Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish in the Bering Sea and Aleutian Islands Management Area, 77067-77068 [05-24607]

Download as PDF Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations List of Subjects in 50 CFR Part 648 DEPARTMENT OF COMMERCE Fisheries, Fishing, Reporting and recordkeeping requirements. National Oceanic and Atmospheric Administration Dated: December 22, 2005. James W. Balsiger, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 122305A] For the reasons stated in the preamble, 50 CFR part 648 is amended as follows: Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish in the Bering Sea and Aleutian Islands Management Area PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES AGENCY: I National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; apportionment of reserves; request for comments. 1. The authority citation for part 648 continues to read as follows: I Authority: 16 U.S.C. 1801 et seq. 2. In § 648.2, add a second sentence to the definition of ‘‘Total Length’’ to read as follows: I § 648.2 Definitions. * * * * * Total Length (TL) * * * For black sea bass, Total Length (TL) means the straight-line distance from the tip of the snout to the end of the tail (caudal fin), excluding any caudal filament, while the fish is lying on its side. * * * * * I 3. In § 648.144, revise paragraph (b)(2) to read as follows: § 648.144 Gear restrictions. * * * * * (b) * * * (2) All black sea bass traps or pots must have two escape vents placed in lower corners of the parlor portion of the pot or trap that each comply with one of the following minimum size requirements: 1.375 inches by 5.75 inches (3.49 cm by 14.61 cm); a circular vent of 2.5 inches (6.4 cm) in diameter; or a square vent with sides of 2 inches (5.1 cm), inside measure; however, black sea bass traps constructed of wooden laths may have instead escape vents constructed by leaving spaces of at least 1.375 inches (3.49 cm) between two sets of laths in the parlor portion of the trap. These dimensions for escape vents and lath spacing may be adjusted pursuant to the procedures in § 648.140. * * * * * sroberts on PROD1PC70 with RULES [FR Doc. 05–24583 Filed 12–23–05; 11:56 am] BILLING CODE 3510–22–P VerDate Aug<31>2005 19:06 Dec 28, 2005 Jkt 208001 SUMMARY: NMFS apportions amounts of the non-specified reserve of groundfish to certain target species in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to account for previous harvest of the total allowable catch (TAC). It is intended to promote the goals and objectives of the fishery management plan for groundfish of the BSAI. DATES: Effective December 29, 2005, through 2400 hrs, Alaska local time, December 31, 2005. Comments must be received no later than 1630, Alaska local time, January 12, 2006. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by: • 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 bsairel05b@noaa.gov and include in the subject line of the e-mail comment the document identifier: bsairel05b; 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 77067 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 Administrator, Alaska Region, NMFS, has determined that the 2005 initial TACs established in the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005) for arrowtooth flounder, yellowfin sole, ‘‘other flatfish’’, squid and rock sole in the BSAI need to be supplemented from the non-specified reserve in order to account for prior harvest. Therefore, in accordance with § 679.20(b)(3), NMFS apportions amounts from the non-specified reserve to the TACs for the following species or species groups in the BSAI: 429 mt to arrowtooth flounder, 401 mt to yellowfin sole, 193 mt to ‘‘other flatfish’’, 100 mt to squid and 227 to rock sole. This apportionment is consistent with § 679.20(b)(1)(ii) and does not result in overfishing of a target species because the revised initial TAC is equal to or less than the specification of the acceptable biological catch (70 FR 8979, February 24, 2005). 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. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of December 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. Under § 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES) until January 12, 2006. E:\FR\FM\29DER1.SGM 29DER1 77068 Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations 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: December 23, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–24607 Filed 12–28–05; 8:45 am] sroberts on PROD1PC70 with RULES BILLING CODE 3510–22–S VerDate Aug<31>2005 19:06 Dec 28, 2005 Jkt 208001 PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Rules and Regulations]
[Pages 77067-77068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24607]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 122305A]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
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 certain target species in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to account for 
previous harvest of the total allowable catch (TAC). It is intended to 
promote the goals and objectives of the fishery management plan for 
groundfish of the BSAI.

DATES: Effective December 29, 2005, through 2400 hrs, Alaska local 
time, December 31, 2005. Comments must be received no later than 1630, 
Alaska local time, January 12, 2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     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 bsairel05b@noaa.gov and include in the subject 
line of the e-mail comment the document identifier: bsairel05b; 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 Administrator, Alaska Region, NMFS, has determined that the 
2005 initial TACs established in the 2005 and 2006 final harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005) for arrowtooth flounder, yellowfin sole, ``other flatfish'', 
squid and rock sole in the BSAI need to be supplemented from the non-
specified reserve in order to account for prior harvest.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
amounts from the non-specified reserve to the TACs for the following 
species or species groups in the BSAI: 429 mt to arrowtooth flounder, 
401 mt to yellowfin sole, 193 mt to ``other flatfish'', 100 mt to squid 
and 227 to rock sole. This apportionment is consistent with Sec.  
679.20(b)(1)(ii) and does not result in overfishing of a target species 
because the revised initial TAC is equal to or less than the 
specification of the acceptable biological catch (70 FR 8979, February 
24, 2005).

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 Sec.  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. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of December 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until January 
12, 2006.

[[Page 77068]]

    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: December 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-24607 Filed 12-28-05; 8:45 am]
BILLING CODE 3510-22-S