Rule: Fishery Conservation and Management: Alaska Fisheries of Exclusisve Economic Zone&#8212 Pacific Cod

9880 Federal Register / Vol. 70, No.
39 / Tuesday, March 1, 2005 / Rules and Regulations
Magnuson-Stevens Fishery area off Collier and Monroe Counties. DEPARTMENT OF COMMERCE
Conservation and Management Act From April 1 through October 31, the
(Magnuson-Stevens Act) by regulations southern subzone is the part of the National Oceanic and Atmospheric
at 50 CFR part 622. Florida west coast subzone that is Administration
Based on the Councils’ recommended between 26°19.8′ N. lat. and 25°48′ N.
total allowable catch and the allocation lat. (a line directly west from the 50 CFR Part 679
ratios in the FMP, on April 30, 2001 (66 Monroe/Collier County, FL, boundary), [Docket No. 041126332–5039–02; I.D.
FR 17368, March 30, 2001), NMFS i.e., the area off Collier County. 022305E]
implemented a commercial quota of
2.25 million lb (1.02 million kg) for the Classification Fisheries of the Exclusive Economic
eastern zone (Florida) of the Gulf Zone Off Alaska; Pacific Cod by
migratory group of king mackerel. That This action responds to the best
Catcher/Processor Vessels Using
quota is further divided into separate available information recently obtained Hook-and-Line Gear in the Bering Sea
quotas for the Florida east coast subzone from the fishery. The Assistant and Aleutian Islands Management Area
and the northern and southern Florida Administrator for Fisheries, NOAA,
west coast subzones. On April 27, 2000, (AA), finds good cause to waive the AGENCY: National Marine Fisheries
NMFS implemented the final rule (65 requirement to provide prior notice and Service (NMFS), National Oceanic and
FR 16336, March 28, 2000) that divided opportunity for public comment Atmospheric Administration (NOAA),
the Florida west coast subzone of the pursuant to the authority set forth at 5 Commerce.
eastern zone into northern and southern U.S.C. 553(b)(B), as such prior notice ACTION: Closure.
subzones and established their separate and opportunity for public comment is
quotas. The quota implemented for the SUMMARY: NMFS is prohibiting directed
unnecessary and contrary to the public
southern Florida west coast subzone is interest. Such procedures would be fishing for Pacific cod by catcher/
1,040,625 lb (472,020 kg). That quota is processor vessels using hook-and-line
unnecessary because the rule itself has
further divided into two equal quotas of gear in the Bering Sea and Aleutian
already been subject to notice and
520,312 lb (236,010 kg) for vessels in Islands management area (BSAI). This
comment, and all that remains is to
each of two groups fishing with hook- action is necessary to prevent exceeding
notify the public of the trip limit the 2005 A season allowance of the
and-line gear and run-around gillnets
(50 CFR 622.42(c)(1)(i)(A)(2)(i)). reduction. Allowing prior notice and Pacific cod total allowable catch (TAC)
In accordance with 50 CFR opportunity for public comment is of Pacific cod specified for catcher/
622.44(a)(2)(ii)(B)(2), from the date that contrary to the public interest because processor vessels using hook-and-line
75 percent of the southern Florida west of the need to immediately implement gear in the BSAI.
coast subzone’s quota has been this action in order to protect the fishery DATES: Effective February 24, 2005,
harvested until a closure of the because the capacity of the fishing fleet through 12 noon, Alaska local time,
subzone’s fishery has been effected or allows for rapid harvest of the quota. June 10, 2005.
the fishing year ends, king mackerel in Prior notice and opportunity for public
FOR FURTHER INFORMATION CONTACT:
or from the EEZ may be possessed on comment will require time and would
Mary Furuness, 907–586–7228.
board or landed from a permitted vessel potentially result in a harvest well in
in amounts not exceeding 500 lb (227 SUPPLEMENTARY INFORMATION: NMFS
excess of the established quota.
kg) per day. manages the groundfish fishery in the
For the aforementioned reasons, the BSAI according to the Fishery
NMFS has determined that 75 percent
of the quota for Gulf group king AA also finds good cause to waive the Management Plan for Groundfish of the
mackerel for vessels using hook-and- 30-day delay in the effectiveness of this Bering Sea and Aleutian Islands
line gear in the southern Florida west action under 5 U.S.C. 553(d)(3). Management Area (FMP) prepared by
coast subzone was reached on February This action is taken under 50 CFR the North Pacific Fishery Management
24, 2005. Accordingly, a 500–lb (227– 622.43(a) and is exempt from review Council under authority of the
kg) trip limit applies to vessels in the under Executive Order 12866. Magnuson-Stevens Fishery
commercial hook-and-line fishery for Conservation and Management Act.
Authority: 16 U.S.C. 1801 et seq. Regulations governing fishing by U.S.
king mackerel in or from the EEZ in the
southern Florida west coast subzone Dated: February 23, 2005. vessels in accordance with the FMP
effective 12:01 a.m., local time, February Alan D. Risenhoover, appear at subpart H of 50 CFR part 600
25, 2005. The 500–lb (227–kg) trip limit Acting Director, Office of Sustainable and 50 CFR part 679.
will remain in effect until the fishery Fisheries, National Marine Fisheries Service. The 2005 A season directed fishing
closes or until the end of the current [FR Doc. 05–3941 Filed 2–24–05; 2:33 pm]
allowance of Pacific cod specified for
fishing year (June 30, 2005), whichever catcher/processor vessels using hook-
BILLING CODE 3510–22–S
occurs first. and-line gear in the BSAI is established
The Florida west coast subzone is that as 46,407 metric tons by the 2005 and
part of the eastern zone south and west 2006 final harvest specifications for
of 25°20.4′ N. lat. (a line directly east groundfish in the BSAI (70 FR 8979,
from the Miami-Dade County, FL, February 24, 2005). See
boundary). The Florida west coast § 679.20(c)(1)(iii), § 679.20(c)(5), and
