[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Rules and Regulations]
[Pages 54594-54595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20421]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 090204B]


Fisheries of the Exclusive Economic Zone Off Alaska; Non-
Community Development Quota Pollock with Trawl Gear in the Chinook 
Salmon Savings Areas of the Bering Sea and Aleutian Islands Management 
Area

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

ACTION: Closure.

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SUMMARY: NMFS is prohibiting directed fishing for non-Community 
Development Quota (CDQ) pollock with trawl gear in the Chinook Salmon 
Savings Areas of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary because the 2004 non-CDQ limit of 
chinook salmon caught by vessels using trawl gear while directed 
fishing for pollock in the BSAI has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 5, 
2004, through 2400 hrs, A.l.t., December 31, 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 2004 chinook salmon PSC limit for the pollock fishery is set at 
29,000 fish (Sec.  679.21(e)(1)(vii)). Of that limit, 7.5 percent is 
allocated to the groundfish CDQ program as prohibited species quota 
reserve (Sec.  679.21(e)(1)(i)). Consequently, the 2004 non-CDQ limit 
of chinook salmon caught by vessels using trawl gear while directed 
fishing for pollock in the BSAI is 26,825 animals.
    In accordance with Sec.  679.21(e)(7)(viii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2004 non-CDQ limit of chinook salmon caught by vessels using trawl gear 
while directed fishing for pollock in the BSAI has been reached. 
Consequently, the Regional Administrator is prohibiting directed 
fishing for non-CDQ pollock with trawl gear in the Chinook Salmon 
Savings Areas defined at Figure 8 to 50 CFR part 679.
    Maximum retainable amounts may be found in the regulations at Sec.  
679.20(e) and (f).

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 prohibiting directed fishing for non-CDQ pollock with 
trawl gear in the Chinook Salmon Savings Areas.
    The Assistant Administrator for Fisheries, NOAA 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

[[Page 54595]]

waiver of prior notice and opportunity for public comment.
    This action is required by 50 CFR 679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 2, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-20421 Filed 9-3-04; 2:49 pm]
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