[Federal Register: July 21, 2004 (Volume 69, Number 139)]
[Rules and Regulations]
[Page 43536-43537]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy04-14]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 031125292-4061-02; I.D. 071604B]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the West Yakutat District of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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[[Page 43537]]
SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch
in the West Yakutat District of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the 2004 total allowable catch (TAC)
of Pacific ocean perch in this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 16, 2004,
through 2400 hrs, A.l.t., December 31, 2004.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-2778.
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 TAC specified for Pacific ocean perch in the West Yakutat
District of the GOA is 830 metric tons (mt) as established by the 2004
harvest specifications for groundfish of the GOA (69 FR 9261, February
27, 2004).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2004 TAC
for Pacific ocean perch in the West Yakutat District will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 780 mt, and is setting aside the
remaining 50 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 has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
ocean perch in the West Yakutat District 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 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 closure of the directed fishery for Pacific ocean perch
in the West Yakutat District 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 16, 2004.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 04-16580 Filed 7-16-04; 2:43 pm]
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