[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Rules and Regulations]
[Pages 11545-11546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5408]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031125292-4061-02; I.D. 030504A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Catching Pacific Cod for Processing by the Offshore 
Component in the Western Regulatory Area of the Gulf of Alaska

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

ACTION: Closure.

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

SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
vessels catching Pacific cod for processing by the offshore component 
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to prevent exceeding the A season allocation of the 2004 
total allowable catch (TAC) of Pacific cod apportioned to vessels 
catching Pacific cod for processing by the offshore component of the 
Western Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 8, 2004, 
through 1200 hrs, A.l.t., June 10, 2004.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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.
    The A season allocation of the 2004 TAC of Pacific cod apportioned 
to vessels catching Pacific cod for processing by the offshore 
component in the Western Regulatory Area is 1,017 metric tons (mt) as 
established by the 2004 final harvest specifications of groundfish for 
the GOA (69 FR 9261, February 27, 2004).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the A season 
allocation of the 2004 TAC of Pacific cod apportioned to vessels 
catching Pacific cod for processing by the offshore component of the 
Western Regulatory Area of the GOA will be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
817 mt, and is setting aside the remaining 200 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 will soon be reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by vessels catching 
Pacific cod for processing by the offshore component in the Western 
Regulatory Area of the GOA.

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 A season allocation of the 2004 TAC of 
Pacific cod apportioned to vessels catching Pacific cod for processing 
by the offshore component of the Western Regulatory Area 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.
    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.


[[Page 11546]]


    Dated: March 5, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-5408 Filed 3-5-04; 3:07 pm]
BILLING CODE 3510-22-S