[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Page 59835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22480]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031125292-4061-02; I.D. 093004D]


Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish 
Fisheries by Vessels Using Hook-and-Line Gear in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is prohibiting directed fishing for groundfish by vessels 
using hook-and-line gear in the Gulf of Alaska (GOA), except for 
demersal shelf rockfish in the Southeast Outside District or sablefish. 
This action is necessary because the 2004 bycatch mortality allowance 
of Pacific halibut apportioned to hook-and-line gear targeting 
groundfish other than demersal shelf rockfish in the Southeast Outside 
District or sablefish has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 2, 2004, 
through 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 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 Pacific halibut bycatch mortality allowance for groundfish 
included in the other hook-and-line fishery, which is defined at Sec.  
679.21(d)(4)(iii)(C), was established as 290 metric tons by the 2004 
final harvest specifications for groundfish of the GOA (69 FR 9261, 
February 27, 2004). The other hook-and-line fishery includes all 
groundfish except for demersal shelf rockfish in the Southeast Outside 
District or sablefish.
    In accordance with Sec.  679.21(d)(7)(ii), the Administrator, 
Alaska Region, NMFS, has determined that the 2004 Pacific halibut 
bycatch mortality allowance specified for the hook-and-line groundfish 
fisheries in the GOA, other than demersal shelf rockfish in the 
Southeast Outside District or sablefish, has been reached. 
Consequently, NMFS is prohibiting directed fishing for groundfish other 
than demersal shelf rockfish in the Southeast Outside District or 
sablefish by vessels using hook-and-line gear.

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 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 fishery resulting in exceeding the 2004 
Pacific halibut bycatch mortality allowance specified for the hook-and-
line groundfish fisheries in the GOA, other than demersal shelf 
rockfish in the Southeast Outside District or sablefish.
    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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 30, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-22480 Filed 10-1-04; 3:29 pm]
BILLING CODE 3510-22-S