subzone is further divided into northern § 679.20(a)(7)(i)(A) and (a)(7)(i)(C)(1)(i).
and southern subzones. The southern In accordance with § 679.20(d)(1)(iii),
subzone is that part of the Florida west the Administrator, Alaska Region,
coast subzone that from November 1 NMFS, has determined that the 2005 A
through March 31, extends south and season directed fishing allowance of
west from 25°20.4′ N. lat. to 26°19.8′ N. Pacific cod specified for catcher/
lat.(a line directly west from the Lee/ processor vessels using hook-and-line
Collier County, FL, boundary), i.e., the gear in the BSAI has been reached.
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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Rules and Regulations 9881
Consequently, NMFS is prohibiting SUMMARY: NMFS is prohibiting directed have been reached and the remaining
directed fishing for Pacific cod by fishing for Pacific cod by specified amounts of the A season TAC
catcher/processor vessels using hook- sectors in the Western and Central allowances are necessary as bycatch to
and-line gear in the BSAI. Regulatory Areas of the Gulf of Alaska support other anticipated groundfish
After the effective date of this closure (GOA). This action is necessary to fisheries until the next seasonal
the maximum retainable amounts at prevent exceeding the 2005 A season apportionments of Pacific cod become
§ 679.20(e) and (f) apply at any time allowances of the Pacific code total available September 1, 2005.
during a trip. allowable catch (TAC) specified for Consequently, NMFS is prohibiting
Classification Pacific cod in the GOA. directed fishing for these fisheries.
DATES: Effective February 24, 2005, After the effective date of this closure
This action responds to the best through 12 noon, Alaska local time, the maximum retainable amounts at
available information recently obtained September 1, 2005. § 679.20(e) and (f) apply at any time
from the fishery. The Assistant during a trip.
FOR FURTHER INFORMATION CONTACT: Josh
Administrator for Fisheries, NOAA,
Keaton, 907–586–7228. Classification
(AA), finds good cause to waive the
requirement to provide prior notice and SUPPLEMENTARY INFORMATION: NMFS
This action responds to the best
opportunity for public comment manages the groundfish fishery in the
available information recently obtained
pursuant to the authority set forth at 5 GOA exclusive economic zone
from the fishery. The Assistant
U.S.C. 553(b)(B) as such requirement is according to the Fishery Management
Administrator for Fisheries, NOAA
impracticable and contrary to the public Plan for Groundfish of the Gulf of
(AA), finds good cause to waive the
interest. This requirement is Alaska (FMP) prepared by the North
requirement to provide prior notice and
impracticable and contrary to the public Pacific Fishery Management Council
opportunity for public comment
interest as it would prevent NMFS from under authority of the Magnuson-
pursuant to the authority set forth at 5
responding to the most recent fisheries Stevens Fishery Conservation and
U.S.C. 553(b)(B) as such requirement is
data in a timely fashion and would Management Act. Regulations governing
impracticable and contrary to the public
delay the closure of the fisheries under fishing by U.S. vessels in accordance
interest. This requirement is
the 2005 A season directed fishing with the FMP appear at subpart H of 50
impracticable and contrary to the public
allowance of Pacific cod specified for CFR part 600 and 50 CFR part 679.
interest as it would prevent NMFS from
catcher/processor vessels using hook- In accordance with § 679.20(d)(1)(i),
responding to the most recent fisheries
and-line gear in the BSAI. the Administrator, Alaska Region,
data in a timely fashion and would
The AA also finds good cause to NMFS (Regional Administrator), has
delay the closures of the directed
waive the 30-day delay in the effective determined that if the amount of a target
fisheries for Pacific cod for specified
date of this action under 5 U.S.C. species apportioned to a fishery or, with
sectors in the Western and Central
553(d)(3). This finding is based upon respect to Pacific cod, to an inshore or
Regulatory Areas of the GOA.
the reasons provided above for waiver of offshore component allocation, will be
The AA also finds good cause to
prior notice and opportunity for public reached, the Regional Administrator
waive the 30 day delay in the effective
comment. may establish a directed fishing
date of this action under 5 U.S.C.
This action is required by § 679.20 allowance for that species or species
553(d)(3). This finding is based upon
and is exempt from review under group.
As established by the 2005 and 2006 the reasons provided above for waiver of
Executive Order 12866. prior notice and opportunity for public
final harvest specifications for
Authority: 16 U.S.C. 1801 et seq.
groundfish of the GOA (70 FR 8958, comment.
Dated: February 23, 2005. February 24, 2005), the 2005 A season This action is required by § 679.20
Alan D. Risenhoover allowance of the Pacific cod TAC for and is exempt from review under
Acting Director, Office of Sustainable vessels catching Pacific cod for Executive Order 12866.
Fisheries, National Marine Fisheries Service. processing by the inshore component in Authority: 16 U.S.C. 1801 et seq.
[FR Doc. 05–3933 Filed 2–24–05; 2:33 pm] the Western Regulatory Area of the GOA Dated: February 23, 2005.
BILLING CODE 3510–22–S is 8,471 metric tons (mt); for processing Alan D. Risenhoover
by the offshore component in the Acting Director, Office of Sustainable
Western Regulatory Area of the GOA is Fisheries, National Marine Fisheries Service.
DEPARTMENT OF COMMERCE 941 mt; and for processing by the [FR Doc. 05–3934 Filed 2–24–05; 2:33 pm]
offshore component of the Central
National Oceanic and Atmospheric Regulatory Area of the GOA is 1,505 mt.
BILLING CODE 3510–22–S
Administration See § 679.20(c)(1)(iii), § 679.20(c)(4)(ii),

