[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Rules and Regulations]
[Page 5934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2715]



[[Page 5934]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031126297-3297-01; I.D. 020204B]


Fisheries of the Exclusive Economic Zone off Alaska; Pollock in 
Statistical Area 630 of the Gulf of Alaska

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

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS issues an inseason adjustment opening directed fishing 
for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 12 
hours effective 1200 hrs, Alaska local time (A.l.t.), February 4, 2004, 
until 2400 hrs, A.l.t., February 4, 2004. This adjustment is necessary 
to allow the fishing industry opportunity to harvest the 2004 interim 
total allowable catch (TAC) of pollock specified for Statistical Area 
630 of the GOA.

DATES: Effective 1200 hrs, A.l.t., February 4, 2004, until 2400 hrs, 
A.l.t., February 4, 2004. Comments must be received no later than 4:30 
p.m., A.l.t., February 24, 2004.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall. Comments also 
may be sent via facsimile (fax) to 907 586 7557 or email to 
[email protected]. Courier or hand delivery of comments may be 
made to NMFS in the Federal Building, Room 453, Juneau, AK 99801.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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.
    NMFS issued a prohibition to directed fishing for pollock effective 
January 21, 2004, for Statistical Area 630, in accordance with Sec. 
679.20(d)(1)(iii), (see 69 FR 2850, January 21, 2004).
    As of January 29, 2004, 1,463 metric tons (mt) of pollock remain in 
the 2004 interim TAC of pollock specified for Statistical Area 630 of 
the GOA. Regulations at Sec. 679.23(b) specify that the time of all 
openings and closures of fishing seasons other than the beginning and 
end of the calendar fishing year is 1200 hrs, A.l.t. Current 
information shows the catching capacity of vessels catching pollock for 
processing by the inshore component in Statistical Area 630 of the GOA 
is about 2,500 mt per day. The Administrator, Alaska Region, NMFS, has 
determined that the 2004 interim TAC of pollock could be exceeded if a 
24-hour fishery were allowed to occur. NMFS intends that the seasonal 
allowance not be exceeded and, therefore, will not allow a 24-hour 
directed fishery. NMFS, in accordance with Sec. 679.25(a)(1)(i)and Sec. 
679.25(a)(2)(i)(A)(C), is adjusting directed fishery for pollock in 
Statistical Area 630 of the GOA by opening the fishery at 1200 hrs, 
A.l.t., February 4, 2004, and closing the fishery at 2400 hrs, A.l.t., 
February 4, 2004, at which time directed fishing for pollock will be 
prohibited. This action has the effect of opening the fishery for 12 
hours.
    NMFS is taking this action to allow a controlled fishery to occur, 
thereby preventing the overharvest of the 2004 interim TAC of pollock 
designated in accordance with the interim 2004 harvest specifications 
for groundfish in the GOA (68 FR 67964, December 5, 2004) and Sec. 
679.20(a)(5)(iii). In accordance with Sec. 679.25(a)(2)(iii), NMFS has 
determined that prohibiting directed fishing at 2400 hrs, A.l.t., 
February 4, 2004, after a 12 hour opening is the least restrictive 
management adjustment to achieve the 2004 interim TAC of pollock in 
Statistical Area 630 of the GOA. Pursuant to Sec. 679.25(b)(2), NMFS 
has considered data regarding catch per unit of effort and rate of 
harvest in making this adjustment.

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, 
thus, prevent the full utilization of the 2004 interim TAC of pollock 
in statistical area 630 of the GOA.
    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.
    Without this inseason adjustment, NMFS could not allow the 2004 
interim TAC of pollock in Statistical Area 630 of the GOA to be 
harvested in an expedient manner. Under Sec. 679.25(c)(2), interested 
persons are invited to submit written comments on this action to the 
above address until February 19, 2004.
    This action is required by Sec.Sec. 679.20 and 679.25 and is exempt 
from review under Executive Order 12866.

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

Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-2715 Filed 2-4-04; 2:43 pm]
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