67284 Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Rules and Regulations 

received by dealers from U.S. vessels, as 

defined under § 600.10 of this chapter, 

on the first through the 15th of each 

month, must be postmarked not later 

than the 25th of that month. Reports of 

such fish received on the 16th through 

the last day of each month must be 

postmarked not later than the 10th of 

the following month. If a dealer issued 

an Atlantic tunas, swordfish or sharks 

dealer permit under § 635.4 has not 

received any Atlantic HMS from U.S. 

vessels during a reporting period as 

specified in this section, he or she must 

still submit the report required under 

paragraph (b)(1)(i) of this section stating 

that no Atlantic HMS were received. 

This negative report must be 

postmarked for the applicable reporting 

period as specified in this section. This 

negative reporting requirement does not 

apply for bluefin tuna.

* * * * *

(2) * * *

(i) * * *

(B) Bi-weekly reports. Each dealer 

issued an Atlantic tunas permit under 

§ 635.4 must submit a bi-weekly report 

on forms supplied by NMFS for BFT 

received from U.S. vessels. For BFT 

received from U.S. vessels on the first 

through the 15th of each month, the 

dealer must submit the bi-weekly report 

form to NMFS postmarked not later than 

the 25th of that month. Reports of BFT 

received on the 16th through the last day 

of each month must be postmarked not 

later than the 10th of the following 

month.

* * * * *

■ 13. In § 635.20, paragraph (f)(2) is 

revised to read as follows:

§ 635.20 Size limits.

* * * * *

(f) * * *

(2) Except for a swordfish landed in 

a Pacific state and remaining in the state 

of landing, a swordfish, or part thereof, 

weighing less than 33 lb (15 kg) dressed 

weight will be deemed to be an Atlantic 

swordfish harvested by a vessel of the 

United States and to be in violation of 

the minimum size requirement of this 

section unless such swordfish, or part 

thereof, is accompanied by a swordfish 

statistical document attesting that the 

swordfish was lawfully imported. Refer 

to § 300.186 of this title for the 

requirements related to the swordfish 

statistical document.

* * * * *

■ 14. In § 635.31 paragraphs (a)(3) and 

(a)(4)(ii) are revised to read as follows:

§ 635.31 Restrictions on sale and 

purchase.

* * * * *

(a) * * *

(3) Dealers or seafood processors may 

not purchase or sell a BFT smaller than 

the large medium size class unless it is 

lawfully imported and is accompanied 

by a bluefin tuna statistical document, 

as specified in § 300.185(a) of this title.

(4) * * *

(ii) It is accompanied by a bluefin 

tuna statistical document, as specified 

in § 300.185(a) of this title.

* * * * *

§ 635.41 [Removed]

■ 15. Section 635.41 is removed.

§ 635.45 [Redesignated as § 635.41]

■ 16. Section 635.45 is redesignated as 

§ 635.41.

§§ 635.42, 635.43, 635.44, 635.46, and 635.47

[Removed]

■ 17. Sections 635.42, 635.43, 635.44, 

635.46, and 635.47 are removed.

■ 18. In § 635.71, paragraphs (b)(2), 

(b)(25), (e)(10) and (e)(12) are removed 

and reserved and paragraphs (a)(24), 

(b)(26) and (e)(1) are revised to read as 

follows:

§ 635.71 Prohibitions.

* * * * *

(a) * * *

(24) Import, or attempt to import, any 

fish or fish products regulated under 

this part in a manner contrary to any 

import requirements or import 

restrictions specified at § 635.40 or 

§ 635.41.

* * * * *

(b) * * *

(26) Import a bluefin tuna or bluefin 

tuna product into the United States from 

Belize, Panama, or Honduras other than 

as authorized in § 635.41.

* * * * *

(e) * * *

(1) Purchase, barter for, or trade for a 

swordfish from the north or south 

Atlantic swordfish stock without a 

dealer permit as specified in § 635.4(g).

* * * * *

[FR Doc. 04–25523 Filed 11–16–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 021101264–3016–02; I.D. 

111004D]

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; Total 

Allowable Catch Harvested for Period 

2 Management Area 1A

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure of directed fishery for 

Management Area 1A.

SUMMARY: NMFS announces that 95 

percent of the Atlantic herring total 

allowable catch (TAC) allocated to 

Management Area 1A (Area 1A) for 

2004 is projected to be harvested by 

November 19, 2004. Therefore, effective 

0001 hours, November 19, 2004, 

federally permitted vessels may not fish 

for, catch, possess, transfer or land more 

than 2,000 lb (907.2 kg) of Atlantic 

herring in or from Area 1A per trip or 

calendar day until January1, 2005, when 

the 2005 period TAC becomes available, 

except for transiting purposes as 

described in this notice. Regulations 

governing the Atlantic herring fishery 

require publication of this notification 

to advise vessel and dealer permit 

holders that no TAC is available for the 

directed fishery for Atlantic herring 

harvested from Area 1A.

DATES: Effective 0001 hrs local time, 

November 19, 2004, through 2400 hrs 

local time, December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fisheries Management Specialist, 

at (978) 281–9221.

SUPPLEMENTARY INFORMATION:

Regulations governing the Atlantic 

herring fishery are found at 50 CFR part 

648. The regulations require annual 

specification of optimum yield, 

domestic and foreign fishing, domestic 

and joint venture processing, and 

management area TACs. The 2004 TAC 

allocated to Area 1A (69 FR 17980, 

April 6, 2004) is 60,000 mt (132,277,621 

lb).

