[Federal Register: August 2, 2004 (Volume 69, Number 147)]
[Rules and Regulations]
[Page 46109]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au04-10]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 031125292-4061-02; I.D. 072704C]
Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker
and Rougheye Rockfish in the Western Regulatory Area of the Gulf of
Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Prohibition of retention.
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SUMMARY: NMFS is prohibiting retention of shortraker and rougheye
rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA).
NMFS is requiring that catch of shortraker and rougheye rockfish in
this area be treated in the same manner as prohibited species and
discarded at sea with a minimum of injury. This action is necessary
because the shortraker and rougheye rockfish 2004 total allowable catch
(TAC) in this area has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 28, 2004,
until 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 the Groundfish Fishery 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 CFR part 679.
The 2004 TAC of shortraker and rougheye rockfish in the Western
Regulatory Area of the GOA was established as 254 metric tons (mt) by
the final 2004 harvest specifications for groundfish in the GOA (69 FR
9261, February 27, 2004).
In accordance with Sec. 679.20(d)(2), the Administrator, Alaska
Region, NMFS, has determined that the shortraker and rougheye rockfish
TAC in the Western Regulatory Area of the GOA has been reached.
Therefore, NMFS is requiring that further catches of shortraker and
rougheye rockfish in the Western Regulatory Area of the GOA be treated
as prohibited species in accordance with Sec. 679.21(b).
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 prohibition of retention of shortraker and rougheye
rockfish in the Western 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. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 27, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-17518 Filed 7-28-04; 3:57 pm]
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