[Federal Register: September 27, 2004 (Volume 69, Number 186)]
[Rules and Regulations]
[Page 57655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se04-15]
[[Page 57655]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 031125292-4061-02; I.D. 092004G]
Fisheries of the Economic Exclusive Zone Off Alaska; Trawl Gear
in 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 closing directed fishing for groundfish by vessels
using trawl gear in the Gulf of Alaska (GOA), except for directed
fishing for pollock by vessels using pelagic trawl gear in those
portions of the GOA open to directed fishing for pollock. This action
is necessary because the 2004 Pacific halibut prohibited species catch
(PSC) limit specified for trawl gear in the GOA has been caught.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2004,
until 1200 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.
The 2004 Pacific halibut PSC limit for vessels using trawl was
established as 2,000 metric tons by the final 2004 harvest
specifications for groundfish of the GOA (69 FR 9261, February 27,
2004).
The Administrator, Alaska Region, has determined, in accordance
with Sec. 679.21(d)(7)(i), that vessels engaged in directed fishing
for groundfish with trawl gear in the GOA have caught the 2004 Pacific
halibut PSC limit. Therefore, NMFS is closing directed fishing for
groundfish by vessels using trawl gear in the GOA, except for directed
fishing for pollock by vessels using pelagic trawl gear in those
portions of the GOA that remain open to directed fishing for pollock.
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 closing directed fishing for groundfish by vessels using
trawl gear in 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-21551 Filed 9-21-04; 4:44 pm]
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