68094 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

annual quota is subdivided into two 

equal semiannual quotas of 1,468.8 mt 

dw: one for June 1 through November 

30, and the other for December 1 

through May 31 of the following year.

(B) A swordfish from the North 

Atlantic swordfish stock landed by a 

vessel for which an incidental catch 

permit for swordfish or an HMS Angling 

or Charter/Headboat permit has been 

issued, or caught after the effective date 

of a closure of the directed fishery from 

a vessel for which a directed fishery 

permit or a handgear permit for 

swordfish has been issued, is counted 

against the incidental catch quota.

(C) A dead discard allowance of 60.2 

mt dw is established for North Atlantic 

swordfish in 2003, but the allowance is 

reduced to zero in 2004 and beyond. All 

swordfish discarded dead from U.S. 

fishing vessels in 2004 and beyond, 

regardless of whether such vessels are 

permitted under this part, shall be 

counted against the annual directed 

fishing quota.

(D) A portion of the total allowable 

catch of North Atlantic swordfish shall 

be held in reserve for inseason 

adjustments to fishing categories, to 

compensate for projected or actual 

overharvest in any category, for fishery 

independent research, or for other 

purposes consistent with management 

objectives.

(E) In the event of an overharvest of 

South Atlantic swordfish, up to 150.4 

mt dw of swordfish landed between 5 

degrees North and 5 degrees South 

latitude may be applied against the 

North Atlantic swordfish quota. 

Otherwise, swordfish landed from this 

area shall be applied against the South 

Atlantic swordfish quota. For example, 

if the South Atlantic swordfish quota 

were 100 mt dw, and 50 mt dw were 

landed between 5 degrees North and 5 

degrees South latitude, and 75 mt dw 

were caught south of 5 degrees South 

latitude, then 25 mt dw of the swordfish 

caught between 5 degrees North and 5 

degrees South latitude would be applied 

against the North Atlantic swordfish 

quota. If only 25 mt dw of swordfish 

were caught between 5 degrees North 

and 5 degrees South latitude, and 150 

mt dw of swordfish were caught south 

of 5 degrees South latitude, 25 mt dw 

would be applied against the North 

Atlantic swordfish quota. The remaining 

50 mt dw overharvest would be counted 

against the following year’s South 

Atlantic swordfish quota.

(ii) South Atlantic swordfish. From 

June 1, 2003, to May 31, 2006, the 

annual directed fishery quota for the 

South Atlantic swordfish stock is 75.2 

mt dw. Beginning June 1, 2006, the 

annual directed fishery quota for the 

South Atlantic swordfish stock is 90.2 

mt dw. The entire quota for the South 

Atlantic swordfish stock is reserved for 

vessels with pelagic longline gear 

onboard and for which a directed 

fishery permit for swordfish has been 

issued; retention of swordfish caught 

incidental to other fishing activities or 

with other fishing gear is prohibited in 

the Atlantic Ocean south of 5 degrees 

North latitude.

* * * * *

[FR Doc. 04–25958 Filed 11–18–04; 3:44 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 635

[I.D. 111804A]

Atlantic Highly Migratory Species; 

Bluefin Tuna Fisheries

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS has determined that 

the Atlantic bluefin tuna (BFT) General 

category and Angling category fisheries 

will close in all areas. This action is 

being taken to ensure that U.S. BFT 

harvest is consistent with 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT), pursuant to the 

Atlantic Tunas Convention Act (ATCA), 

to meet domestic management 

objectives under the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Fishery Management Plan for Atlantic 

Tunas, Swordfish and Sharks (HMS 

FMP), and to prevent overharvest of the 

2002 ICCAT recommended quota.

DATES: Effective 11:30 p.m., local time 

November 19, 2004, through 11:30 p.m., 

local time May 31, 2005.

FOR FURTHER INFORMATION CONTACT:

Highly Migratory Species (HMS) 

Management Division at 978–281–9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the 

authority of the ATCA (16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Act (16 

U.S.C. 1801 et seq.) governing the 

harvest of BFT by persons and vessels 

subject to U.S. jurisdiction are found at 

50 CFR part 635. Section 635.27 

subdivides the U.S. BFT quota 

recommended by ICCAT among the 

various domestic fishing categories, and 

together with General category effort 

controls are specified annually under 50 

CFR 635.23(a) and 635.27(a). The 

proposed initial 2004 BFT Quota and 

General category effort controls will be 

published in the Federal Register in the 

near future.

General and Angling Category Closure

Based on anticipated quotas and 

concern over potential overharvest, the 

most recent General category and 

Angling category BFT landing estimates, 

previous fishing years landing 

estimates, availability of BFT on the 

fishing grounds, physical oceanographic 

conditions, and social and economic 

aspects of these two fishing categories, 

NMFS has determined that a closure in 

both the General and Angling quota 

categories is warranted at this time. 