and § 679.20(a)(11). DEPARTMENT OF COMMERCE
50 CFR Part 679 In accordance with 679.20(d)(1)(iii),
[Docket No. 041126333–5040–02; I.D. the Regional Administrator has National Oceanic and Atmospheric
022305D] determined that the A season directed Administration
fishing allowances for Pacific cod by
Fisheries of the Exclusive Economic vessels catching Pacific cod for 50 CFR Part 679
Zone Off Alaska; Prohibiting Directed processing by the inshore component in
Fishing for Specified Groundfish the Western Regulatory Area of the [I.D. 022305B]
Fisheries in the Gulf of Alaska GOA, Pacific cod by vessels catching Fisheries of the Exclusive Economic
AGENCY: National Marine Fisheries Pacific cod for processing by the Zone Off Alaska; Sablefish Managed
Service (NMFS), National Oceanic and offshore component in the Western Under the Individual Fishing Quota
Atmospheric Administration (NOAA), Regulatory Area of the GOA, and Pacific Program
Commerce. cod by vessels catching Pacific cod for
processing by the offshore component of AGENCY: National Marine Fisheries
ACTION: Closure.
the Central Regulatory Area of the GOA Service (NMFS), National Oceanic and
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9880 Federal Register / Vol. 70, No.

39 / Tuesday, March 1, 2005 / Rules and Regulations

Administration See § 679.20(c)(1)(iii), § 679.20(c)(4)(ii),

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