[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Rules and Regulations]
[Pages 29670-29671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11799]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 051804B]


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole in 
the Bering Sea and Aleutian Islands Area

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

ACTION: Apportionment of reserve; request for comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish in the Bering Sea and Aleutian Islands management area 
(BSAI) to rock sole. This action is necessary to account for previous 
harvest of the total allowable catch (TAC). It is intended to promote 
the goals and objectives of the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP).

DATES: Effective May 25, 2004. Comments must be received no later than 
4:30 p.m., Alaska local time, June 8, 2004.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
    [bul] Mail: P.O. Box 21668, Juneau, AK 99802-1668;
    [bul] Hand Delivery to the Federal Building: 709 West 9th Street, 
Room 420A, Juneau, AK;
    [bul] Fax: 907-586-7557;
    [bul] E-mail: [email protected] Include in the subject line of 
the e-mail comment the document identifier: bsairel04--1; or
    [bul] Webform at the Federal eRulemaking Portal: 
http:www.regulations.gov. Follow the instructions at that site for 
submitting comments.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the 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 Administrator, Alaska Region, NMFS, has determined that the 
initial TAC for rock sole in the BSAI, specified in the final 2004 
harvest specifications (69 FR 9242, February 27, 2004) needs to be 
supplemented from the non-specified reserve in order to continue 
operations and account for prior harvest.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS proposes to 
apportion 3,075 metric tons from the non-specified reserve to the rock 
sole initial TAC in the BSAI. These proposed apportionments are 
consistent with Sec.  679.20(b)(1)(ii) and do not result in overfishing 
of a target species because the revised initial TAC is equal to or less 
than the specification of the acceptable biological catch (69 FR 9242, 
February 27, 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) and 679.20 (b)(3)(iii)(A) 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 apportionment of the 
reserves to the rock sole fishery, thus preventing full utilization of 
the TAC of rock sole,

[[Page 29671]]

cause disruption to the industry and potential economic harm through 
unnecessary discards. This action will allow for the orderly conduct 
and efficient operation of the BSAI groundfish fishery. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of May 4, 2004.
    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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until June 8, 
2004.
    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 19, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-11799 Filed 5-24-04; 8:45 am]
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