Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Rules and Regulations 5297

and pests, Reporting and recordkeeping 

requirements.

Dated: January 21, 2004. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs.

■ Therefore, 40 CFR chapter I is 

amended as follows:

PART 180—AMENDED

■ 1. The authority citation for part 180 

continues to read as follows:

Authority: 21 U.S.C. 321(q), 346(a) and 

371.

■ 2. Section 180.572 is amended by 

alphabetically adding the following 

commodity to the table in paragraph (b) 

to read as follows:

§ 180.572 Bifenazate; tolerances for 

residues.

* * * * *

(b) * * *

Commodity Parts per million Expiration/Revocation Date 

Potato ........................................................................................................................................................... 0.05 12/31/06

*****

* * * * *

[FR Doc. 04–2271 Filed 2–3–04; 8:45 am] 

BILLING CODE 6560–50–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 001005281–0369–02; I.D. 

012904D]

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Increase

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason action; trip limit 

increase.

SUMMARY: NMFS increases the trip limit 

in the commercial hook-and-line fishery 

for king mackerel in the Florida east 

coast subzone from 50 to 75 fish per day 

in or from the exclusive economic zone 

(EEZ). This trip limit increase is 

necessary to maximize the 

socioeconomic benefits of the quota.

DATES: This rule is effective 12:01 a.m., 

local time, February 1, 2004, through 

March 31, 2004, unless changed by 

further notification in the Federal 

Register.

FOR FURTHER INFORMATION CONTACT:

Mark Godcharles, telephone: 727–570–

5305, fax: 727–570–5727, e-mail: 

Mark.Godcharles@noaa.gov.

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, dolphin, and, in the 

Gulf of Mexico only, bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622.

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. The quota 

implemented for the Florida east coast 

subzone is 1,040,625 lb (472,020 kg) (50 

CFR 622.42(c)(1)(i)(A) (1)).

In accordance with 50 CFR 

622.44(a)(2)(i), beginning on February 1, 

if less than 75 percent of the Florida east 

coast subzone’s quota has been 

harvested by that date, king mackerel in 

or from that subzone’s EEZ may be 

possessed on board or landed from a 

permitted commercial vessel in amounts 

not exceeding 75 fish per day. The 75–

fish daily trip limit will continue until 

a closure of the subzone’s fishery has 

been effected or the fishing year ends on 

March 31, 2004.

NMFS has determined that 75 percent 

of the quota for Gulf group king 

mackerel for vessels using hook-andline gear in the Florida east coast 

subzone was not reached before 

February 1, 2004. Accordingly, a 75–fish 

trip limit applies to vessels in the 

commercial hook-and-line fishery for 

king mackerel in or from the EEZ in the 

Florida east coast subzone effective 

12:01 a.m., local time, February 1, 2004. 

The 75–fish trip limit will remain in 

effect until the fishery closes or until the 

end of the current fishing season (March 

31, 2004) for this subzone. From 

November 1 through March 31, the 

Florida east coast subzone of the Gulf 

group king mackerel is that part of the 

eastern zone north of 25°20.4′ N. lat. (a 

line directly east from the Miami-Dade 

County, FL, boundary).

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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

increase. Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because it 

requires time, thus delaying fishermen’s 

ability to catch more king mackerel than 

present trip limits allow and preventing 

fishermen from reaping the socioeconomic benefits derived from this 

increase in catch.

As this action allows fishermen to 

increase their harvest of king mackerel 

from 50 fish per day to 75 fish per day 

in or from the EEZ of the Florida east 

coast subzone, the AA finds that it 

relieves a restriction and may go into 

effect on its effective date pursuant to 5 

U.S.C. 553(d)(1). This action is taken 

under 50 CFR 622.43(a) and is exempt 

from review under Executive Order 

12866.

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

5298 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Rules and Regulations 

Dated: January 30, 2004.

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–2294 Filed 1–30–04; 3:30 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No.031126297–3297–01; I.D. 

013004B]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Offshore 

Component in the Central Regulatory 

Area of 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 Pacific cod by vessels 

catching Pacific cod for processing by 

the offshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the interim 2004 total 

allowable catch (TAC) of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component of the Central Regulatory 

Area of the GOA.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 2, 2004, until 

superseded by the notice of Final 2004 

Harvest Specifications of Groundfish for 

the GOA, which will be published in 

the Federal Register.

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 interim 2004 TAC of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component in the Central Regulatory 

Area is 1,213 metric tons (mt) as 

established by the interim 2004 harvest 

specifications of groundfish for the GOA 

(68 FR 67964, December 5, 2003).

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the interim 2004 TAC 

of Pacific cod apportioned to vessels 

catching Pacific cod for processing by 

the offshore component of the Central 

Regulatory Area of the GOA will be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 1,083 mt, and is 

setting aside the remaining 130 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance will soon be reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels catching Pacific cod for 

processing by the offshore component in 

the Central Regulatory Area of the GOA.

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 the Agency 

from responding to the most recent 

fisheries data in a timely fashion and 

would delay the closure of the fishery 

under the interim 2004 TAC of Pacific 

cod apportioned to vessels catching 

Pacific cod for processing by the 

offshore component of the Central 

Regulatory Area of 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 section 

679.20 and is exempt from review under 

Executive Order 12866.

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

Dated: January 30, 2004.

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–2293 Filed 1–30–04; 3:30 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031126295–3295–01; I.D. 

012904C]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Rescission and revision of a 

closure.

SUMMARY: The National Marine 

Fisheries Service (NMFS) is rescinding 

a February 2, 2004, closure announced 

previously for the first directed fishery 

for Atka mackerel within the harvest 

limit area (HLA) in Statistical Area 543 

of the Bering Sea and Aleutian Islands 

management area (BSAI), and is 

establishing a revised date for the 

closure at 12 noon, A.l.t., January 30, 

2004. This action is necessary to prevent 

exceeding the interim 2004 Atka 

mackerel HLA limit established for area 

543 pursuant to the interim 2004 Atka 

mackerel total allowable catch (TAC). 

The closure date for the first directed 

fishery in the HLA in area 542, effective 

1200 hrs, A.l.t., February 2, 2004, and 

the opening and closures dates of the 

second directed fisheries in the HLA in 

area 542 and area 543 effective, 1200 

hrs, A.l.t., February 4, 2004, until 1200 

hrs, A.l.t., February 13, 2004, remain 

unchanged.

DATES: The first directed fishery for 

Atka mackerel in the HLA in area 543 

closes 1200 hrs, A.l.t., January 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for the Groundfish Fishery of the 

Bering Sea and Aleutian Islands Area 

(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.

In accordance with § 679.20(a)(8)(iii), 

vessels using trawl gear for directed 

fishing for Atka mackerel previously 

registered with NMFS to fish in the HLA 

fisheries in areas 542 and/or 543. NMFS