[Federal Register: February 4, 2004 (Volume 69, Number 23)]
[Rules and Regulations]
[Page 5298]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe04-21]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No.031126297-3297-01; I.D. 013004B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Catching Pacific Cod for Processing by the Offshore
Component in the Central Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
vessels catching Pacific cod for processing by the offshore component
in the Central Regulatory Area of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the interim 2004 total allowable
catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod
for processing by the offshore component of the Central Regulatory Area
of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 2,
2004, until superseded by the notice of Final 2004 Harvest
Specifications of Groundfish for the GOA, which will be published in
the Federal Register.
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 interim 2004 TAC of Pacific cod apportioned to vessels catching
Pacific cod for processing by the offshore component in the Central
Regulatory Area is 1,213 metric tons (mt) as established by the interim
2004 harvest specifications of groundfish for the GOA (68 FR 67964,
December 5, 2003).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the interim
2004 TAC of Pacific cod apportioned to vessels catching Pacific cod for
processing by the offshore component of the Central Regulatory Area of
the GOA will be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 1,083 mt, and is setting
aside the remaining 130 mt as bycatch to support other anticipated
groundfish fisheries. In accordance with Sec. 679.20(d)(1)(iii), the
Regional Administrator finds that this directed fishing allowance will
soon be reached. Consequently, NMFS is prohibiting directed fishing for
Pacific cod by vessels catching Pacific cod for processing by the
offshore component in the Central Regulatory Area of the GOA.
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 requirement is impracticable and
contrary to the public interest. This requirement is impracticable and
contrary to the public interest as it would prevent the Agency from
responding to the most recent fisheries data in a timely fashion and
would delay the closure of the fishery under the interim 2004 TAC of
Pacific cod apportioned to vessels catching Pacific cod for processing
by the offshore component of 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 section 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 30, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-2293 Filed 1-30-04; 3:30 pm]
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