[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Rules and Regulations]
[Pages 15734-15735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6853]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 032204H]


Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod 
by Catcher 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 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 vessels using trawl gear in this 
area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 23, 2004, 
until 1200 hrs, A.l.t., April 1, 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 Pacific cod TAC specified in the 2004 final harvest 
specification for groundfish of the BSAI (69 FR 9242, February 27, 
2004) allocated 32,791 metric tons to catcher 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. See Sec.  679.20(c)(3)(iii), Sec.  
679.20(c)(5), and Sec.  679.20(a)(7)(i)(A) and (B).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS, has determined that the A season allocation of the 2004 
Pacific cod TAC specified for catcher vessels using trawl gear in the 
BSAI will soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 32,391 mt, and is setting 
aside the remaining 400 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 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 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.


[[Page 15735]]


    Dated: March 23, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-6853 Filed 3-23-04; 2:34 pm]
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