[Federal Register: March 17, 2004 (Volume 69, Number 52)]
[Rules and Regulations]
[Page 12569-12570]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr04-12]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 031124287-4060-02; I.D. 031204B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher/Processor Vessels Using Trawl Gear in the Bering Sea and
Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher/processor vessels using trawl gear in the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to
prevent exceeding the A season allocation of the 2004 total allowable
catch (TAC) of Pacific cod specified for catcher/processor vessels
using trawl gear in this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 14, 2004,
until 1200 hrs, A.l.t., April 1, 2004.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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 final harvest specifications for groundfish of the BSAI
(69 FR 9242, February 27, 2004), established the Pacific cod TAC
allocated to catcher/processor vessels using trawl gear in the BSAI for
the period 1200 hrs, A.l.t., January 1, 2004, through 1200 hrs, A.l.t.,
April 1, 2004 as 23,422 metric tons (mt). See Sec. 679.20(c)(3)(iii),
Sec. 679.20(c)(5), and Sec. 679.20(a)(7)(i)(A) and (C).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS, has determined that the A season allocation of the
2004 Pacific cod TAC specified for catcher/processor vessels using
trawl gear in the BSAI will soon be reached. Therefore, the Regional
Administrator is establishing a directed
[[Page 12570]]
fishing allowance of 22,922 mt, and is setting aside the remaining 500
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 be reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
catcher/processor vessels using trawl gear in the BSAI.
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 the A season allocation of Pacific cod
specified for catcher/processor vessels using trawl gear in 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: March 12, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service
[FR Doc. 04-6030 Filed 3-12-04; 3:00 pm]
BILLING CODE 3510-22-S