[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59816-59833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22477]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 031216314-3314-01; I.D. 092904C]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Annual Specifications and Management 
Measures; Inseason Adjustments

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

ACTION: Inseason adjustments to management measures; request for 
comments.

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SUMMARY: NMFS announces changes to the commercial and recreational 
fisheries, and to the commercial fishery's trawl rockfish conservation 
areas (RCAs) for the Pacific Coast groundfish fishery. These actions, 
which are authorized by the Pacific Coast Groundfish Fishery Management 
Plan (FMP), will allow fisheries to access more abundant groundfish 
stocks while protecting overfished and depleted stocks.

DATES: Effective 0001 hours (local time) October 1, 2004, until the 
2005-06 annual specifications and management measures are effective; 
unless modified, superseded, or rescinded through a publication in the 
Federal Register. Comments on this rule will be accepted through 
November 1, 2004.

ADDRESSES: You may submit comments, identified by [092904C], by any of 
the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#6d2a1f021803090b041e0524031e080c1e02034e5b43031a1f2d03020c0c430a021b">GroundfishInseason#<span class="__cf_email__" data-cfemail="172139796065577978767639707861">[email protected]</span></a>: identified by 
the I.D. number in the subject line of the message.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 206-526-6736
    <bullet> Mail: D. Robert Lohn, Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070; or Rod McInnis, 
Acting Administrator, Southwest Region, NMFS, 501 West Ocean Blvd, 
Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS), 
phone: 206-526-4646; fax: 206-526-6736; and e-mail: 
<a href="/cdn-cgi/l/email-protection#a3c9c2cecac68dc4ccc6cde3cdccc2c28dc4ccd5"><span class="__cf_email__" data-cfemail="18727975717d367f777d765876777979367f776e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is available on the Government 
Printing Office's website at: www.gpoaccess.gov/fr/index.html.
    Background information and documents are available at the NMFS 
Northwest Region website at: www.nwr.noaa.gov/1sustfsh/gdfsh01.htm and 
at the Pacific Fishery Management Council's website at: 
www.pcouncil.org.

Background

    The Pacific Coast Groundfish FMP and its implementing regulations 
at 50 CFR part 660, subpart G, regulate fishing for over 80 species of 
groundfish off the coasts of Washington, Oregon, and California. 
Groundfish specifications and management measures are developed by the 
Pacific Fishery Management Council (Pacific Council), and are 
implemented by NMFS. The specifications and management measures for the 
2004 fishing year (January 1 - December 31, 2004) were initially 
published in the Federal Register as an emergency rule for January 1 - 
February 29, 2004 (69 FR 1322, January 8, 2004) and as a proposed rule 
for March 1 - December 31, 2004 (69 FR 1380, January 8, 2004). The 
emergency rule was amended at 69 FR 4084, January 28, 2004, and the 
final rule for March 1 - December 31, 2004 was published in the Federal 
Register on March 9, 2004 (69 FR 11064), and subsequently amended at 69 
FR 23440 (April 29, 2004), 69 FR 23667 (April 30, 2004), 69 FR 25013 
(May 5, 2004), 69 FR 28086 (May 18, 2004), 69 FR 38857 (June 29, 2004), 
and at 69 FR 40805 (July 7, 2004). In addition, an emergency rule 
establishing routine management measure authority, under the Pacific 
Coast Groundfish FMP, to close the Pacific whiting (whiting) primary 
season fisheries by sector before the sector's whiting allocation is 
reached in order to minimize impacts on overfished species was 
implemented at 69 FR 46448 (August 3, 2004).
    The following changes to current groundfish management measures 
were recommended by the Pacific Council, in consultation with Pacific 
Coast Treaty Indian Tribes and the states of Washington, Oregon, and 
California, at its September 12-17, 2004, meeting in San Diego, CA. 
Pacific Coast groundfish landings will be monitored throughout the 
year, and further adjustments to trip limits or management measures 
will be made as necessary to allow achievement of, or to avoid 
exceeding the 2004 optimum yields (OYs).
    In the May inseason action (69 FR 25013, May 5, 2004) NMFS provided 
additional fishing opportunity for the northern limited entry trawl 
fleet, which had been severely restricted to reduce the incidental 
catch of canary rockfish, by reducing the size of the trawl rockfish 
conservation area (the area closed to fishing for groundfish with trawl 
gear) or RCA, between the U.S. border with Canada and 40[deg]10' N. 
lat. The western, seaward boundary of the trawl RCA was moved from 
specific latitude and longitude coordinates approximating the 200-fm 
(366-m) depth contour to specific latitude and longitude coordinates 
approximating the 150-fm (274-m) depth contour. The reduction in the 
size of the trawl RCA for the remainder of the year was possible 
because new observer data indicated that the catch of overfished 
species, specifically darkblotched rockfish, was lower than predicted 
in this area. Darkblotched rockfish is a slope species that commonly 
inhabit waters between approximately 100 fm (183 m) and 220 fm (402 m). 
Additionally, canary rockfish are most commonly found in waters 50 fm 
(91 m) to 150 fm (274 m) in depth. Therefore, the reduction in the size 
of the trawl RCA was not predicted to result in

[[Page 59817]]

