[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Rules and Regulations]
[Page 20833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8765]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 041404B]


Fisheries of the Exclusive Economic Zone Off Alaska; Species in 
the Rock Sole/Flathead Sole/``Other flatfish'' Fishery Category by 
Vessels Using Trawl Gear in 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 closing directed fishing for species in the rock sole/
flathead sole/``other flatfish'' fishery category by vessels using 
trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the second 
seasonal apportionment of the 2004 halibut bycatch allowance specified 
for the trawl rock sole/flathead sole/``other flatfish'' fishery 
category in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 16, 2004, 
through 1200 hrs, A.l.t., July 4, 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 CFR part 679.
    The 2004 halibut bycatch allowance was specified for the trawl rock 
sole/flathead sole/``other flatfish'' fishery category in the BSAI by 
the 2004 final harvest specifications for groundfish of the BSAI (69 FR 
9242, February 27, 2004), as 164 metric tons for the period of 1200 
hrs, A.l.t., April 1, 2004 through 1200 hrs, A.l.t., July 4, 2004.
    In accordance with Sec.  679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS, has determined that the amount of the second seasonal 
apportionment of the 2004 halibut bycatch allowance specified for the 
trawl rock sole/flathead sole/``other flatfish'' fishery category in 
the BSAI has been caught. Consequently, NMFS is closing directed 
fishing for species in the rock sole/flathead sole/``other flatfish'' 
fishery category by vessels using trawl 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 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 directed fishing for species in the rock 
sole/flathead sole/``other flatfish`` fishery category by 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 14, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-8765 Filed 4-14-04; 4:26 pm]
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