57654 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

092004B]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Central Aleutian District of the 

Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Prohibition of retention.

SUMMARY: NMFS is prohibiting retention 

of Pacific ocean perch in the Central 

Aleutian District of the Bering Sea and 

Aleutian Islands management area 

(BSAI). NMFS is requiring that catch of 

Pacific ocean perch 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 2004 total 

allowable catch (TAC) of Pacific ocean 

perch in this area has been reached.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 21, 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 

BSAI exclusive economic zone 

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 TAC of Pacific ocean perch 

in the Central Aleutian District of the 

BSAI was established as 2,706 metric 

tons by the final 2004 harvest 

specifications for groundfish in the 

BSAI (69 FR 9242, February 27, 2004).

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the Pacific ocean 

perch TAC in the Central Aleutian 

District of the BSAI has been reached. 

Therefore, NMFS is requiring that 

further catches of Pacific ocean perch in 

the Central Aleutian District of the BSAI 

be treated as a prohibited species in 

accordance with § 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 

Pacific ocean perch in the Central 

Aleutian District of 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 § 679.20 

and is exempt from review under 

Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: September 20, 2004.

John H. Dunnigan,

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–21549 Filed 9–21–04; 4:44 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

092004D]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Rougheye Rockfish 

in the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Prohibition of retention.

SUMMARY: NMFS is prohibiting retention 

of rougheye rockfish in the Bering Sea 

and Aleutian Islands management area 

(BSAI). NMFS is requiring that catch of 

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 2004 total 

allowable catch (TAC) of rougheye 

rockfish in this area has been reached.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 22, 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 

BSAI exclusive economic zone 

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 TAC of rougheye rockfish in 

the BSAI was established as 181 metric 

tons by the final 2004 harvest 

specifications for groundfish in the 

BSAI (69 FR 9242, February 27, 2004).

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the rougheye 

rockfish TAC in the BSAI has been 

reached. Therefore, NMFS is requiring 

that further catches of rougheye rockfish 

in the BSAI be treated as a prohibited 

species in accordance with § 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 

rougheye rockfish 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 § 679.20 

and is exempt from review under 

Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: September 20, 2004.

John H. Dunnigan,

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–21550 Filed 9–21–04; 4:44 pm]

BILLING CODE 3510–22–S