increased catch of canary rockfish nor was it predicted to cause any 
overfished groundfish species OY to be exceeded. In addition, after 
taking into account the updated trawl bycatch model results, which 
incorporated new observer data and considered the smaller trawl fleet 
after the trawl buyback, and landed catch data through the end of 
February 2004, limited entry trawl trip limits for certain deepwater, 
slope species were increased for the remainder of the year in the May 
inseason action.
    However, at the Pacific Council September 12-17, 2004, meeting, 
concern that the total mortality of canary and darkblotched rockfish 
would exceed their 2004 OYs before the end of the year resulted in the 
Pacific Council recommending inseason adjustments that are intended to 
drastically reduce the total mortality of these species. For 
darkblotched rockfish, the landed non-whiting commercial catch of 
darkblotched rockfish through August was 159.6 mt (161 mt landed catch 
reported in PacFIN on September 4, 2004, minus 0.7 mt for the shoreside 
whiting fishery catch minus 0.7 mt for EFP catch). When a discard 
proportion of 33 percent was applied to the landed catch value, based 
on the amount of landings and estimated discard in 2003, the estimated 
total non-whiting commercial catch of darkblotched rockfish through 
August was 238.2 mt. When the total mortality was projected through the 
end of the year under existing management measures and when combined 
with the estimated mortalities in other fisheries, the total mortality 
estimate for darkblotched rockfish in 2004 was 374 mt. The 2004 OY was 
set equal to the acceptable biological catch (ABC) of 240 mt; 
therefore, if no inseason action is taken, the total mortality estimate 
would be 134 mt over the ABC. This high total mortality estimate is 
assumed to be partially due to the inseason actions taken in May to 
reduce the size of the RCA and to increase the minor slope rockfish and 
splitnose trip limits. In order to reduce additional take over the 2004 
ABC/OY of 240 mt to near zero, this document announces inseason actions 
to revise existing management measures for darkblotched rockfish. The 
primary action to protect darkblotched rockfish is to extend the 
seaward boundary of the trawl RCA to eliminate trawling in areas where 
darkblotched are likely to occur. As an added precaution, the Council 
recommended decreases in trip limits for species that are known to co-
occur with darkblotched. The Council recommended increasing trip limits 
to allow harvest of more abundant stocks for species and/or in areas 
which are not expected to increase mortality of darkblotched rockfish. 
Finally the Council recommended closure of the mothership whiting 
fishery, and implementation of a bycatch cap on the amount of 
darkblotched that can be taken by the whiting fishery, as described 
below. The Council did not recommend changes to the fixed gear and open 
access non-trawl fisheries or the recreational fishery to protect 
darkblotched rockfish, because these fisheries have minimal take of 
darkblotched rockfish.
    The total commercial canary rockfish mortality is estimated to be 
16.3 mt through August. When the total mortality of canary rockfish was 
projected through the end of the year under existing management 
measures and when combined with the estimated mortalities in other 
fishery sectors, the total mortality of canary rockfish was estimated 
to be 54.7 mt. Therefore, if no inseason action is taken, the total 
mortality estimate would be 7.4 mt over the 2004 OY of 47.3 mt. In 
order to minimize the amount of take over the 2004 OY of 47.3 mt, this 
document announces inseason actions to revise existing management 
measures to reduce additional mortality of canary rockfish.
    Because of the total mortality projections for darkblotched and 
canary rockfish, the Pacific Council recommended changes to the trawl 
rockfish conservation areas (RCAs) coastwide, adjustments to trip 
limits, non-retention of darkblotched rockfish and canary rockfish in 
all commercial non-whiting fisheries, and restrictions on Pacific 
whiting fisheries. These inseason adjustments are expected to reduce 
the total mortality of darkblotched and canary rockfish, bringing the 
total mortality of darkblotched rockfish to as close to zero as 
possible for the remainder of the year and the total mortality of 
canary rockfish down to keep it within the biological requirements of 
the rebuilding plan. With the inseason actions described in detail 
below, the projected total mortality through the end of the year for 
darkblotched rockfish was reduced by 91.5 mt, but is still projected to 
be 42.5 mt over the ABC/OY of 240 mt. The projected total mortality 
through the end of the year for canary rockfish was reduced by 7.1 mt 
and is projected to be 0.3 mt over the OY of 47.3 mt. [Note: 
Recreational fisheries take smaller canary rockfish than the commercial 
fisheries. Therefore, harvest in the recreational fishery results in 
greater per-ton impact on the canary rockfish stock over the rebuilding 
period than harvest in the commercial fishery. Therefore, the numerical 
OY calculated under the rebuilding plan will differ depending on how 
much harvest is anticipated to be taken in the commercial fishery and 
how much is anticipated to be taken in the recreational fishery. If the 
2004 OY for canary rockfish were recalculated under the rebuilding plan 
based on the current estimates of recreational and commercial harvest, 
the canary OY would be approximately 49 mt., rather than the current 
47.3 mt. However, NMFS is not revising the OY, but notes that while the 
fishery is currently projected to exceed the 2004 canary OY by 0.3 mt, 
the projected harvest is still within the biological parameters of the 
rebuilding plan. See the preamble to the 2004 specifications and 
management measures proposed rule for more information, 69 FR 1380, 
January 8, 2004.]

Trawl RCAs Coastwide

    To minimize the commercial catch of darkblotched rockfish for the 
remainder of the year, the Pacific Council recommended that the seaward 
trawl RCA boundary move from specific latitude and longitude 
coordinates approximating the 150-fm (274-m) depth contour to the 250-
fm (457-m) depth contour between the U.S./Canada border and 38[deg] N 
lat. and that the seaward boundary move from specific latitude and 
longitude coordinates approximating the 150-fm (274-m) depth contour to 
the 200-fm (366-m) depth contour between 38[deg] N. lat. and 36[deg] N. 
lat. The seaward boundary will remain at specific latitude and 
longitude coordinates approximating the 150-fm (274-m) depth contour 
between 36[deg] N. lat. and the U.S./Mexico border for the remainder of 
the year. Additionally, the 250-fm (457-m) line North of 38[deg] N. 
lat. will not include previously scheduled modifications to open 
petrale fishing areas in Period 6 (November-December). Moving the 
seaward boundary line of the RCAs in these areas and not allowing 
access to petrale fishing grounds is expected to reduce any additional 
mortality of darkblotched rockfish for the remainder of the year to 
near zero.
    To minimize the commercial catch of canary rockfish for the 
remainder of the year, the Pacific Council recommended that the 
shoreward trawl RCA boundary be moved to the shoreline coastwide, 
except for minor exceptions for the open access trawl fleet described 
below.
    By moving the trawl RCA boundary to the shoreline, trawl fishing on 
the shelf shoreward of the RCA is eliminated,

[[Page 59818]]

making differential trip limits for large and small footrope 
unnecessary for the remainder of 2004. Therefore, the limited entry 
trawl trip limits described below apply regardless of footrope gear 
fished.
    In addition, California Department of Fish and Game has provided 
coordinates for the RCA boundary points approximating the 150-fm (274-
m) depth contour and the 200-fm (366-m) depth contour at 36[deg] N. 
lat. These additional coordinates draw the line of the seaward boundary 
of the RCA at 36[deg] N. lat. from a boundary line approximating the 
200-fm (366-m) depth contour to a boundary line approximating the 150-
fm (274-m) depth contour in order to protect darkblotched rockfish.

