessary as incidental catch. Therefore, NMFS is apportioning the projected unused amount, 7,000 mt, of pollock from the incidental catch allowance to the directed fishing allowances established pursuant to § 679.20(a)(5)(i)(A). Pursuant to the pollock allocation requirements set forth in § 679.20(a)(5)(i), this transfer will increase the allocation to catcher vessels harvesting pollock for processing by the inshore component by 3,500 mt, to catcher/processors and catcher vessels PO 00000 Frm 00127 Fmt 4700 Sfmt 4700 51685 harvesting pollock for processing by catcher/processors in the offshore component by 2,800 mt and to catcher vessels harvesting pollock for processing by motherships in the offshore component by 700 mt. Pursuant to § 679.20(a)(5)(i)(A)(4), no less than 8.5 percent of the 2,800 mt allocated to catcher/processors in the offshore component, 238 mt, will be available for harvest only by eligible catcher vessels delivering to listed catcher/processors. Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), an additional 14 mt or 0.5 percent of the catcher/processor sector allocation of pollock will be available to unlisted AFA catcher/processors. Pursuant to § 679.20(a)(5)(I) (A), Tables 3 and 10 are revised for the 2005 B season consistent with this reallocation. Footnote 1 continues to state the allocations under regulations at § 679.20(a)(5). BILLING CODE 3510–22–S E:\FR\FM\31AUR1.SGM 31AUR1 VerDate Aug<18>2005 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 16:14 Aug 30, 2005 Jkt 205001 PO 00000 Frm 00128 Fmt 4700 Sfmt 4725 E:\FR\FM\31AUR1.SGM 31AUR1 ER31AU05.001</GPH> 51686 VerDate Aug<18>2005 16:14 Aug 30, 2005 Jkt 205001 PO 00000 Frm 00129 Fmt 4700 Sfmt 4725 E:\FR\FM\31AUR1.SGM 31AUR1 51687 ER31AU05.002</GPH> Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations BILLING CODE 3510–22–C 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 VerDate Aug<18>2005 16:14 Aug 30, 2005 Jkt 205001 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 reallocation of projected unused amounts of BS pollock from the incidental catch allowance to the directed fisheries. 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. PO 00000 Frm 00130 Fmt 4700 Sfmt 4700 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 taken under 50 CFR 679.20, and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 26, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries , National Marine Fisheries Service. [FR Doc. 05–17341 Filed 8–26–05; 2:26 pm] BILLING CODE 3510–22–S E:\FR\FM\31AUR1.SGM 31AUR1 ER31AU05.003</GPH> 51688

Agencies

[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Rules and Regulations]
[Pages 51684-51688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17341]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 082505A]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pollock in the Bering Sea Subarea

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

ACTION:  Temporary rule; reallocation.

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SUMMARY:  NMFS is reallocating projected unused amounts of Bering Sea 
subarea (BS) pollock from the incidental catch allowance to the 
directed fisheries. This action is necessary to allow the 2005 total 
allowable catch (TAC) of pollock to be harvested.

DATES:  Effective August 26, 2005, until 2400 hrs, A.l.t., December 31, 
2005.

[[Page 51685]]


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 pollock incidental catch allowance in the BS was 
established as 44,577 metric tons by the 2005 and 2006 final harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005), in accordance with Sec.  679.20(a)(5)(i)(A)(1) and the American 
Fisheries Act (AFA) (Public Law 105-277, Division C, Title II).
    As of August 22, 2005, the Administrator, Alaska Region, NMFS, has 
determined that approximately 11,525 metric tons (mt) of pollock remain 
in the incidental catch allowance. Based on projected harvest rates of 
other groundfish species and the expected incidental catch of pollock 
in those fisheries, the Regional Administrator has determined that 
7,000 mt of pollock specified in the incidental catch allowance will 
not be necessary as incidental catch. Therefore, NMFS is apportioning 
the projected unused amount, 7,000 mt, of pollock from the incidental 
catch allowance to the directed fishing allowances established pursuant 
to Sec.  679.20(a)(5)(i)(A). Pursuant to the pollock allocation 
requirements set forth in Sec.  679.20(a)(5)(i), this transfer will 
increase the allocation to catcher vessels harvesting pollock for 
processing by the inshore component by 3,500 mt, to catcher/processors 
and catcher vessels harvesting pollock for processing by catcher/
processors in the offshore component by 2,800 mt and to catcher vessels 
harvesting pollock for processing by motherships in the offshore 
component by 700 mt. Pursuant to Sec.  679.20(a)(5)(i)(A)(4), no less 
than 8.5 percent of the 2,800 mt allocated to catcher/processors in the 
offshore component, 238 mt, will be available for harvest only by 
eligible catcher vessels delivering to listed catcher/processors. 
Pursuant to Sec.  679.20(a)(5)(i)(A)(4)(iii), an additional 14 mt or 
0.5 percent of the catcher/processor sector allocation of pollock will 
be available to unlisted AFA catcher/processors.
    Pursuant to Sec.  679.20(a)(5)(I) (A), Tables 3 and 10 are revised 
for the 2005 B season consistent with this reallocation. Footnote 1 
continues to state the allocations under regulations at Sec.  
679.20(a)(5).
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[GRAPHIC] [TIFF OMITTED] TR31AU05.003

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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 reallocation of projected unused 
amounts of BS pollock from the incidental catch allowance to the 
directed fisheries. 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 taken under 50 CFR 679.20, and is exempt from review 
under Executive Order 12866.

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

    Dated: August 26, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries , National Marine 
Fisheries Service.
[FR Doc. 05-17341 Filed 8-26-05; 2:26 pm]
BILLING CODE 3510-22-S