[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Rules and Regulations]
[Page 55995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21001]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No.031124287-4060-02; I.D. 091304C]


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

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

ACTION: Closure.

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

SUMMARY: NMFS is prohibiting fishing with Non-Community Development 
Quota (CDQ) trawl gear in the Chum Salmon Savings Area of the Bering 
Sea and Aleutian Islands management area (BSAI). This action is 
necessary because the 2004 non-CDQ limit of non-chinook salmon for 
vessels using trawl gear in the Catcher Vessel Operation Area (CVOA) 
has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 14, 
2004, until 1200 hrs, A.l.t., October 14, 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 limit of non-chinook salmon caught by vessels using trawl 
gear in the CVOA is 42,000 animals (Sec.  679.21(e)(7)(vii)). 
Regulations at Sec.  679.21(e)(1)(i) allocate 7.5 percent of this 
amount, 3,150 animals, to the groundfish CDQ program as prohibited 
species quota reserve leaving 38,850 animals for the non-CDQ fishery. 
The CVOA is defined as that part of the BSAI that is south of 
56[deg]00' N. lat. and between 163[deg]00' W. long. and 167[deg]30' W. 
long. (Figure 2 to 50 CFR part 679).
    In accordance with Sec.  679.21(e)(7)(vii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2004 non-CDQ limit of non-chinook salmon caught by vessels using trawl 
gear in the CVOA has been reached. Consequently, the Regional 
Administrator is prohibiting fishing with non-CDQ trawl gear in the 
Chum Salmon Savings Area defined at Figure 9 to 50 CFR part 679.
    As of August 11, 2004, 0 mt of the non-chinook salmon CDQ reserve 
has been caught by vessels using trawl gear in the CVOA. Therefore, CDQ 
participants are not yet prohibited from fishing with trawl gear in the 
Chum Salmon Savings Area.

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 prohibiting fishing with non-CDQ trawl gear in the Chum 
Salmon Savings Area.
    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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 14, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-21001 Filed 9-14-04; 2:52 pm]
BILLING CODE 3510-22-S