[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Pages 75005-75006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27432]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 120904D]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Bering Sea and Aleutian Islands Management Area

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

ACTION: Apportionment of reserve; request for comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish to certain target species in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to account for 
previous harvest of the total allowable catch (TAC). It is intended to 
promote the goals and objectives of the fishery management plan for 
groundfish of the BSAI.

DATES: Effective December 15, 2004. Written comments must be received 
no later than 4:30 p.m., Alaska local time, December 29, 2004.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     FAX to 907-586-7557;
     E-mail to [email protected] and include in the subject 
line of the e-mail comment the document identifier: bsairel04--2; or
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management 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 Administrator, Alaska Region, NMFS, has determined that the 
initial TACs specified in the 2004 final harvest specifications for 
groundfish in the BSAI (69 FR 9242, February 27, 2004) for arrowtooth 
flounder, flathead sole, ``other flatfish'' and rock sole in the BSAI 
need to be supplemented from the non-specified reserve in order to 
account for prior harvest.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
amounts from the non-specified reserve to the TACs for the following 
species or species groups in the BSAI: 5,000 mt to arrowtooth flounder, 
500 mt to flathead sole, 1,900 to ``other flatfish'' and 4,190 to rock 
sole. These apportionments are consistent with Sec.  679.20(b)(1)(ii) 
and do not result in overfishing of a target species because the 
revised TACs are equal to or less than specifications of acceptable 
biological catch (69 FR 9242, February 27, 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) and 679.20 (b)(3)(iii)(A) 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 apportionment of the reserves. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data

[[Page 75006]]

only became available as of December 3, 2004.
    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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until December 
29, 2004.
    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: December 10, 2004.
Alen D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-27432 Filed 12-14-04; 8:45 am]
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