[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Rules and Regulations]
[Page 55782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20808]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 040910259-4259-01; I.D. 091004A]
RIN 0648-AS60


Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak 
Gully Research Area for Vessels Using Trawl Gear

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

ACTION: Final rule.

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SUMMARY: NMFS is rescinding the trawl closure in the Chiniak Gully 
Research Area. This action is necessary to allow vessels using trawl 
gear to participate in directed fishing for groundfish in the Chiniak 
Gully Research Area after the completion of NMFS research on September 
8, 2004.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 11, 
2004, through 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 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 Chiniak Gully Research Area was closed to vessels using trawl 
gear from August 1 to a date no later than September 20 under 
regulations at Sec.  679.22(b)(3)(ii)(A). This closure was in support 
of a research project to evaluate the effect of commercial fishing 
activity on the prey availability of pollock to Steller sea lions.
    The regulations at Sec.  679.22(b)(3)(ii)(B) provide that the 
Regional Administrator, Alaska Region, NMFS, (Regional Administrator) 
may rescind the trawl closure prior to September 20. As of September 8, 
2004, the research has been completed in the Chiniak Gully Research 
Area. Therefore, the Regional Administrator is rescinding the closure 
of the Chiniak Gully Research Area. All other closures remain in full 
force and effect.

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 
immediately implementing this action in order to allow the 
participation of vessels using trawl gear in the Chiniak Gully Research 
Area. The research in the Chiniak Gully Research Area was completed as 
of September 8, 2004. Therefore, it is no longer necessary to keep this 
area closed. Allowing for prior notice and an opportunity for public 
comment would prevent the fisheries from realizing the economic 
benefits of this action. In addition, this rule is not subject to a 30-
day delay in the effective date pursuant to 5 U.S.C. 553(b)(B) because 
it relieves a restriction. This action would reopen the Chiniak Gully 
Research Area to vessels using trawl gear and allow these vessels to 
participate in directed fishing for groundfish.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This action has been determined to be not significant for purposes 
of EO 12866.

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

    Dated: September 10, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-20808 Filed 9-10-04; 3:37 pm]
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