Limited Entry Trawl Trip Limit Adjustments

    Retention of darkblotched rockfish and canary rockfish will be 
prohibited in the limited entry non-whiting trawl fisheries for the 
remainder of 2004. In addition, the Pacific Council recommended changes 
to limited entry trawl trip limits intended to provide opportunity to 
harvest more abundant stocks while minimizing impacts to darkblotched 
rockfish. As mentioned previously, differential trip limits between 
small and large footrope have been removed because trawling will be 
prohibited in the areas shoreward of the trawl RCA, which had lower 
limits for small footrope. Therefore, all differential trip limits have 
been either changed or adjusted to match the large footrope limits. 
[Note: Some trip limits will be increases or decreases implemented mid-
cumulative limit period (i.e., October 1 for the September through 
October cumulative limit period). For trip limits that are increasing 
mid-cumulative limit period, vessels may land up to the increased 
amount (i.e., if the limit was previously 15,000 lb (6,804 kg) per 2-
month period for September through October and is being raised to 
17,000 lb (7,711 kg) per 2-month period beginning October 1, vessels 
that have already landed 15,000 lb (6,804 kg) before October 1 could 
take an additional 2,000 lb (907 kg)). Trip limits for the following 
species will be reductions implemented mid-cumulative limit period 
(i.e., October 1 for the September through October cumulative limit 
period). North of 40[deg]10' N. lat., minor shelf and widow rockfish, 
yellowtail rockfish and lingcod will be reduced mid-cumulative limit 
period. South of 40[deg]10' N. lat., bocaccio and lingcod will be 
reduced mid-cumulative limit period. For enforcement purposes, if a 
vessel has already landed the higher cumulative limits for these 
species between September 1 through 30, that vessel will be in 
compliance with the regulations, but may not land any additional fish 
under those limits for the remainder of the cumulative limit period. If 
a vessel did not land the higher cumulative limits for these species 
between September 1 through 30 and has an amount remaining to be landed 
that is less than the lower cumulative trip limits in place beginning 
October 1, that vessel may land additional fish so that the total 
caught from September 1 through October 31 does not exceed the reduced 
cumulative trip limits.]
    North of 40[deg]10' N. lat., trip limits will be changed as 
follows:
    (1) Trip limits for minor slope rockfish for November through 
December will be decreased from 8,000 lb (3,629 kg) per two-month 
period to 1,800 lb (816 kg) per 2-month period. This change is intended 
to reduce the take of darkblotched rockfish which co-occurs with slope 
species (darkblotched rockfish had previously been included in the 
minor slope trip limits).
    (2) Previously scheduled trip limits for sablefish for September 
through October were 15,000 lb (6,804 kg) per 2-month period for large 
footrope and 10,000 lb (4,536 kg) per 2-month period for small 
footrope. Previously scheduled trip limits for sablefish for November 
through December were 11,000 lb (4,990 kg) per 2-month period for large 
footrope and 5,000 lb (2,268 kg) per 2-month period for small footrope. 
Sablefish trip limits will be increased for October through December to 
17,000 lb (7,711 kg) per 2-month period for both large and small 
footrope combined. This change is intended to allow harvest opportunity 
on more abundant species in areas where additional mortality of 
darkblotched rockfish is reduced to near zero.
    (3) Previously scheduled trip limits for longspine thornyheads for 
September through December were 18,000 lb (8,165 kg) per 2-month period 
for large footrope and 1,000 lb (454 kg) per 2-month period for small 
footrope. Longspine thornyheads trip limits will be increased for 
October through December to 18,000 lb (8,165 kg) per 2-month period for 
both large and small footrope combined. This change is intended to 
allow harvest opportunity on more abundant species in areas where 
additional mortality of darkblotched rockfish is reduced to near zero.
    (4) Previously scheduled trip limits for shortspine thornyheads for 
September through October were 4,100 lb (1,860 kg) per 2-month period 
for large footrope and 3,000 lb (1,361 kg) per 2-month period for small 
footrope. Previously scheduled trip limits for shortspine thornyheads 
for November through December were 4,100 lb (1,860 kg) per 2-month 
period for large footrope and 1,000 lb (454 kg) per 2-month period for 
small footrope. Shortspine thornyhead trip limits will be increased for 
October through December to 5,100 lb (2,313 kg) per two month period 
for both large and small footrope combined. This change is intended to 
allow harvest opportunity on more abundant species in areas where 
additional mortality of darkblotched rockfish is reduced to near zero.
    (5) Previously scheduled trip limits for Dover sole for September 
through October were 31,000 lb (14,061 kg) per 2-month period for large 
footrope and 27,000 lb (12,247 kg) per 2-month period for small 
footrope. Previously scheduled trip limits for Dover sole for November 
through December were 50,000 lb (22,680 kg) per 2-month period for 
large footrope and 18,000 lb (8,165 kg) per 2-month period for small 
footrope. Dover sole trip limits will be increased for October through 
December to 40,000 lb (18,144 kg) per 2-month period for both large and 
small footrope combined. This change is intended to allow harvest 
opportunity on more abundant species in areas where additional 
mortality of darkblotched rockfish is reduced to near zero.
    (6) Previously scheduled trip limits for all other flatfish and rex 
sole for large footrope gear during November through December were 
100,000 lb (45,359 kg) per 2-month period and for Petrale sole was 
unlimited. Previously scheduled trip limits for all other flatfish, 
Petrale sole, and rex sole for small footrope gear during November 
through December were 70,000 lb (31,752 kg) per 2-month period, no more 
than 20,000 lb (9,072 kg) of which may be Petrale sole. All other 
flatfish, Petrale sole, and rex sole trip limits will be changed for 
November through December to 100,000 lb (45,359 kg) per 2-month period 
for both large and small footrope combined. This change is intended to 
reduce potential discard of groundfish that might be associated with 
flatfish fisheries.
    (7) Previously scheduled trip limits for arrowtooth flounder for 
large footrope gear during November through December was unlimited and 
for small footrope gear was 8,000 lb (3,629 kg) per 2-month period. 
Arrowtooth flounder trip limits will be changed for November through 
December to 100,000 lb (45,359 kg) per two month period for both large 
and small footrope combined.

