57882 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

separately from the limited entry 

permit.

* * * * *

■ 6. In § 660.365, the introductory 

paragraph and paragraphs (e) through (h) 

are added to read as follows:

§ 660.365 Overfished species rebuilding 

plans.

For each overfished groundfish stock 

with an approved rebuilding plan, this 

section contains the standards to be 

used to establish annual or biennial 

OYs, specifically the target date for 

rebuilding the stock to its MSY level 

and the harvest control rule to be used 

to rebuild the stock.

* * * * *

(e) Bocaccio. The target date for 

rebuilding the southern bocaccio stock 

to BMSY is 2023. The harvest control rule 

to be used to rebuild the southern 

bocaccio stock is an annual harvest rate 

of F=0.0498.

(f) Cowcod. The target year for 

rebuilding the cowcod stock south of 

Point Conception to BMSY is 2090. The 

harvest control rule to be used to 

rebuild the cowcod stock is an annual 

harvest rate of F=0.009.

(g) Widow rockfish. The target year for 

rebuilding the widow rockfish stock to 

BMSY is 2038. The harvest control rule 

to be used to rebuild the widow rockfish 

stock is an annual harvest rate of 

F=0.0093.

(h) Yelloweye rockfish. The target year 

for rebuilding the yelloweye rockfish 

stock to BMSY is 2058. The harvest 

control rule to be used to rebuild the 

yelloweye rockfish stock is an annual 

harvest rate of F=0.0153.

■ 7. In § 660.373, paragraph (h)(3) is 

revised to read as follows:

§ 660.373 Pacific whiting (whiting) fishery 

management.

* * * * *

(h) * * *

(3) When renewing its limited entry 

permit each year under § 660.335, the 

owner of a catcher/processor used to 

take and retain whiting must declare if 

the vessel will operate solely as a 

mothership in the whiting fishery 

during the calendar year to which its 

limited entry permit applies. Any such 

declaration is binding on the vessel for 

the calendar year, even if the permit is 

transferred during the year, unless it is 

rescinded in response to a written 

request from the permit holder. Any 

request to rescind a declaration must be 

made by the permit holder and granted 

in writing by the Regional 

Administrator before any unprocessed 

whiting has been taken on board the 

vessel that calendar year.

* * * * *

[FR Doc. 04–21691 Filed 9–27–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

092204A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel 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: Closure.

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Central 

Aleutian District of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2004 total 

allowable catch (TAC) of Atka mackerel 

in this area.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 23, 2004, 

through 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 specified for Atka 

mackerel in the Central Aleutian District 

of the BSAI is 28,768 metric tons (mt) 

as established by the 2004 harvest 

specifications for groundfish of the 

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

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2004 TAC for Atka 

mackerel in the Central Aleutian District 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 28,650 mt, 

and is setting aside the remaining 118 

mt as bycatch to support other 

anticipated groundfish fisheries. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Atka 

mackerel in the Central Aleutian District 

of the BSAI.

After the effective date of this closure 

the maximum retainable amounts at 50 

CFR 679.20(e) and (f) apply at any time 

during a trip.

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 Atka mackerel 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 22, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–21685 Filed 9–23–04; 2:57 pm]

BILLING CODE 3510–22–S