Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57655

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031125292–4061–02; I.D. 

092004G]

Fisheries of the Economic Exclusive 

Zone Off Alaska; Trawl Gear in the Gulf 

of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed 

fishing for groundfish by vessels using 

trawl gear in the Gulf of Alaska (GOA), 

except for directed fishing for pollock 

by vessels using pelagic trawl gear in 

those portions of the GOA open to 

directed fishing for pollock. This action 

is necessary because the 2004 Pacific 

halibut prohibited species catch (PSC) 

limit specified for trawl gear in the GOA 

has been caught.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 1, 2004, until 1200 

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 Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 Pacific halibut PSC limit for 

vessels using trawl was established as 

2,000 metric tons by the final 2004 

harvest specifications for groundfish of 

the GOA (69 FR 9261, February 27, 

2004).

The Administrator, Alaska Region, 

has determined, in accordance with 

§ 679.21(d)(7)(i), that vessels engaged in 

directed fishing for groundfish with 

trawl gear in the GOA have caught the 

2004 Pacific halibut PSC limit. 

Therefore, NMFS is closing directed 

fishing for groundfish by vessels using 

trawl gear in the GOA, except for 

directed fishing for pollock by vessels 

using pelagic trawl gear in those 

portions of the GOA that remain open 

to directed fishing for pollock.

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 closing directed fishing for 

groundfish by vessels using trawl gear 

in 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 § 679.21 

and is exempt from review under 

Executive Order 12866.

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

Dated: September 21, 2004.

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–21551 Filed 9–21–04; 4:44 pm]

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