[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Rules and Regulations]
[Page 55783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20807]



[[Page 55783]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031125292-4061-02 ; I.D, 090904C]


Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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 species that comprise 
the shallow-water species fishery by vessels using trawl gear in the 
Gulf of Alaska (GOA). This action is necessary because the fourth 
seasonal apportionment of the 2004 Pacific halibut bycatch allowance 
specified for the shallow-water species fishery in the GOA has been 
reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 10, 
2004, through 1200 hrs, A.l.t., October 1, 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 Groundfish 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 50 CFR part 679.
    The 2004 final harvest specifications for groundfish of the GOA (69 
FR 9261, February 27, 2004), established the fourth seasonal 
apportionment of the halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA for the period 1200 hrs, 
A.l.t., September 1, 2004, through 1200 hrs, A.l.t., October 1, 2004, 
as 150 metric tons.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS, has determined that the fourth seasonal apportionment of 
the 2004 Pacific halibut bycatch allowance specified for the trawl 
shallow-water species fishery in the GOA has been reached. 
Consequently, NMFS is prohibiting directed fishing for the shallow-
water species fishery by vessels using trawl gear in the GOA. The 
species and species groups that comprise the shallow-water species 
fishery are pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and ``other species.''
    This closure does not apply to fishing for pollock by vessels using 
pelagic trawl gear in those portions of the GOA open to directed 
fishing for pollock.

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 closure of the trawl shallow-water species fishery 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.

    Dated: September 10, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-20807 Filed 9-10-04; 3:37 pm]
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