62000 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT:

Jennifer Schneider, Attorney, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

(202) 418–7400.

SUPPLEMENTARY INFORMATION: This 

summary contains a correction to the 

dates and supplementary sections of a 

Federal Register summary, 69 FR 55983 

(September 17, 2004). The full text of 

the Commission’s Order on 

Reconsideration and Fourth Report and 

Order in CC Docket Nos. 96–45, 97–21, 

and 02–6, FCC 04–181 released on July 

30, 2004 is available for public 

inspection during regular business 

hours in the FCC Reference Center, 

Room CY–A257, 445 Twelfth Street, 

SW., Washington, DC 20554.

■ In rule FR Doc. 04–21005 published 

September 17, 2004 (69 FR 55983) make 

the following corrections.

■ 1. On page 55983, in the first column, 

in the dates section, remove ‘‘September 

17, 2004’’ and add in its place ‘‘October 

17, 2004.’’

■ 2. On page 55985, in the second 

column, in paragraph 24, remove 

‘‘September 17, 2004’’ and add in its 

place ‘‘October 17, 2004.’’

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–23608 Filed 10–21–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 001005281-0369-02; I.D. 

101804C]

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial 

fishery for king mackerel in the 

exclusive economic zone (EEZ) in the 

western zone of the Gulf of Mexico. This 

closure is necessary to protect the Gulf 

king mackerel resource.

DATES: The closure is effective 12 noon, 

local time, October 20, 2004, through 

June 30, 2005.

FOR FURTHER INFORMATION CONTACT:

Steve Branstetter, phone 727-570-5305, 

fax: 727-570-5583, e-mail: 

Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and 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, NMFS implemented 

a commercial quota for the Gulf of 

Mexico migratory group of king 

mackerel in the western zone of 1.01 

million lb (0.46 million kg) (66 FR 

17368, March 30, 2001).

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined that the 

commercial quota of 1.01 million lb 

(0.46 million kg) for Gulf group king 

mackerel in the western zone will be 

reached on October 19, 2004. 

Accordingly, the commercial fishery for 

Gulf group king mackerel in the western 

zone is closed effective 12 noon, local 

time, October 20, 2004, through June 30, 

2005, the end of the fishing year. The 

boundary between the eastern and 

western zones is 87°31′06′′ W. long., 

which is a line directly south from the 

Alabama/Florida boundary.

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for Gulf group 

king mackerel in the EEZ in the closed 

zones or subzones. A person aboard a 

vessel that has a valid charter vessel/

headboat permit for coastal migratory 

pelagic fish may continue to retain king 

mackerel in or from the closed zones or 

subzones under the bag and possession 

limits set forth in 50 CFR 622.39(c)(1)(ii) 

and (c)(2), provided the vessel is 

operating as a charter vessel or 

headboat. A charter vessel or headboat 

that also has a commercial king 

mackerel permit is considered to be 

operating as a charter vessel or headboat 

when it carries a passenger who pays a 

fee or when there are more than three 

persons aboard, including operator and 

crew.

During the closure, king mackerel 

from the closed zones or subzones taken 

in the EEZ, including those harvested 

under the bag and possession limits, 

may not be purchased or sold. This 

prohibition does not apply to trade in 

king mackerel from the closed zones or 

subzones that were harvested, landed 

ashore, and sold prior to the closure and 

were held in cold storage by a dealer or 

processor.

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 would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action in 

order to protect the fishery since the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

will require time and would potentially 

result in a harvest well in excess of the 

quota.

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30 day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3).

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.

Dated: October 18, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–23610 Filed 10–18–04; 3:20 pm]

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