[[Page 59819]]

 This change is intended to reduce potential discard of groundfish that 
might be associated with flatfish fisheries.
    (8) Previously scheduled trip limits for minor shelf rockfish and 
widow rockfish taken with large footrope gear for October through 
December were 300 lb (136 kg) per 2-month period. Previously scheduled 
trip limits for minor shelf rockfish and widow rockfish taken with 
small footrope gear for September through October were 1,000 lb (454 
kg) per month, no more than 200 lb (91 kg) per month of which may be 
yelloweye rockfish and for November through December were 300 lb (136 
kg) per month. Minor shelf rockfish and widow rockfish will be 300 lb 
(136 kg) per 2-month period for October through December for both small 
footrope and large footrope combined. This change is intended to make 
small footrope limits match large footrope limits since nearshore small 
footrope opportunities will no longer be available.
    (9) Trip limits for canary rockfish with small footrope gear for 
October through December were 100 lb (45 kg) per month and will now be 
closed. This change is intended to make small footrope limits match 
large footrope limits since nearshore small footrope opportunities will 
no longer be available.
    (10) Previously scheduled trip limits for yellowtail rockfish with 
small footrope gear for October through December were, ``In landings 
without flatfish, 1,000 lb (454 kg) per month. As flatfish bycatch, per 
trip limit is the sum of 33 percent (by weight) of all flatfish except 
arrowtooth flounder, plus 10 percent (by weight) of arrowtooth 
flounder. Total yellowtail landings not to exceed 10,000 lb (4,536 kg) 
per 2-month period, no more than 1,000 lb (454 kg) per month of which 
may be landed without flatfish.'' This trip limit will now be closed 
for October through December. This change is intended to make small 
footrope limits match large footrope limits since nearshore small 
footrope opportunities will no longer be available.
    (11) Trip limits for minor nearshore rockfish with small footrope 
gear for October through December were 300 lb (136 kg) per month and 
will now be closed. This change is intended to make small footrope 
limits match large footrope limits since nearshore small footrope 
opportunities will no longer be available.
    (12) Previously scheduled trip limits for lingcod with large 
footrope gear was 500 lb (227 kg) per 2-month period for September 
through December and with small footrope gear was 800 lb (363 kg) per 
2-month period. Lingcod trip limits for large and small footrope 
combined will be 500 lb (227 kg) per 2-month period for October through 
December. This change is intended to make small footrope limits match 
large footrope limits since nearshore small footrope opportunities will 
no longer be available.
    South of 40[deg]10' N. lat., trip limits will be changed as 
follows:
    (1) Trip limits for minor slope rockfish for November through 
December between 40[deg]10' N. lat and 38[deg] N. lat. will be 
decreased from 50,000 lb (22,680 kg) per 2-month period to 10,000 lb 
(4,536 kg) per 2-month period. Trip limits for minor slope rockfish 
south of 38[deg] N. lat. will remain at 50,000 lb (22,680 kg) per 2-
month period. This change is intended to reduce the take of 
darkblotched rockfish which co-occurs with slope species (darkblotched 
rockfish had previously been included in the minor slope trip limits).
    (2) Trip limits for splitnose for November through December between 
40[deg]10' N. lat and 38[deg] N. lat. will be decreased from 50,000 lb 
(22,680 kg) per two month period to 10,000 lb (4,536 kg) per 2-month 
period. Trip limits for splitnose south of 38[deg] N. lat. will remain 
at 50,000 lb (22,680 kg) per 2-month period. This change is intended to 
reduce the take of darkblotched rockfish which co-occurs with 
splitnose.
    (3) Sablefish trip limits will be increased for October through 
December from 13,000 lb (5,897 kg) per 2-month period to 17,000 lb 
(7,711 kg) per 2-month period. This change is intended to allow harvest 
opportunity on more abundant species in areas where additional 
mortality of darkblotched rockfish is reduced to near zero.
    (4) Shortspine thornyhead trip limits will be increased for October 
through December from 4,100 lb (1,860 kg) per 2-month period to 5,100 
lb (2,313 kg) per 2-month period. This change is intended to allow 
harvest opportunity on more abundant species in areas where additional 
mortality of darkblotched rockfish is reduced to near zero.
    (5) Dover sole trip limits will be decreased for November through 
December from 49,000 lb (22,226 kg) per 2-month period to 48,000 lb 
(21,772 kg) per 2-month period. This change is intended to reflect the 
harvest ratios of DTS (Dover sole, thornyheads, sablefish) complex 
species and to allow harvest opportunity on more abundant DTS species 
in areas where additional mortality of darkblotched rockfish is reduced 
to near zero
    (6) Previously scheduled trip limits for all other flatfish and rex 
sole during November through December were 120,000 lb (54,431 kg) per 
two month period and for Petrale sole was unlimited. All other 
flatfish, Petrale sole, and rex sole trip limits will be decreased for 
November through December to 120,000 lb (54,431 kg) per two month 
period, no more than 100,000 lb (45,359 kg) per two month period of 
which may be Petrale sole. This change is intended to reduce potential 
discard of groundfish that might be associated with flatfish fisheries.
    (7) Arrowtooth flounder trip limits will be decreased for November 
through December from unlimited to 100,000 lb (45,359 kg) per 2-month 
period. This change is intended to reduce potential discard of 
groundfish that might be associated with flatfish fisheries.
    (8) Previously scheduled trip limits for minor shelf rockfish, 
widow rockfish, and chilipepper rockfish with small footrope gear for 
October through December was 1,000 lb (454 kg) per month, no more than 
200 lb (91 kg) per month of which may be minor shelf and widow 
rockfish. Minor shelf rockfish will be a combined midwater, small and 
large footrope limit of 300 lb (136 kg) per month (equivalent to the 
previous large and midwater trip limit). Chilipepper rockfish will be a 
combined midwater, small and large footrope limit of 8,000 lb (3,629 
kg) per 2-month (equivalent to the previous large and midwater trip 
limit) and widow rockfish will be closed for all trawl gear. This 
change is intended to make small footrope limits match large footrope 
limits since nearshore small footrope opportunities will no longer be 
available.
    (9) Previously scheduled trip limits for bocaccio for October 
through November using large footrope gear was 300 lb (136 kg) per 2-
month period and using small footrope gear was closed. Trip limits for 
bocaccio for October through December will now be 300 lb (136 kg) per 
2-month period for both large and small footrope combined. This change 
is intended to make small footrope limits match large footrope limits 
since nearshore small footrope opportunities will no longer be 
available.
    (10) Trip limits for canary rockfish with small footrope gear for 
October through December were 100 lb (45 kg) per month and will now be 
closed. This change is intended to make small footrope limits match 
large footrope limits since nearshore small footrope opportunities will 
no longer be available.

