[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Rules and Regulations]
[Page 75147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32074]



[[Page 75147]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031126295 3295 01; I.D. 121703A]


Fisheries of the Exclusive Economic Zone off Alaska; Shortraker/
Rougheye and Northern Rockfish in the Bering Sea Subarea and ``Other 
Species'' in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for Community Development 
Quota (CDQ) reserve amounts of shortraker/rougheye rockfish and 
northern rockfish in the Bering Sea subarea and ``other species'' in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the 2004 interim CDQ reserve amounts 
of shortraker/rougheye rockfish, northern rockfish, and ``other 
species'' in these areas.

DATES: Effective 0001 hrs, Alaska local time (A.l.t.), January 1, 2004, 
until superseded by the notice of Final 2004 Harvest Specifications of 
Groundfish for the BSAI, which will be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands 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 2004 interim CDQ reserve amounts of shortraker/rougheye 
rockfish and northern rockfish in the Bering Sea subarea and ``other 
species'' in the BSAI are 3 metric tons (mt), 2 mt, and 606 mt 
respectively, as established by the Interim 2004 Harvest Specifications 
of Groundfish in the BSAI (68 FR 68265, December 8, 2003).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2004 
interim CDQ reserve amounts of shortraker/rougheye rockfish and 
northern rockfish in the Bering Sea subarea and ``other species'' in 
the BSAI will be necessary as incidental catch to support other 
anticipated groundfish CDQ fisheries for the 2004 fishing year. 
Consequently, the Regional Administrator is establishing directed 
fishing allowances of zero mt. Therefore, in accordance with Sec.  
679.20(d)(1)(iii), NMFS is prohibiting directed fishing for CDQ reserve 
amounts of shortraker/rougheye rockfish and northern rockfish in the 
Bering Sea subarea and ``other species'' in the BSAI.
    Maximum retainable amounts may be found in the regulations at Sec.  
679.20(e) and (f).

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 requirement is contrary to the 
public interest. This requirement is impracticable and contrary to the 
public interest as it would prevent the Agency from responding to the 
most recent fisheries data in a timely fashion and would delay the 
closure of the interim CDQ reserve amounts of shortraker/rougheye 
rockfish and northern rockfish in the Bering Sea subarea and ``other 
species'' in the BSAI.
    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 section 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: December 22, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries,National Marine 
Fisheries Service.
[FR Doc. 03-32074 Filed 12-29-03; 8:45 am]
BILLING CODE 3510-22-S