[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Rules and Regulations]
[Pages 6199-6200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2871]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 020204C]


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 
Managed Under the Individual Fishing Quota Program

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

ACTION: Notice of fishing season dates.

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

SUMMARY: NMFS is opening directed fishing for sablefish with fixed gear 
managed under the Individual Fishing Quota (IFQ) program. The season 
will open 1200 hrs, Alaska local time (A.l.t.), February 29, 2004, and 
will close 1200 hrs, A.l.t., November 15, 2004. This period is the same 
as the 2004 IFQ and Community Development Quota season for Pacific 
halibut adopted by the International Pacific Halibut Commission (IPHC). 
The IFQ halibut season is specified by a separate publication in the 
Federal Register of annual management measures pursuant to 50 CFR 
300.62.

DATES: Effective 1200 hrs, A.l.t., February 29, 2004, until 1200 hrs, 
A.l.t., November 15, 2004.

FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907-586-7228.

SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific 
halibut (Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) 
with fixed gear in the IFQ regulatory areas defined in Sec. 679.2 has 
been managed under the IFQ Program. The IFQ Program is a regulatory 
regime designed to promote the conservation and management of these 
fisheries and to further the objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act and the Northern Pacific Halibut Act. 
Persons holding quota share receive an annual allocation of IFQ. 
Persons receiving an annual allocation of IFQ are authorized to harvest 
IFQ species within specified limitations. Further information on the 
implementation of the IFQ Program, and the rationale supporting it, are 
contained in the preamble to the final rule implementing the IFQ 
Program published in the Federal Register, November 9, 1993 (58 FR 
59375) and subsequent amendments.
    This announcement is consistent with Sec. 679.23(g)(1), which 
requires that the directed fishing season for sablefish

[[Page 6200]]

managed under the IFQ program be specified by the Administrator, Alaska 
Region, and announced by publication in the Federal Register. This 
method of season announcement was selected to facilitate coordination 
between the sablefish season, chosen by the Administrator, Alaska 
Region, and the halibut season, chosen by the IPHC. The directed 
fishing season for sablefish with fixed gear managed under the IFQ 
program will open 1200 hrs, A.l.t., February 29, 2004, and will close 
1200 hrs, A.l.t., November 15, 2004. This period runs concurrently with 
the IFQ season for Pacific halibut announced by the IPHC. The IFQ 
halibut season will be specified by a separate publication in the 
Federal Register of annual management measures pursuant to 50 CFR 
300.62.

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 opening of the sablefish fishery thereby increasing 
bycatch and regulatory discards between the sablefish fishery and the 
halibut fishery, and preventing the accomplishment of the management 
objective for simultaneous opening of these two fisheries.
    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. 679.23(g)(1) and is exempt from 
review under Executive Order 12866.

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

    Dated: February 4, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-2871 Filed 2-9-04; 8:45 am]
BILLING CODE 3510-22-S