Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57653

coast all-depth sport halibut fishery. 

The additional potential reopening 

dates and increased bag limit are 

intended to allow anglers an 

opportunity to attain the Oregon central 

coast halibut quota for 2004 and 

flexibility in scheduling openings for 

any or all of those dates. However, there 

was not sufficient time between getting 

the information on the slow season 

catch for 2004 and the additional 

reopening dates to afford the public 

prior notice and opportunity for 

comment. NMFS received the 

information on September 1, 2004. The 

first new reopening date is September 

24, 2003. NMFS needed time to write 

and review the changes to the 

regulations. In addition, this action 

relieves a restriction by providing 

additional opportunity for anglers to 

harvest halibut if sufficient quota 

remains. If there are no additional 

reopening dates added to the season or 

an increased bag limit, anglers may be 

restricted by not being able to harvest 

the full halibut quota for 2004. For the 

above reasons and because this action 

relieves a restriction, the AA has also 

determined that good cause exists to 

waive the delay of effectiveness of this 

action under 5 U.S.C. 553(d)(1) and 

(d)(3).

Public comments will be received for 

a period of 15 days after the publication 

in the Federal Register . This action is 

authorized by section 25 of the IPHC’s 

annual management measures for 

Pacific halibut fisheries published on 

May 4, 2004 (69 FR 24524), and has 

been determined to be not significant for 

purposes of Executive Order 12866.

Authority: 16 U.S.C. 773–773k.

Dated: September 20, 2004.

John H. Dunnigan,

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–21553 Filed 9–22–04; 12:07 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 040122024–4105–02; I.D. 

092104C]

Fisheries of the Northeastern United 

States; Tilefish Fishery; Quota 

Harvested for Part-time Category

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS announces that the 

percentage of the tilefish annual total 

allowable landing (TAL) available to the 

Part-time category has been harvested. 

Commercial vessels fishing under the 

Part-time tilefish category may not 

harvest tilefish from within the golden 

tilefish management unit for the 

remainder of the 2004 fishing year 

(through October 31, 2004). Regulations 

governing the tilefish fishery require 

publication of this notification to advise 

the public of this closure.

DATES: Effective 0001 hrs local time, 

September 25, 2004, through 2400 hrs 

local time, October 31, 2004.

FOR FURTHER INFORMATION CONTACT:

Brian R. Hooker, Fishery Policy Analyst, 

at (978) 281–9220.

SUPPLEMENTARY INFORMATION:

Regulations governing the tilefish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a TAL for federally 

permitted tilefish vessels harvesting 

tilefish from within the golden tilefish 

management unit. The golden tilefish 

management unit is defined as an area 

of the Atlantic Ocean from the latitude 

of the VA and NC border (36°33.36′ N. 

lat.), extending eastward from the shore 

to the outer boundary of the exclusive 

economic zone, and northward to the 

U.S.-Canada border. After 5 percent of 

the TAL is deducted to reflect landings 

by vessels issued an open-access 

Incidental permit category, and after up 

to 3 percent of the TAL is set aside for 

research purposes, should research TAL 

be set aside, the remaining TAL is 

distributed among three tilefish limited 

access permit categories: Full-time tier 1 

category (66 percent), Full-time tier 2 

category (15 percent), and the Part-time 

category (19 percent).

The TAL for tilefish for the 2004 

fishing year was set at 1.995 million lb 

(905,172 kg) and then adjusted 

downward by 5 percent to 1,895,250 lb 

(859,671 kg) to account for incidental 

catch. There was no research set-aside 

for the 2004 fishing year. Thus, the Parttime category quota for the 2004 fishing 

year, which is equal to 19 percent of the 

TAL, is 360,098 lb (163,338 kg). As a 

result of the decision in the Hadaja v. 

Evans lawsuit on May 15, 2003, the 

permitting and reporting requirements 

for the tilefish fishery were suspended 

for nearly a year. The decision rendered 

the subquotas for the various limited 

access permit categories inoperative. 

These requirements were reinstated on 

May 31, 2004, through a final rule (69 

FR 22454, April 26, 2004). During the 

period that the permitting and reporting 

requirements were vacated, it was 

impossible to attribute tilefish landings 

to a particular limited access permit 

category. Consequently, projected 

landings were used for the period 

November 1, 2003 - May 31, 2004. Based 

on this projection, the adjusted Parttime category quota for the remainder of 

the fishing year (June 1–October 31, 

2004) was calculated to be 200,791 lb 

(91,077 kg).

The Administrator, Northeast Region, 

NMFS (Regional Administrator) 

monitors the commercial tilefish quota 

for each fishing year using dealer 

reports, vessel catch reports, and other 

available information to determine 

when the quota for each limited access 

permit category is projected to have 

been harvested. NMFS is required to 

publish notification in the Federal 

Register notifying commercial vessels 

and dealer permit holders that, effective 

upon a specific date, the tilefish TAL for 

the specific limited access category has 

been harvested and no commercial 

quota is available for harvesting tilefish 

by that category for the remainder of the 

fishing year, from within the golden 

tilefish management unit.

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that the 

2004 tilefish TAL for the Part-time 

category has been harvested. Therefore, 

effective 0001 hrs local time, September 

25, 2004, further landings of tilefish 

harvested from within the golden 

tilefish management unit by tilefish 

vessels holding Part-time category 

Federal fisheries permits are prohibited 

through October 31, 2004. The 2005 

fishing year for commercial tilefish 

harvest will open on November 1, 2004. 

Federally permitted dealers are also 

advised that, effective September 25, 

2004, they may not purchase tilefish 

from Part-time category federally 

permitted tilefish vessels who land 

tilefish harvested from within the 

golden tilefish management unit for the 

remainder of the 2004 fishing year 

(through October 31, 2004).

Classification

This action is required by 50 CFR part 

648 and is exempt from review under 

E.O. 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. 04–21590 Filed 9–22–04; 1:21 pm]

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