Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61607

Example 1: Midshipman graduates on June 

30, 2004. His or her first reporting date is 

between January 1, 2005 and March 1, 2005 

and each following period between January 

1 and March 1 for six (6) consecutive years 

thereafter (or until all components of the 

service obligation are fulfilled, whichever is 

latest) for a minimum of seven (7) reports.

Example 2: Midshipman has a deferred 

graduation on November 30, 2004. His or her 

first reporting date is between January 1, 

2005 and March 1, 2005 and each following 

period between January 1 and March 1 for six 

(6) consecutive years thereafter (or until all 

components of the service obligation are 

fulfilled, whichever is latest) for a minimum 

of seven (7) reports.

Example 3: Midshipman has a deferment 

following graduation on June 30, 2004, to 

attend graduate school for two (2) years. His 

or her first reporting date is between January 

1, 2005 and March 1, 2005 and during the 

same time frame between January 1 and 

March 1 for two (2) years during graduate 

school, and then during the same January 1 

to March 1 time frame for six (6) consecutive 

years thereafter (or until all components of 

the service obligation are fulfilled, whichever 

is latest) for a total of nine (9) reports.

(ii) The Maritime Administration will 

provide reporting forms. However, nonreceipt of such forms will not exempt a 

graduate from submitting information as 

required by this paragraph. The 

reporting form has been approved by the 

Office of Management and Budget 

(2133–0509).

* * * * *

By Order of the Maritime Administrator.

Dated: October 13, 2004. 

Joel C. Richard, 

Secretary, Maritime Administration.

[FR Doc. 04–23362 Filed 10–19–04; 8:45 am] 

BILLING CODE 4910–81–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

101504A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; ‘‘Other Species’’ in 

the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Prohibition of retention.

SUMMARY: NMFS is prohibiting retention 

of ‘‘other species’’ in the Bering Sea and 

Aleutian Islands management area 

(BSAI). NMFS is requiring that catch of 

‘‘other species’’ in this area be treated in 

the same manner as prohibited species 

and discarded at sea with a minimum of 

injury. This action is necessary because 

the 2004 total allowable catch (TAC) of 

‘‘other species’’ in this area has been 

reached.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 16, 2004, until 

2400 hrs, A.l.t., December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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.

The 2004 TAC of ‘‘other species’’ in 

the BSAI was established as 23,124 

metric tons by the final 2004 harvest 

specifications for groundfish in the 

BSAI (69 FR 9242, February 27, 2004).

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the ‘‘other species’’

TAC in the BSAI has been reached. 

Therefore, NMFS is requiring that 

further catches of ‘‘other species’’ in the 

BSAI be treated as a prohibited species 

in accordance with § 679.21(b). ‘‘Other 

species’’ includes sculpins, sharks, 

skates and octopus.

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 a 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 prohibition of retention of 

‘‘other species’’ in the BSAI.

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 15, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–23478 Filed 10–15–04; 2:57 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

101504B]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Reallocation of Pacific cod.

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using trawl and jig gear to 

vessels using hook-and-line and pot gear 

in the BSAI. These actions are necessary 

to allow the 2004 total allowable catch 

(TAC) of Pacific cod to be harvested.

DATES: Effective October 15, 2004, until 

2400 hours, A.l.t., December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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.

The 2004 final harvest specifications 

for groundfish of the BSAI (69 FR 9242, 

February 27, 2004), established the 

Pacific cod TAC as 199,338 metric tons 

(mt). Pursuant to § 679.20(a)(7)(i)(A), 

3,987 mt was allocated to vessels using 

jig gear, 101,662 mt to vessels using 

hook-and-line or pot gear, and 93,689 

mt to vessels using trawl gear. The share 

of the Pacific cod TAC allocated to trawl 

gear was further allocated 50 percent to 

61608 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

catcher vessels and 50 percent to 

catcher/processor vessels 

(§ 679.20(a)(7)(i)(B)). The share of the 

Pacific cod TAC allocated to hook-andline or pot gear was further allocated 80 

percent to catcher/processor vessels 

using hook-and-line gear; 0.3 percent to 

catcher vessels using hook-and-line 

gear; 3.3 percent to catcher/processor 

vessels using pot gear; 15 percent to 

catcher vessels using pot gear; and 1.4 

percent to catcher vessels less than 60 

ft (18.3 meters (m)) length overall (LOA) 

that use either hook-and-line or pot gear 

(§ 679.20(a)(7)(i)(C)).

On April 7, 2004, 1,545 mt of Pacific 

cod from the A season apportionment of 

the jig gear allocation was reallocated to 

catcher vessels less than 60 ft (18.3 m) 

LOA using hook-and-line or pot gear (69 

FR 19116, April 12, 2004).

As of October 7, 2004, the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that trawl catcher/

processors will not be able to harvest 

5,700 mt and trawl catcher vessels will 

not be able to harvest 7,000 mt of Pacific 

cod allocated to those vessels under 

§ 679.20(a)(7)(i)(B). Therefore, in 

accordance with § 679.20(a)(7)(ii)(C)(2), 

NMFS apportions 12,700 mt of Pacific 

cod from trawl gear to catcher/processor 

vessels using hook-and-line gear and 

vessels using pot gear.

The Regional Administrator has also 

determined that vessels using jig gear 

will not harvest 2,000 mt of their Pacific 

cod allocation by the end of the year. 

Also, catcher vessels less than 60 feet 

(18.3 m) LOA using hook-and-line or 

pot gear will not be able to harvest any 

additional Pacific cod. Therefore, in 

accordance with § 679.20(a)(7)(ii)(C)(1) 

and § 679.20(a)(7)(ii)(B), NMFS is 

reallocating the unused amount of 2,000 

mt of Pacific cod allocated to vessels 

using jig gear to catcher/processor 

vessels using hook-and-line gear.

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (69 FR 9242, February 27, 2004) 

are revised as follows: 442 mt to vessels 

using jig gear, 94,995 mt to catcher/

processor vessels using hook-and-line 

gear, 15,695 mt to catcher vessels using 

pot gear, 3,452 mt to catcher processor 

vessels using pot gear, 41,144 mt to 

catcher/processor vessels using trawl 

gear, and 39,844 mt to catcher vessels 

using trawl gear.

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 a 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 reallocation of Pacific cod 

specified for trawl and jig vessels to 

vessels using hook-and-line and pot gear 

in the BSAI and therefore would cause 

disruption to the industry by requiring 

unnecessary closures, disruption within 

the fishing industry, and the potential 

for regulatory discards when the current 

allocations are reached. This 

reallocation will relieve a restriction on 

the industry and allow for the orderly 

conduct and efficient operation of this 

fishery.

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 15,2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–23467 Filed 10–15–04; 2:57 pm]

BILLING CODE 3510–22–S