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