[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Rules and Regulations]
[Pages 5298-5299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2292]


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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.

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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 Sec. 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

[[Page 5299]]

randomly assigned each vessel to the directed fishery or fisheries for 
which they have registered. NMFS notified each vessel owner as to which 
fishery each vessel has been assigned (69 FR 2849, January 21, 2004).
    In accordance with Sec. 679.20(a)(8)(ii)(C)(1) and as established 
by the Interim 2004 Harvest Specifications for Groundfish (68 FR 
68,265, December 8, 2003), the HLA limit of the interim TAC in area 543 
is 5,097 metric tons (mt). Based on this limit and the proportion of 
the number of vessels in each fishery compared to the total number of 
vessels participating in the HLA directed fishery for area 543, the 
harvest limit for the first HLA directed fishery in area 543 is 2,549 
mt. In accordance with Sec. 679.20(a)(8)(iii)(E), the Regional 
Administrator is rescinding the February 2, 2004, closure announced 
previously for this fishery (69 FR 2850, January 21, 2004), and is 
establishing a revised time and date for the closure of the first 
directed fishery for Atka Mackerel within the HLA in Statistical Area 
543 of the BSAI as 12 noon, A.l.t., January 30, 2004, based on the 
amount of the harvest limit and the estimated fishing capacity of the 
vessels assigned to the fisheries.

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, would 
delay the closure of the fishery under the interim 2004 Atka mackerel 
HLA limit established for area 543 of the BSAI and would prevent the 
Agency from ensuring that the 2004 Atka mackerel HLA limit established 
for area 543 not be exceeded.
    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. 679.20 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. 04-2292 Filed 1-30-04; 3:30 pm]
BILLING CODE 3510-22-S