[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Rules and Regulations]
[Page 58367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21936]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031125292-4061-02; I.D. 092404A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Catching Pacific Cod for Processing by the Inshore Component 
in the Central Regulatory Area of the Gulf of Alaskas

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

ACTION: Modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by vessels 
catching Pacific cod for processing by the inshore component in the 
Central Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to fully use the 2004 B season total allowable catch (TAC) of 
Pacific cod specified for vessels catching Pacific cod for processing 
by the inshore component in the Central Regulatory Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 28, 
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.
    NMFS closed the directed fishery for Pacific cod by vessels 
catching Pacific cod for processing by the inshore component in the 
Central Regulatory Area of the GOA under Sec.  679.20(d)(1)(iii) on 
September 10, 2004 (69 FR 55361, September 14, 2004).
    NMFS has determined that approximately 730 mt of Pacific cod remain 
in the 2004 B season directed fishing allowance. Therefore, in 
accordance with Sec. Sec.  679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and 
to fully utilize the 2004 B season TAC of Pacific cod specified for 
vessels catching Pacific cod for processing by the inshore component in 
the Central Regulatory Area of the GOA, NMFS is terminating the 
previous closure and is reopening directed fishing for Pacific cod by 
vessels catching Pacific cod for processing by the inshore component in 
the Central Regulatory Area of the GOA effective 1200 hrs, A.l.t., 
September 28, 2004.

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 opening of the fishery under the Pacific cod 2004 B 
season TAC specified for vessels catching Pacific cod for processing by 
the inshore component in the Central Regulatory Area of 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. Sec.  679.20 and 679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 24, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-21936 Filed 9-27-04; 1:53 pm]
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