[[Page 59820]]

    (11) Trip limits for minor nearshore rockfish with small footrope 
gear for October through December were 300 lb (136 kg) per month and 
will now be closed. This change is intended to make small footrope 
limits match large footrope limits since nearshore small footrope 
opportunities will no longer be available.
    (12) Previously scheduled trip limits for lingcod with large 
footrope gear was 500 lb (227 kg) per 2-month period for September 
through December and with small footrope gear was 800 lb (363 kg) per 
two month period. Lingcod trip limits for large and small footrope 
combined will be 500 lb (227 kg) per 2-month period for October through 
December. This change is intended to make small footrope limits match 
large footrope limits since nearshore small footrope opportunities will 
no longer be available.

Limited Entry Trawl Pacific Whiting Fishery

    At its June meeting, in response to the elevated catches of canary 
rockfish in the whiting fishery, the Council requested that NMFS 
implement an emergency rule that allows appropriate sectors of the 
commercial whiting fishery to be closed if the canary rockfish impacts 
reach 7.3 mt. Regulations at 50 CFR 660.323 (b)(ii) were revised on 
August 3, 2004 (69 FR 46448) by an emergency rule that established 
routine management measure authority to close the whiting primary 
season fisheries by sector before the sector's whiting allocation is 
reached, to minimize impacts on overfished species. This regulatory 
mechanism can be used to quickly close the commercial whiting primary 
season fisheries if NMFS estimates that the incidental catch of an 
overfished species is too high.
    Initially, the Council requested that NMFS close the appropriate 
sectors of the commercial whiting fishery if the canary rockfish 
impacts reach 7.3 mt. However, at their September meeting, concerns 
about the total catch of canary and darkblotched rockfish by all 
commercial sectors resulted in the Council recommending that the 
mothership sector of the fishery, which has already stopped fishing, be 
closed on October 1, 2004. In addition, if the total catch in all 
whiting fisheries reaches 6.2 mt of canary rockfish or 9.5 mt of 
darkblotched rockfish, the Council recommended that the catcher 
processor sector be closed. The shore-based sector was closed on August 
14, 2004.
    At the Pacific Council's September meeting, the Council initially 
considered recommending a closure of all whiting fisheries or moving 
the fishery outside of 250 fathoms, effective October 1, 2004, in order 
to protect darkblotched rockfish. While the mothership sector was not 
expected to continue fishing in September, the catcher-processor sector 
would continue to fish. Recommending a full or partial closure on 
October 1, 2004, would create an incentive to catch the remaining 
whiting allocation as fast as possible with little or no concern over 
the additional canary or darkblotched rockfish taken. The 
representatives of the catcher-processor sector asked the Council to 
institute a bycatch cap, rather than to close the fishery. They 
proposed the cap be the total amount projected to be harvested by the 
fleet by October 1, 2004, the planned date of the closure. They believe 
they can control the fishery to avoid reaching the cap which would 
allow them to take their allocation without increasing the harvest of 
darkblotched above what was projected to be taken by October 1, 2004. 
The catcher-processor sector of this fishery has two observers on each 
vessel, and provides real-time data to NMFS. Therefore, the bycatch cap 
in this fishery is possible. Implementing bycatch caps in a fishery 
that is monitored and has real time data creates an incentive to fish 
carefully and in areas where they won't take species of concern. Thus, 
while this fishery will be open longer than it would have been had it 
been closed on October 1, 2004, this action is not projected to result 
in additional mortality to darkblotched rockfish above what was 
anticipated by October 1, 2004.
    NMFS plans to use the regulatory authority at 50 CFR 660.323 
(b)(1)(ii), if appropriate, to close the primary whiting fisheries 
through a routine management measure as recommended by the Council. 
That is, if NMFS estimates, using the best available data, that 6.2 mt 
of canary rockfish or 9.5 mt of darkblotched rockfish have been taken 
in the 2004 whiting fisheries, NMFS will take inseason action and 
publish a Federal Register document to close the catcher-processor 
sector of the whiting fishery.
    Industry representatives attending the September meeting pledged to 
avoid areas known for bycatch of canary and darkblotched rockfish and 
to monitor and voluntarily close the fishery if any of these catch 
limits were reached. Additionally, the Pacific Council requested that 
the Pacific whiting fishery voluntarily remain in areas deeper than 150 
fathoms to minimize interactions with canary rockfish.

Limited Entry Fixed Gear Trip Limit Adjustments

    The Pacific Council recommended changes to the limited entry fixed 
gear trip limits. Retention of darkblotched rockfish is prohibited in 
the limited entry fixed gear fisheries for the remainder of 2004. North 
of 40[deg]10' N latitude, beginning November 1, 2004, the trip limit 
for shortspine thornyheads will be reduced from 2,100 lb (953 kg) per 
2-month period to 2,000 lb (907 kg) per 2-month period. This change is 
intended to make trip limits North of 40[deg]10' N. lat. match limits 
south of 40[deg]10' N. lat. for ease of enforcement and to reduce 
regulatory complexity. Between 40[deg]10' N. lat. and 38[deg] N. lat., 
beginning November 1, 2004, the trip limits for both minor slope 
rockfish and splitnose rockfish will be reduced from 50,000 lb (22,680 
kg) per 2-month period to 10,000 lb (4,536 kg) per 2-month period. 
South of 38[deg] N. lat., the trip limits for both minor slope rockfish 
and splitnose rockfish will remain at 50,000 lb (22,680 kg) per 2-month 
period. This change is intended to reduce the take of darkblotched 
rockfish in areas where it co-occurs with slope species and where it 
had been included in the minor slope trip limits.

