[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Rules and Regulations]
[Page 57654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21549]



[[Page 57654]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 092004B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Central Aleutian District of 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 Pacific ocean perch in the 
Central Aleutian District of the Bering Sea and Aleutian Islands 
management area (BSAI). NMFS is requiring that catch of Pacific ocean 
perch 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 Pacific ocean perch in 
this area has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 21, 
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 Pacific ocean perch in the Central Aleutian 
District of the BSAI was established as 2,706 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 Pacific ocean perch TAC in the 
Central Aleutian District of the BSAI has been reached. Therefore, NMFS 
is requiring that further catches of Pacific ocean perch in the Central 
Aleutian District of 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 Pacific ocean perch in the 
Central Aleutian District of 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 20, 2004.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-21549 Filed 9-21-04; 4:44 pm]
BILLING CODE 3510-22-S