60970 Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Rules and Regulations 

Issued on: October 6, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 04–23079 Filed 10–13–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031126297–3297–01; I.D. 

100704A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA) for 24 

hours. This action is necessary to fully 

use the 2004 total allowable catch (TAC) 

of pollock specified for Statistical Area 

610.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 10, 2004, through 

1200 hrs, A.l.t., October 11, 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.

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

October 6, 2004 (filed for public 

inspection with the Office of the Federal 

Register on October 6, 2004, and is 

scheduled for publication in the Federal 

Register on October 12, 2004).

NMFS has determined that 

approximately 1,100 mt of pollock 

remain in the 2004 directed fishing 

allowance. This amount is large enough 

to provide for a manageable directed 

pollock fishery in Statistical Area 610. 

Therefore, in accordance with 

679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and 

to fully utilize the 2004 TAC of pollock 

specified for Statistical Area 610, NMFS 

is terminating the previous closure and 

is reopening directed fishing for pollock 

in Statistical Area 610 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 24 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 610 of the 

GOA effective 1200 hrs, A.l.t., October 

11, 2004.

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 opening of pollock in 

Statistical Area 610.

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 § 679.20 

and is exempt from review under 

Executive Order 12866.

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

Dated: October 7, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–23057 Filed 10–8–04; 1:42 pm]

BILLING CODE 3510–22–S