Open Access Non-Retention and Trawl RCA

    Retention of darkblotched rockfish is prohibited in the open access 
fisheries for the remainder of 2004. Due to low estimated impacts to 
canary rockfish and darkblotched rockfish, the Pacific Council 
recommended that exempted trawl fisheries in the open access sector 
which target sea cucumbers, California halibut, and ridgeback prawns 
continue to have access to nearshore areas as follows. Between 
40[deg]10' N. lat. and 34[deg]27' N. lat., allow sea cucumber and 
California halibut trawl fisheries shoreward of an RCA boundary 
approximating the 30-fm (55-m) depth contour beginning October 1. 
Ridgeback prawn will be subject to the trawl RCA restrictions in this 
area, which will be closed to the shoreline between 40[deg]10' N. lat. 
and 34[deg]27' N. lat. Between 34[deg]27' N. lat. and the U.S./Mexico 
border, allow exempted trawl fisheries for sea cucumbers, California 
halibut, and ridgeback prawns shoreward of an RCA boundary 
approximating the 75-fm (137-m) depth contour as previously scheduled. 
In addition, the Pacific Council recommended no retention of rockfish 
in these fisheries for the remainder of the year in order to eliminate 
any incentive to target nearshore rockfish species which might increase 
mortality of canary rockfish.

[[Page 59821]]

 These depth and landing restrictions are intended to minimize 
additional mortality of canary and darkblotched rockfish by 
constraining the fishery to areas with low abundance of these species.

Oregon Recreational Fishery Adjustments

    Oregon Department of Fish and Wildlife (ODFW) manages their 
recreational groundfish fisheries with ``harvest caps'' for black 
rockfish, blue rockfish, nearshore rockfish, cabezon and greenling. 
Harvest caps are defined as the total catch for a given species, or 
species group, that may be taken in a single calendar year by the ocean 
boat fishery. Effective August 18, 2004, the cabezon harvest cap of 
15.8 mt was projected to be reached and retention of cabezon was 
prohibited. Effective September 3, 2004, the greenling and rockfish 
harvest caps (5.2 mt for greenling, 11.2 mt for nearshore rockfish and 
382.5 mt for black and blue rockfish) were projected to be reached and 
retention of all rockfish, lingcod, and greenling were prohibited. In 
an effort to allow some recreational fisheries with minimal impact to 
canary rockfish to operate, ODFW is allowing retention of yellowtail 
rockfish taken seaward of a boundary line approximating the 40-fm (73-
m) depth contour from October 1 through October 31, 2004. In addition, 
there will be continued access off Oregon for sablefish, flatfish and 
any groundfish not currently prohibited by state law in the area inside 
of a boundary line approximating the 40-fm (73-m) depth contour for the 
remainder of the year and both inside and outside of this same area 
through October 31, 2004. As recommended by the Pacific Council, NMFS 
will adjust Federal recreational groundfish regulations off Oregon to 
conform with ODFW regulations.

