[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Rules and Regulations]
[Pages 52209-52210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19467]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 081804A]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands

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

ACTION: Closures and openings.

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SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears other than jig gear (other gears) in the Eastern Aleutian 
District (Statistical Area 541) and the Bering Sea subarea of the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2004 total allowable catch (TAC) of 
Atka mackerel in these areas. NMFS is also announcing the opening and 
closure dates of the first and second directed fisheries within the 
harvest limit area (HLA) in Statistical Areas 542 and 543. These 
actions are necessary to prevent exceeding the HLA limits established 
for the Central (statistical area 542) and Western (statistical area 
543) Aleutian Districts pursuant to the 2004 Atka mackerel TAC.

DATES: Prohibition of directed fishing for Atka mackerel with other 
gears in the Eastern Aleutian District and the Bering Sea subarea: 
Effective 1200 hrs, Alaska local time (A.l.t.), September 1, 2004, 
until 2400 hrs, December 31, 2004. The first directed fisheries in the 
HLA in area 542 and area 543 are open from 1200 hrs, A.l.t., September 
3, 2004, until 1200 hrs, A.l.t., September 11, 2004. The second 
directed fisheries in the HLA in area 542 and area 543 open from 1200 
hrs, A.l.t., September 13, 2004, until 1200 hrs, A.l.t., September 21, 
2004.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 portion of the Atka mackerel TAC allocated to other gears in 
the Eastern Aleutian District and the Bering Sea subarea is 10,293 
metric tons (mt) as established by the 2004 Harvest Specifications for 
Groundfish (69 FR 9242, February 27, 2004). See Sec.  679.20(c)(3)(iii) 
and 679.20(a)(8)(ii).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the TAC for 
Atka mackerel allocated to other gears in the Eastern Aleutian District 
and the Bering Sea subarea will be reached. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 3,293 mt, 
and is setting aside the remaining 7,000 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 Atka mackerel in the Eastern Aleutian District and 
the Bering Sea subarea of the BSAI by vessels using other gears.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543, 48 hours after the closure of the 
area 541 Atka mackerel directed fishery. The Regional Administrator has 
also established the opening date for the second HLA directed fisheries 
as 48 hours after the last closure of the first HLA fisheries in either 
542 or 543. Consequently, NMFS is opening and closing directed fishing 
for Atka mackerel in the HLA of areas 542 and 543 in accordance with 
the periods listed under the DATES section of this notice.
    In accordance with Sec.  679.20(a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 or 543. NMFS has 
randomly assigned each vessel to the directed fishery or fisheries for 
which they have registered. NMFS has notified each vessel owner as to 
which fishery each vessel has been assigned by NMFS (69 FR 51014, 
August 17, 2004).
    In accordance with Sec.  679.20(a)(8)(ii)(C)(1), the HLA limit of 
the TAC in areas 542 and 543 are 5,733 mt and 8,630 mt, respectively. 
Based on those limits and the proportion of the number of vessels in 
each fishery compared to the total number of vessels participating in 
the HLA directed fishery for area 542 or 543, the harvest limits for 
the HLA directed fishery in areas 542 and 543 are as follows: 3,185 mt 
for the first directed fishery in area 542, 4,315 mt for the first 
directed fishery in area 543, 2,548 mt for the second directed fishery 
in area 542, and 4,315 mt for the second directed fishery in area 543. 
In accordance with Sec.  679.20(a)(8)(iii)(E), the Regional 
Administrator has establish the closure dates of the Atka mackerel 
directed fisheries in the HLA for areas 542 and 543 based on the amount 
of the harvest limit and the estimated fishing capacity of the vessels 
assigned to the respective fisheries. Consequently, NMFS is prohibiting 
directed fishing for Atka mackerel in the HLA of areas 542 and 543 on 
the dates and times listed under the DATES section of this notice.

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 NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay both the closure of the Atka mackerel fishery by other 
gears in the Eastern Aleutian District and the Bering Sea subarea and 
the opening and closures of the fisheries for the HLA limits 
established for the Central (area 542) and Western (area 543) Aleutian 
Districts pursuant to the 2004 Atka mackerel TAC.
    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.


[[Page 52210]]


    Dated: August 19, 2004,
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-19467 Filed 8-20-04; 3:05 pm]
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