[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Rules and Regulations]
[Page 16834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7228]



[[Page 16834]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 032404E]


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: Modification of a closure.

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SUMMARY: NMFS is reopening 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 utilize the 
remaining amount of the A season allocation of the 2004 Pacific cod 
total allowable catch (TAC) specified for catcher/processor vessels 
using trawl gear.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 28, 2004, 
through 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 exclusive economic zone 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. 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 directed fishery for Pacific cod by 
catcher/processor vessels using trawl gear was closed effective 1200 
hrs, A.l.t., March 14, 2004 (69 FR 12569, March 17, 2004) because it 
was determined that the A season allocation of the 2004 Pacific cod TAC 
specified for catcher/processor vessels using trawl gear had been 
caught.
    NMFS has determined that as of March 20, 2004, the remaining amount 
of the A season allocation of the 2004 Pacific cod TAC for catcher/
processor vessels using trawl gear is 2,000 metric tons. Therefore, 
NMFS is terminating the previous closure and is reopening directed 
fishing for Pacific cod by catcher/processor vessels using trawl gear 
in the BSAI effective 1200 hrs, A.l.t., March 28, 2004.

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 reopening of the fishery for the remaining A season 
allocation of Pacific cod TAC 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 26, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-7228 Filed 3-26-04; 4:25 pm]
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