NMFS Actions

    For the reasons stated herein, NMFS concurs with the Pacific 
Council's recommendations and hereby announces the following changes to 
the 2004 specifications and management measures (69 FR 11064, March 9, 
2004), as amended at 69 FR 23440 (April 29, 2004), 69 FR 23667 (April 
30, 2004), 69 FR 25013 (May 5, 2004), 69 FR 28086 (May 18, 2004), 69 FR 
38857 (June 29, 2004), and at 69 FR 40805 (July 7, 2004), to read as 
follows:
    1. On pages 11099-11100, in section IV. NMFS Actions, under A. 
General Definitions and Provisions, paragraph (17)(ix) is revised to 
read as follows:
* * * * *
    (223) 36[deg]00.00' N. lat., 121[deg]35.15' W. long.;
    (224) 35[deg]57.74' N. lat., 121[deg]33.45' W. long.;
    (225) 35[deg]51.32' N. lat., 121[deg]30.08' W. long.;
    (226) 35[deg]45.84' N. lat., 121[deg]28.84' W. long.;
    (227) 35[deg]38.94' N. lat., 121[deg]23.16' W. long.;
    (228) 35[deg]26.00' N. lat., 121[deg]08.00' W. long.;
    (229) 35[deg]07.42' N. lat., 120[deg]57.08' W. long.;
    (230) 34[deg]42.76' N. lat., 120[deg]55.09' W. long.;
    (231) 34[deg]37.75' N. lat., 120[deg]51.96' W. long.;
    (232) 34[deg]29.29' N. lat., 120[deg]44.19' W. long.;
    (233) 34[deg]27.00' N. lat., 120[deg]40.42' W. long.;
    (234) 34[deg]21.89' N. lat., 120[deg]31.36' W. long.;
    (235) 34[deg]20.79' N. lat., 120[deg]21.58' W. long.;
    (236) 34[deg]23.97' N. lat., 120[deg]15.25' W. long.;
    (237) 34[deg]22.11' N. lat., 119[deg]56.63' W. long.;
    (238) 34[deg]19.00' N. lat., 119[deg]48.00' W. long.;
    (239) 34[deg]15.00' N. lat., 119[deg]48.00' W. long.;
    (240) 34[deg]08.00' N. lat., 119[deg]37.00' W. long.;
    (241) 34[deg]08.39' N. lat., 119[deg]54.78' W. long.;
    (242) 34[deg]07.10' N. lat., 120[deg]10.37' W. long.;
    (243) 34[deg]10.08' N. lat., 120[deg]22.98' W. long.;
    (244) 34[deg]13.16' N. lat., 120[deg]29.40' W. long.;
    (245) 34[deg]09.41' N. lat., 120[deg]37.75' W. long.;
    (246) 34[deg]03.15' N. lat., 120[deg]34.71' W. long.;
    (247) 33[deg]57.09' N. lat., 120[deg]27.76' W. long.;
    (248) 33[deg]51.00' N. lat., 120[deg]09.00' W. long.;
    (249) 33[deg]38.16' N. lat., 119[deg]59.23' W. long.;
    (250) 33[deg]37.04' N. lat., 119[deg]50.17' W. long.;
    (251) 33[deg]42.28' N. lat., 119[deg]48.85' W. long.;
    (252) 33[deg]53.96' N. lat., 119[deg]53.77' W. long.;
    (253) 33[deg]59.94' N. lat., 119[deg]19.57' W. long.;
    (254) 34[deg]03.12' N. lat., 119[deg]15.51' W. long.;
    (255) 34[deg]01.97' N. lat., 119[deg]07.28' W. long.;
    (256) 34[deg]03.60' N. lat., 119[deg]04.71' W. long.;
    (257) 33[deg]59.30' N. lat., 119[deg]03.73' W. long.;
    (258) 33[deg]58.87' N. lat., 118[deg]59.37' W. long.;
    (259) 33[deg]58.08' N. lat., 118[deg]41.14' W. long.;
    (260) 33[deg]50.93' N. lat., 118[deg]37.65' W. long.;
    (261) 33[deg]39.54' N. lat., 118[deg]18.70' W. long.;
    (262) 33[deg]35.42' N. lat., 118[deg]17.14' W. long.;
    (263) 33[deg]32.15' N. lat., 118[deg]10.84' W. long.;
    (264) 33[deg]33.71' N. lat., 117[deg]53.72' W. long.;
    (265) 33[deg]31.17' N. lat., 117[deg]49.11' W. long.;
    (266) 33[deg]16.53' N. lat., 117[deg]36.13' W. long.;
    (267) 33[deg]06.77' N. lat., 117[deg]22.92' W. long.;
    (268) 32[deg]58.94' N. lat., 117[deg]20.05' W. long.;
    (269) 32[deg]55.83' N. lat., 117[deg]20.15' W. long.;
    (270) 32[deg]46.29' N. lat., 117[deg]23.89' W. long.;
    (271) 32[deg]42.00' N. lat., 117[deg]22.16' W. long.;
    (272) 32[deg]39.47' N. lat., 117[deg]27.78' W. long.; and
    (273) 32[deg]34.83' N. lat., 117[deg]24.69' W. long.
* * * * *
    2. On pages 11102-11103, in section IV. NMFS Actions, under A. 
General Definitions and Provisions, paragraph (17)(xi) is revised to 
read as follows:
* * * * *
    (210) 36[deg]00.00' N. lat., 121[deg]36.95' W. long.;
    (211) 35[deg]57.07' N. lat., 121[deg]34.32' W. long.;
    (212) 35[deg]52.31' N. lat., 121[deg]32.45' W. long.;
    (213) 35[deg]51.21' N. lat., 121[deg]30.91' W. long.;
    (214) 35[deg]46.32' N. lat., 121[deg]30.30' W. long.;
    (215) 35[deg]33.74' N. lat., 121[deg]20.10' W. long.;
    (216) 35[deg]31.37' N. lat., 121[deg]15.23' W. long.;
    (217) 35[deg]23.32' N. lat., 121[deg]11.44' W. long.;
    (218) 35[deg]15.28' N. lat., 121[deg]04.45' W. long.;
    (219) 35[deg]07.08' N. lat., 121[deg]00.30' W. long.;
    (220) 34[deg]57.46' N. lat., 120[deg]58.23' W. long.;
    (221) 34[deg]44.25' N. lat., 120[deg]58.29' W. long.;
    (222) 34[deg]32.30' N. lat., 120[deg]50.22' W. long.;
    (223) 34[deg]27.00' N. lat., 120[deg]42.55' W. long.;
    (224) 34[deg]19.08' N. lat., 120[deg]31.21' W. long.;

[[Page 59822]]

    (225) 34[deg]17.72' N. lat., 120[deg]19.26' W. long.;
    (226) 34[deg]22.45' N. lat., 120[deg]12.81' W. long.;
    (227) 34[deg]21.36' N. lat., 119[deg]54.88' W. long.;
    (228) 34[deg]09.95' N. lat., 119[deg]46.18' W. long.;
    (229) 34[deg]09.08' N. lat., 119[deg]57.53' W. long.;
    (230) 34[deg]07.53' N. lat., 120[deg]06.35' W. long.;
    (231) 34[deg]10.54' N. lat., 120[deg]19.07' W. long.;
    (232) 34[deg]14.68' N. lat., 120[deg]29.48' W. long.;
    (233) 34[deg]09.51' N. lat., 120[deg]38.32' W. long.;
    (234) 34[deg]03.06' N. lat., 120[deg]35.54' W. long.;
    (235) 33[deg]56.39' N. lat., 120[deg]28.47' W. long.;
    (236) 33[deg]50.25' N. lat., 120[deg]09.43' W. long.;
    (237) 33[deg]37.96' N. lat., 120[deg]00.08' W. long.;
    (238) 33[deg]34.52' N. lat., 119[deg]51.84' W. long.;
    (239) 33[deg]35.51' N. lat., 119[deg]48.49' W. long.;
    (240) 33[deg]42.76' N. lat., 119[deg]47.77' W. long.;
    (241) 33[deg]53.62' N. lat., 119[deg]53.28' W. long.;
    (242) 33[deg]57.61' N. lat., 119[deg]31.26' W. long.;
    (243) 33[deg]56.34' N. lat., 119[deg]26.40' W. long.;
    (244) 33[deg]57.79' N. lat., 119[deg]26.85' W. long.;
    (245) 33[deg]58.88' N. lat., 119[deg]20.06' W. long.;
    (246) 34[deg]02.65' N. lat., 119[deg]15.11' W. long.;
    (247) 33[deg]59.02' N. lat., 119[deg]02.99' W. long.;
    (248) 33[deg]57.61' N. lat., 118[deg]42.07' W. long.;
    (249) 33[deg]50.76' N. lat., 118[deg]37.98' W. long.;
    (250) 33[deg]38.41' N. lat., 118[deg]17.03' W. long.;
    (251) 33[deg]37.14' N. lat., 118[deg]18.39' W. long.;
    (252) 33[deg]35.51' N. lat., 118[deg]18.03' W. long.;
    (253) 33[deg]30.68' N. lat., 118[deg]10.35' W. long.;
    (254) 33[deg]32.49' N. lat., 117[deg]51.85' W. long.;
    (255) 32[deg]58.87' N. lat., 117[deg]20.36' W. long.; and
    (256) 32[deg]35.53' N. lat., 117[deg]29.67' W. long.
    3. On pages 11108-11114, in section IV. NMFS Actions, under B. 
Limited Entry Fishery, at the end of paragraph (1), Table 3 (North), 
Table 3 (South), Table 4 (North), and Table 4 (South) are revised to 
read as follows:

