[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Rules and Regulations]
[Page 16833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 032504A]


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

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 27, 2004, 
through 1200 hrs, A.l.t., September 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 TAC of Pacific cod allocated to catcher processor vessels 
using pot gear in the BSAI was established as a directed fishing 
allowance of 2,003 metric tons by the 2004 final harvest specifications 
for groundfish in the BSAI (69 FR 9242, February 27, 2004), 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, has determined that the A season apportionment of 
the 2004 TAC of Pacific cod allocated as a directed fishing allowance 
to catcher processor vessels using pot gear in the BSAI will soon be 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by catcher processor vessels using pot 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 a 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 Pacific cod specified for catcher processor 
vessels using pot 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 25, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-7227 Filed 3-26-04; 4:25 pm]
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