[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Rules and Regulations]
[Pages 19116-19117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8233]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 040504B]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear to catcher vessels less than 60 feet 
(18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the 2004 A season total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective April 7, 2004, until 2400 hours, Alaska local time 
(A.l.t.), December 31, 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 specifications for groundfish of the BSAI 
(69 FR 9242, February 27, 2004), established the Pacific cod TAC 
allocated to vessels using jig gear in the BSAI for the period 1200 
hrs, A.l.t., January 1, 2004, through 1200 hrs, A.l.t., April 30, 2004, 
as 1,595 metric tons (mt).
    As of April 1, 2004, the Administrator, Alaska Region, NMFS, has 
determined that jig vessels will not be able to harvest 1,545 mt of the 
A season apportionment of Pacific cod allocated to those vessels under 
Sec.  679.20(a)(7)(i)(A) and Sec.  679.20(a)(7)(iii)(A). Therefore, in 
accordance with Sec.  679.20(a)(7)(ii)(C)(1), NMFS apportions 1,545 mt 
of Pacific cod from the A season apportionment of jig gear to catcher 
vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (69 FR 9242, February 27, 
2004) are revised as follows: 50 mt to the A season apportionment for 
vessels using jig gear and 2,961 mt to catcher vessels less than 60 
feet (18.3 m) LOA using pot or hook-and-line gear.

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

[[Page 19117]]

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 
reallocation of Pacific cod specified for jig vessels to catcher 
vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear 
and therefore would cause disruption to the industry by requiring 
unnecessary closures, disruption within the fishing industry, and the 
potential for regulatory discards when the current allocation is 
projected to be reached on April 24, 2004. This reallocation will 
relieve a restriction on the industry and allow for the orderly conduct 
and efficient operation of this fishery.
    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: April 6, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-8233 Filed 4-7-04; 2:22 pm]
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