The regulations at 50 CFR 648.202 

require the Administrator, Northeast 

Region, NMFS (Regional Administrator) 

to monitor the Atlantic herring fishery 

in each of the four management areas 

designated in the Fishery Management 

Plan for the Atlantic Herring Fishery 

and, based upon dealer reports, state 

data, and other available information, to

Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Rules and Regulations 67285

determine when the harvest of Atlantic 

herring is projected to reach 95 percent 

of the TAC allocated. When such a 

determination is made, NMFS is 

required to publish notification in the 

Federal Register notifying vessel and 

dealer permit holders that, effective 

upon a specific date, vessels may not 

fish for, catch, possess, transfer or land 

more than 2,000 lb (907.2 kg) of herring 

per trip or calendar day in or from the 

specified management area for the 

remainder of the closure period.

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that 95 

percent of the total Atlantic herring TAC 

allocated to Area 1A for the 2004 fishing 

year is projected to be harvested by 

November 19, 2004. Therefore, effective 

0001 hrs local time, November 19, 2004, 

federally permitted vessels may not fish 

for, catch, possess, transfer or land more 

than 2,000 lb (907.2 kg) of Atlantic 

herring in or from Area 1A per trip or 

calendar day through December 31, 

2004; except a vessel may transit , or 

land herring in Area 1A with more than 

2,000 lb (907.2 kg) of herring on board, 

provided such herring were not caught 

in Area 1A, and provided all fishing 

gear is stowed and not available for 

immediate use as required by 

§ 648.23(b). Effective November 19, 

2004, federally permitted dealers are 

also advised that they may not purchase 

Atlantic herring from federally 

permitted Atlantic herring vessels that 

harvest more than 2,000 lb (907.2 kg) of 

Atlantic herring from Area 1A through 

December 31, 2004, 2400 hrs local time.

Classification

This action is required by 50 CFR part 

648 and is exempt from review under 

E.O. 12866.

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

Dated: November 12, 2004. 

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25505 Filed 11–12–04; 3:59 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 031216314–4118–03; I.D. 

111004E]

Fisheries off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Whiting Closure 

for the Catcher-processor Sector

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Fishing restrictions; request for 

comments.

SUMMARY: NMFS announces closure of 

the 2004 catcher-processor fishery for 

Pacific whiting (whiting) at 0001 local 

time (l.t.) November 11, 2004, because 

the allocation for the catcher-processor 

sector will be reached by that time. This 

action is intended to keep the harvest of 

whiting within the 2004 allocation 

levels.

DATES: Effective from 0001 l.t. 

November 11, 2004, until the effective 

date of the 2005 primary season for the 

catcher-processor sector, which will be 

published in the Federal Register. 

Comments will be accepted through 

December 2, 2004.

ADDRESSES: You may submit comments, 

by any of the following methods:

• E-mail: 

WhitingCPclosure.nwr@noaa.gov: 

identified by [I.D. 111004E] in the 

subject line of the message.

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments.

• Fax: 206–526–6736, Attn: Becky 

Renko.

• Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Becky 

Renko.

FOR FURTHER INFORMATION CONTACT:

Becky Renko at 206–526–6110.

SUPPLEMENTARY INFORMATION: This 

action is authorized by regulations 

implementing the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), which governs the groundfish 

fishery off Washington, Oregon, and 

California.

The 2004 non-tribal commercial OY 

for whiting is 215,500 mt (this is 

calculated by deducting the 32,500–mt 

tribal allocation and 2,000 mt for 

research catch and bycatch in nongroundfish fisheries from the 250,000 

mt total catch OY). Regulations at 50 

CFR 660.323(a) divide the commercial 

whiting OY into separate allocations for 

the catcher-processor, mothership, and 

shore-based sectors. The catcherprocessor sector is composed of vessels 

that harvest and process whiting. The 

mothership sector is composed of 

motherships and catcher vessels that 

harvest whiting for delivery to 

motherships. Motherships are vessels 

that process, but do not harvest, 

whiting. The shore-based sector is 

composed of vessels that harvest 

whiting for delivery to land-based 

processors. Each commercial sector 

receives a portion of the commercial 

OY. For 2004 the catcher-processors 

received 34 percent (73,270 mt), 

motherships received 24 percent (51,720 

mt), and the shore-based sector received 

42 percent (90,510 mt).

Regulations at 50 CFR 660.323(a)(3)(i) 

describe the primary season for catcherprocessors as the period(s) when at-sea 

processing is allowed and the fishery is 

open for the catcher-processor sector. 

When each sector’s allocation is 

reached, the primary season for that 

sector is ended.

NMFS Action

This action announces achievement of 

the allocation for the catcher-processor 

sector only. The best available 

information on November 10, 2004, 

indicated that the catcher-processor 

allocation would be reached by 0001 l.t. 

November 11, 2004, at which time the 

primary season for the catcher-processor 

sector ends.

For the reasons stated here and in 

accordance with the regulations at 50 

CFR 660.323(b)(1) and (e), NMFS herein 

announces: Effective 0001 l.t. November 

11, 2004, further taking and retaining, 

receiving or at-sea processing of whiting 

by a catcher-processor is prohibited. No 

additional unprocessed whiting may be 

brought on board after at-sea processing 

is prohibited, but a catcher-processor 

may continue to process whiting that 

was on board before at-sea processing 

was prohibited.

Classification

This action is authorized by the 

regulations implementing the FMP. The 

determination to take this action is 

based on the most recent data available. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause to 

waive the requirement to provide prior 

notice and opportunity for comment on 

this action pursuant to 5 U.S.C. 553 

(3)(b)(B), because providing prior notice 

and opportunity would be 

impracticable. It would be impracticable 

because if this closure were delayed in