[Federal Register Volume 69, Number 13 (Wednesday, January 21, 2004)]
[Rules and Regulations]
[Pages 2850-2851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1217]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031126295-3295-01; I.D. 011304A]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands

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

ACTION: Closures and openings.

-----------------------------------------------------------------------

SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears

[[Page 2851]]

other than jig in the Eastern Aleutian District (Statistical Area 541) 
and the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the interim 2004 total allowable catch (TAC) of Atka mackerel in these 
areas. NMFS is also announcing the opening and closure dates of the 
first and second directed fisheries within the harvest limit area (HLA) 
in Statistical Areas 542 and 543. These actions are necessary to 
prevent exceeding the HLA limits established for the Central (area 542) 
and Western (area 543) Aleutian Districts pursuant to the interim 2004 
Atka mackerel TAC.

DATES: Prohibition of directed fishing for Atka mackerel with gears 
other than jig in the Eastern Aleutian District and the Bering Sea 
subarea is effective 1200 hrs, Alaska local time (A.l.t.), January 22, 
2004, until superseded by the notice of Final 2004 Harvest 
Specifications for Groundfish, which will be published in the Federal 
Register. The first directed fisheries in the HLA in area 542 and area 
543 are open effective 1200 hrs, A.l.t., January 24, 2004. The first 
HLA fisheries in area 542 and 543 will remain open until 1200 hrs, 
A.l.t., February 2, 2004. The second directed fisheries in the HLA in 
area 542 and area 543 are open effective 1200 hrs, A.l.t., February 4, 
2004. The second HLA fisheries in area 542 and 543 will remain open 
until 1200 hrs, A.l.t., February 13, 2004.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 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 interim Atka mackerel TAC for other gear in the Eastern 
Aleutian District and the Bering Sea subarea is 8,763 metric tons (mt) 
as established by the Interim 2004 Harvest Specifications for 
Groundfish (68 FR 68265, December 8, 2003). See 
Sec. Sec. 679.20(c)(2)(ii) and 679.20(a)(8)(ii).
    In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the interim 
other gear TAC for Atka mackerel in the Eastern Aleutian District and 
the Bering Sea subarea will be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 5,000 mt, 
and is setting aside the remaining 3,763 mt as bycatch to support other 
anticipated groundfish fisheries. In accordance with 
Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this 
directed fishing allowance soon will be reached. Consequently, NMFS is 
prohibiting directed fishing for Atka mackerel in the Eastern Aleutian 
District and the Bering Sea subarea of the BSAI.
    In accordance with Sec. 679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543, 48 hours after the closure of the 
area 541 Atka mackerel directed fishery. The Regional Administrator has 
established the opening date for the second HLA directed fisheries as 
48 hours after the last closure of the first HLA fisheries in either 
542 or 543. Consequently, NMFS is opening and closing directed fishing 
for Atka mackerel in the HLA of areas 542 and 543 in accordance with 
the periods listed under the DATES section of this notice.
    In accordance with Sec. 679.20(a)(8)(iii), vessels using trawl gear 
for directed fishing for Atka mackerel have previously registered with 
NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS has 
randomly assigned each vessel to the directed fishery or fisheries for 
which they have registered. NMFS has notified each vessel owner as to 
which fishery each vessel has been assigned by NMFS. That notification 
is published elsewhere in this issue.
    In accordance with Sec. 679.20(a)(8)(ii)(C)(1), the HLA limit of 
the interim TAC in areas 542 and 543 are 7,321 mt and 5,097 mt 
respectively. Based on those limits and the proportion of the number of 
vessels in each fishery compared to the total number of vessels 
participating in the HLA directed fishery for area 542 or 543, the 
harvest limits for each HLA directed fishery in areas 542 and 543 are 
as follows: for the first directed fishery in area 542, 3,661 mt; for 
the first directed fishery in area 543, 2,549 mt; for the second 
directed fishery in area 542, 3,660 mt; and for the second directed 
fishery in area 543, 2,548 mt. In accordance with 
Sec. 679.20(a)(8)(iii)(E), the Regional Administrator has establish the 
closure dates of the Atka mackerel directed fisheries in the HLA for 
areas 542 and 543 based on the amount of the harvest limit and the 
estimated fishing capacity of the vessels assigned to the respective 
fisheries. Consequently, NMFS is prohibiting directed fishing for Atka 
mackerel in the HLA of areas 542 and 543 in accordance with the dates 
and times listed under the DATES section of this notice.

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 impracticable and 
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 fishery under the 2004 interim TAC of 
Atka mackerel in the Eastern Aleutian District and the Bering Sea 
subarea and the opening and closures of the fisheries for the HLA 
limits established for the Central (area 542) and Western (area 543) 
Aleutian Districts pursuant to the interim 2004 Atka mackerel TAC.
    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 Sec. 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: January 14, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-1217 Filed 1-20-04; 8:45 am]
BILLING CODE 3510-22-S