[Federal Register Volume 69, Number 148 (Tuesday, August 3, 2004)]
[Rules and Regulations]
[Page 46451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17643]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 072804E]


Fisheries of the Exclusive Economic Zone Off Alaska; ``Other 
Species'' in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Prohibition of Retention.

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SUMMARY: NMFS is prohibiting retention of Community Development Quota 
(CDQ) reserve amount of ``other species'' in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the 2004 CDQ reserve amount of ``other species'' in 
this area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 31, 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 CDQ reserve amount specified for ``other species'' in the 
BSAI is 2,040 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)(2), the Administrator, Alaska 
Region, NMFS, has determined that the 2004 CDQ reserve amount of 
``other species'' in the BSAI has been reached. Therefore, NMFS is 
requiring that further catches of the CDQ reserve amount of ``other 
species'' in the BSAI be treated as a prohibited species in accordance 
with Sec.  679.21(b).

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 prohibition of retention of CDQ reserve amount of 
``other species'' 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: July 28, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-17643 Filed 7-29-04; 2:02 pm]
BILLING CODE 3510-22-S