[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Rules and Regulations]
[Page 43537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16579]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 071604C]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Western Aleutian District of the Bering Sea and 
Aleutian Islands

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

ACTION:  Closure.

-----------------------------------------------------------------------

SUMMARY:  NMFS is prohibiting directed fishing for Pacific ocean perch 
in the Western Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2004 total allowable catch (TAC) of Pacific ocean perch in this 
area.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), July 16, 2004, 
through 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 50 CFR part 679.
    The 2004 TAC specified for Pacific ocean perch in the Western 
Aleutian District of the BSAI is 4,798 metric tons (mt) as established 
by the 2004 harvest specifications for groundfish of the BSAI (69 FR 
9242, February 27, 2004).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2004 TAC 
for Pacific ocean perch in the Western Aleutian District will soon be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 4,000 mt, and is setting aside the 
remaining 798 mt as bycatch to support other anticipated groundfish 
fisheries. In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
ocean perch in the Western Aleutian District of 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 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 closure of the directed fishery for Pacific ocean perch 
in the Western Aleutian District 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.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority: 6 U.S.C. 1801 et seq.

    Dated: July 16, 2004.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-16579 Filed 7-16-04; 2:43 pm]
BILLING CODE 3510-22-S