[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Pages 13496-13497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6475]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 031704C]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels 60 Feet (18.3 m) Length Overall and Longer Using 
Hook-and-line Gear in the Bering Sea and Aleutian Islands

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 vessels 60 feet (18.3 m) length overall (LOA) and longer using 
hook-and-line gear in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the A season 
allocation of 2004 total allowable catch (TAC) of Pacific cod allocated 
for catcher vessels 60 feet (18.3 m) LOA and longer using hook-and-line 
gear in this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 18, 2004, 
until 1200 hrs, A.l.t., August 15, 2004.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, (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 specification for groundfish of the BSAI (69 
FR 9242, February 27, 2004), allocated a directed fishing allowance for 
Pacific cod of 182 metric tons to catcher vessels 60 feet (18.3 m) LOA 
and longer using hook-and-line gear in the BSAI for the period 1200 
hrs, A.l.t., January 1, 2004, through 1200 hrs, A.l.t., June 10, 2004. 
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 (Regional Administrator), has determined that the A 
season allocation of the 2004 Pacific cod TAC allocated as a directed 
fishing allowance to catcher vessels 60 feet (18.3 m) LOA and longer 
using hook-and-line gear in the BSAI will soon be reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels 60 feet (18.3 m) LOA and longer using hook-and-line 
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 vessels 60 feet (18.3 m) LOA and longer using 
hook-and-line 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.

[[Page 13497]]

    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 17, 2004.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-6475 Filed 3-18-04; 3:08 pm]
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