IV. NMFS Actions

B. Limited Entry Fishery
    (1) * * *
* * * * *
BILLING CODE 3510-22-S

[[Page 59823]]

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[[Page 59824]]


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[[Page 59825]]


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[[Page 59826]]


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[[Page 59827]]


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[[Page 59829]]


[GRAPHIC] [TIFF OMITTED] TR06OC04.023

    4. On pages 11116-11118, in section IV. NMFS Actions, under C. Trip 
Limits in the Open Access Fishery, at the end of paragraph (1), Table 5 
(North) and Table 5 (South) are revised to read as follows:

IV. NMFS Actions

C. Trip Limits in the Open Access Fishery
    (1) * * *
* * * * *

[[Page 59830]]

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[[Page 59831]]


[GRAPHIC] [TIFF OMITTED] TR06OC04.025


[[Page 59832]]


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[[Page 59833]]


[GRAPHIC] [TIFF OMITTED] TR06OC04.027

    5. In section IV., under D. Recreational Fishery, paragraphs (2)(a) 
and (b) are revised to read as follows:
* * * * *
    (2) Oregon.
    (a) Seasons, closed areas. Recreational fishing for groundfish is 
open from January 1 through December 31 in all areas, except that from 
June 1 through September 30 and from November 1 through December 31, 
recreational fishing for groundfish is prohibited seaward of a 
recreational RCA boundary line approximating the 40-fm (73-m) depth 
contour, subject to the provisions in paragraph IV.D.(2)(b). 
Coordinates for the boundary line approximating the 40-fm (73-m) depth 
contour are listed in section IV.A.(17)(f). Recreational fishing for 
all groundfish may be prohibited inseason seaward of a boundary line 
approximating the 30-fm (55-m) depth contour. If a boundary line 
approximating the 30-fm (55-m) depth contour is implemented inseason, a 
document will be published in the Federal Register pursuant to the 
requirements of the APA. Coordinates for the boundary line 
approximating the 30-fm (55-m) depth contour are listed in section 
IV.A.(17)(f).
    (b) Bag limits, size limits. The bag limits for each person engaged 
in recreational fishing in the EEZ seaward of Oregon are 10 marine fish 
per day, which excludes salmon, tuna, perch species, sturgeon, 
sanddabs, lingcod, greenling, cabezon, all rockfish (except yellowtail 
rockfish outside 40-fm during October 1 through 31), striped bass and 
baitfish (herring, smelt, anchovies and sardines), but which includes 
yellowtail rockfish (outside of a boundary line approximating the 40-fm 
depth contour, as described in paragraph D.(2)(a), during October 1 
through 31 only) and other groundfish species (including sablefish and 
flatfish). Taking and retaining all rockfish (except yellowtail 
rockfish), greenling, cabezon, and lingcod is prohibited. During the 
all-depth recreational fisheries for Pacific halibut, vessels with 
halibut on board may not take and retain, possess or land yelloweye 
rockfish or canary rockfish.
* * * * *

Classification

    These actions are authorized by the Pacific Coast groundfish FMP 
and its implementing regulations, and are based on the most recent data 
available. The aggregate data upon which these actions are based are 
available for public inspection at the Office of the Administrator, 
Northwest Region, NMFS, (see ADDRESSES) during business hours.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
to waive the requirement to provide prior notice and opportunity for 
public comment on this action pursuant to 5 U.S.C. 553(b)(3)(B). 
Providing prior notice and comment on the inseason adjustments would be 
impracticable because the data upon which these recommendations were 
based were provided to the Pacific Council at its September 12-17, 
2004, meeting in San Diego, CA. As described below, there was not 
sufficient time after that meeting to draft this document and undergo 
proposed and final rulemaking before these regulations are supposed to 
be effective, October 1, 2004. Many of the previously scheduled RCAs 
for the October through December period are more liberal (smaller) than 
the RCAs contained in this inseason action. The delay required by 
notice and comment would allow sufficient fishing time so that most 
participants in the fishery could fish in areas with a higher encounter 
rate of darkblotched and canary rockfish, both of which are projected 
to exceed their 2004 OYs, before this inseason action would be in 
effect. Therefore, for the actions to be implemented in this document 
to reduce mortality of darkblotched and canary rockfish, providing 
prior notice and opportunity for comment would be impracticable because 
it would take too long, thus impeding the Agency's function of managing 
fisheries to approach without exceeding the OYs for federally managed 
species.
    Adjustments to management measures in this inseason action include 
changes to the management measures for the limited entry groundfish 
fisheries and Oregon's recreational fishery. Changes to limited entry 
trawl trip limits implemented with this inseason action are a mix of 
more conservative and more liberal trip limits than previously 
scheduled. More liberal trip limits, such as for DTS (Dover sole, 
thornyheads, and sablefish) complex species must be implemented in a 
timely manner to allow fishermen continued harvest opportunities 
throughout the year for species that are tracking below their OYs and 
in areas where there is minimal impact to overfished species. More 
conservative trip limits, such as for minor slope rockfish, minor shelf 
rockfish, and arrowtooth flounder, and bycatch caps for the whiting 
fishery must be implemented in a timely manner to keep harvest of those 
species within their 2004 OYs and/or to allow the fisheries to continue 
throughout the year.
    For these reasons, good cause also exists to waive the 30-day delay 
in effectiveness requirement under 5 U.S.C. 553 (d)(3).
    These actions are taken under the authority of 50 CFR 660.323(b)(1) 
and are exempt from review under Executive Order 12866.

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

    Dated: October 1, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-22477 Filed 10[dash]1-04; 3:51 pm]
BILLING CODE 3510-22-S


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