[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Rules and Regulations]
[Page 23160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 042204A]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
by Vessels Using Non-Pelagic Trawl Gear in the Red King Crab Savings 
Subarea

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 groundfish with non-
pelagic trawl gear in the red king crab savings subarea (RKCSS) of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2004 red king crab prohibited 
species catch (PSC) limit that is specified for the RKCSS of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 23, 2004, 
until 2400 hrs, 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 CFR part 679.
    The final 2004 harvest specifications for groundfish of the BSAI 
(69 FR 9242, February 27, 2004), established the 2004 red king crab PSC 
limit that is specified for the RKCSS of the BSAI , as 42,495 animals.
    In accordance with Sec.  679.21(e)(7)(ii)(B), the Administrator, 
Alaska Region, NMFS, has determined that the amount of the 2004 red 
king crab PSC limit specified for the RKCSS will be caught. 
Consequently, NMFS is closing the RKCSS to directed fishing for 
groundfish with non-pelagic trawl 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 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 the RKCSS under the 2004 red king crab PSC 
limit that is specified for the RKCSS 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.  679.21 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 22, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-9648 Filed 4-23-04; 2:29 pm]
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