Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59835

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 30, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–22479 Filed 10–1–04; 3:29 pm]

BILLING CODE 3510–22–S

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 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 Pacific halibut bycatch mortality 

allowance for groundfish included in 

the other hook-and-line fishery, which 

is defined at § 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-andline fishery includes all groundfish 

except for demersal shelf rockfish in the 

Southeast Outside District or sablefish.

In accordance with § 679.21(d)(7)(ii), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2004 

Pacific halibut bycatch mortality 

allowance specified for the hook-andline 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 § 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