[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Rules and Regulations]
[Pages 16834-16835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7229]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Central Aleutian District

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the 
Central Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the A season allowance of the 2004 total allowable catch (TAC) of Atka 
mackerel specified for the Central Aleutian District.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 26, 2004, 
until 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 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 specification for groundfish of the BSAI (69 
FR 9242, February 27, 2004), allocated an Atka mackerel A season 
allowance in the Central Aleutian District of the BSAI of 14,384 metric 
tons (mt).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the A season 
allowance of the 2004 TAC specified for Atka mackerel in the Central 
Aleutian District will be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 14,084 
mt, and is setting aside the remaining 300 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 Atka mackerel in the Central Aleutian District of 
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

[[Page 16835]]

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 the fisheries under the A season allowance of the 2004 TAC of Atka 
mackerel specified for the Central Aleutian District of 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. 04-7229 Filed 3-26-04; 4:25 pm]
BILLING CODE 3510-22-S