[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Rules and Regulations]
[Page 54594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20422]



[[Page 54594]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

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


Fisheries of the Exclusive Economic Zone Off Alaska; Flathead 
Sole in the Bering Sea and Aleutian Islands

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

ACTION: Prohibition of retention.

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

SUMMARY: NMFS is prohibiting retention of flathead sole in the Bering 
Sea and Aleutian Islands management area (BSAI). NMFS is requiring that 
catch of flathead sole 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 2004 total allowable catch (TAC) of 
flathead sole in this area has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 4, 
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 
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 of flathead sole in the BSAI was established as 16,150 
metric tons by the final 2004 harvest specifications for groundfish in 
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 flathead sole TAC in the BSAI has 
been reached. Therefore, NMFS is requiring that further catches of 
flathead sole 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 flathead sole 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: September 2, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-20422 Filed 9-3-04; 2:49 pm]
BILLING CODE 3510-22-S