[Federal Register Volume 69, Number 72 (Wednesday, April 14, 2004)]
[Rules and Regulations]
[Page 19776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8487]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 040804B]


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: Modification of a closure.

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SUMMARY: NMFS is reopening directed fishing for Pacific cod by catcher 
vessels using trawl gear in the Bering Sea and Aleutian Islands 
management area (BSAI) for 72 hours. This action is necessary to fully 
use the B season allowance of the total allowable catch (TAC) of 
Pacific cod specified for catcher vessels using trawl gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 10, 2004, 
through 1200 hrs, A.l.t., April 13, 2004.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands exclusive economic zone according to 
the Fishery Management Plan for the Bering Sea/Aleutian Islands 
Groundfish Fishery (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 vessels using trawl gear in the BSAI for the 
period 1200 hrs, A.l.t., April 1, 2004, through 1200 hrs, A.l.t., June 
10, 2004, as 4,684 metric tons (mt). 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)(iii), the directed fishery for Pacific cod by 
catcher vessels using trawl gear was closed, effective 1200 hrs, 
A.l.t., April 4, 2004 (69 FR 17982, April 6, 2004), because it was 
determined that the B season allocation of the 2004 Pacific cod TAC 
specified for catcher vessels using trawl gear had been caught.
    NMFS has determined, based on updated information as of April 6, 
2004, that the B season allocation of the 2004 Pacific cod TAC for 
catcher vessels using trawl gear has not been fully caught and that 
1,500 mt remain. Therefore, NMFS is terminating the previous closure 
and is reopening directed fishing for Pacific cod by catcher vessels 
using trawl gear in the BSAI effective 1200 hrs, A.l.t., April 10, 
2004.
    In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance will be 
reached after 72 hours. Consequently, NMFS is prohibiting directed 
fishing for Pacific cod by catcher vessels using trawl gear in the BSAI 
effective 1200 hrs, A.l.t., April 13, 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 a requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the reopening of the B season allocation of Pacific cod TAC 
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.

    Dated: April 9, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-8487 Filed 4-9-04; 2:50 pm]
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