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

§ 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 § 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 § 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No.031126297–3297–01; I.D. 

013004A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific cod by 

Vessels Catching Pacific cod for 

Processing by the Inshore 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 inshore 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 inshore 

component of the Central Regulatory 

Area of the GOA.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 31, 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 inshore 

component in the Central Regulatory 

Area is 10,916 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 inshore component of the Central 

Regulatory Area of the GOA will be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 9,016 mt, and is 

setting aside the remaining 1,900 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 inshore 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 inshore 

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 § 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. 04–2291 Filed 1–30–04; 3:30 pm]

BILLING CODE 3510–22–S