[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Rules and Regulations]
[Page 47026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17768]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031125292-4061-02; I.D. 072804D]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Gulf of Alaska

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 Atka mackerel in the Gulf of 
Alaska (GOA). NMFS is requiring that catch of Atka mackerel in this 
area be treated in the same manner as prohibited species and discarded 
at sea with a minimum of injury. This action is necessary because the 
Atka mackerel 2004 total allowable catch (TAC) in this area has been 
reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 30, 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 
GOA exclusive economic zone according to the Fishery Management Plan 
for the Groundfish Fishery of the Gulf of Alaska (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 TAC of Atka mackerel in the GOA was established as 600 
metric tons by the final 2004 harvest specifications for groundfish in 
the GOA (69 FR 9261, February 27, 2004).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS, has determined that the Atka mackerel TAC in the GOA has 
been reached. Therefore, NMFS is requiring that further catches of Atka 
mackerel in the GOA be treated as 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 Atka mackerel in the GOA.
    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.

Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-17768 Filed 7-30-04; 2:15 pm]
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