[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Rules and Regulations]
[Pages 12569-12570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6030]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 031204B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher/Processor Vessels Using Trawl Gear 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 Pacific cod by 
catcher/processor vessels using trawl gear in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the A season allocation of the 2004 total allowable 
catch (TAC) of Pacific cod specified for catcher/processor vessels 
using trawl gear in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 14, 2004, 
until 1200 hrs, A.l.t., April 1, 2004.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 final harvest specifications for groundfish of the BSAI 
(69 FR 9242, February 27, 2004), established the Pacific cod TAC 
allocated to catcher/processor vessels using trawl gear in the BSAI for 
the period 1200 hrs, A.l.t., January 1, 2004, through 1200 hrs, A.l.t., 
April 1, 2004 as 23,422 metric tons (mt). See Sec.  679.20(c)(3)(iii), 
Sec.  679.20(c)(5), and Sec.  679.20(a)(7)(i)(A) and (C).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the A season allocation of the 
2004 Pacific cod TAC specified for catcher/processor vessels using 
trawl gear in the BSAI will soon be reached. Therefore, the Regional 
Administrator is establishing a directed

[[Page 12570]]

fishing allowance of 22,922 mt, and is setting aside the remaining 500 
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 be reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
catcher/processor vessels using trawl gear in the BSAI.

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 the A season allocation of Pacific cod 
specified for catcher/processor vessels using trawl gear 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 12, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service
[FR Doc. 04-6030 Filed 3-12-04; 3:00 pm]
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