Therefore, fishing for, retaining, 

possessing, or landing BFT by persons 

aboard vessels permitted in the Atlantic 

tunas General, HMS Angling, and HMS 

Charter/Headboat categories, must cease 

at 11:30 p.m. local time November 19, 

2004, in all areas. The intent of these 

closures is to ensure that the overall 

U.S. BFT harvest is consistent with 

ICCAT recommendations.

When more precise quota and 

landings estimates are available these 

fisheries may be reopened to provide 

Angling, General and Charter/Headboat 

category fishermen fishing opportunities 

off south Atlantic states during the 

December/January time frame when 

BFT are expected to be available as in 

recent prior years. NMFS will announce 

any re-openings and/or quota transfers 

in separate Federal Register notices. 

Atlantic tunas General, HMS Angling, 

and HMS Charter/Headboat category 

permit holders may tag and release BFT 

of all sizes while the General and 

Angling quota categories are closed, 

subject to the requirements of the tagand-release program at § 635.26.

NMFS is required, under 

§ 635.28(a)(1), to file with the Office of 

the Federal Register for publication, 

notification of closure when a BFT 

quota is reached, or is projected to be 

reached. On and after the effective date 

and time of such closure notification, 

for the remainder of the fishing year, or 

for a specified period as indicated in the 

notification, fishing for, retaining, 

possessing, or landing BFT under that 

quota category is prohibited until the 

opening of the subsequent quota period, 

or until such date as specified in the 

notification.

Classification

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that it is 

impracticable and contrary to the public 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68095

interest to provide prior notice of, and 

an opportunity for public comment on, 

this action. Based on anticipated BFT 

quotas, recent landings reports, 

availability of BFT on the fishing 

grounds, and current fishing effort, 

these closures are necessary to ensure 

sufficient quota remains available to 

ensure overall 2004 fishing year 

landings are consistent with ICCAT 

recommendations and the HMS FMP. 

NMFS provides notification of closures 

by publishing the closure notice in the 

Federal Register, faxing notification to 

individuals on the HMS FAX Network 

and know fishery representatives, 

announcing the notice on the Atlantic 

Tunas Information Lines, and posting 

the closure notice on the internet at 

http://www.nmfspermits.com.

These fisheries are currently 

underway and delaying this action 

would be contrary to the public interest 

as it could result in excessive BFT 

landings that would preclude planned 

recreational and commercial fishing 

opportunities off south Atlantic states 

later in the season. To provide sufficient 

quota for this late season fishery and to 

remain within ICCAT recommended 

quotas, NMFS must close these fisheries 

before additional landings accumulate. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

there is good cause under 5 U.S.C. 

553(d) to waive the delay in 

effectiveness of this action.

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866.

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq.

Dated: November 18, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25959 Filed 11–18–04; 3:44 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 040106005–4316–02; I.D. 

121603C]

RIN 0648 AP73

Fisheries of the Exclusive Economic 

Zone Off Alaska; Full Retention of 

Demersal Shelf Rockfish in the 

Southeast Outside District of the Gulf 

of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule that 

requires the operator of a federally 

permitted catcher vessel using hookand-line or jig gear in the Southeast 

Outside District (SEO) of the Gulf of 

Alaska (GOA) to retain and land all 

demersal shelf rockfish (DSR) caught 

while fishing for groundfish or for 

Pacific halibut under the Individual 

Fishing Quota (IFQ) program. This 

action is necessary to improve estimates 

of fishing mortality of DSR. This final 

rule is intended to further the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska (FMP).

DATES: Effective December 23, 2004.

ADDRESSES: Copies of the 

Environmental Assessment/Regulatory 

Impact Review/Initial Regulatory 

Flexibility Analysis (EA/RIR/IRFA) and 

the Final Regulatory Flexibility Analysis 

(FRFA) prepared for this action may be 

obtained from the Sustainable Fisheries 

Division, Alaska Region, NMFS, P.O. 

Box 21668, Juneau, AK 99802–1668, 

Attn: Lori Durall, by calling the Alaska 

Region, NMFS, at 907–586–7228, or 

from the Alaska Region, NMFS website 

at www.fakr.noaa.gov.

Send comments on collection-ofinformation requirements to NMFS, 

Alaska Region, and to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), Washington D.C. 20503 (Attn: 

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Tom 

Pearson, 907–481–1780 or 

tom.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the exclusive 

economic zone (EEZ) of the GOA are 

managed under the FMP. The FMP was 

prepared by the North Pacific Fishery 

Management Council (Council) under 

the authority of the Magnuson-Stevens 

Act, 16 U.S.C. 1801, et seq. Regulations 

governing U.S. fisheries and 

implementing the FMP appear at 50 

CFR parts 600 and 679.

Background

One of the species groups managed 

under the FMP is DSR, an assemblage of 

seven rockfish species: Canary rockfish 

(Sebastes pinniger), China rockfish (S. 

nebulosus), copper rockfish (S. 

caurinus), quillback rockfish (S. 

maliger), rosethorn rockfish (S. 

helvomaculatus), tiger rockfish (S. 

nigrocinctus), and yelloweye rockfish 

(S. ruberrimus).

The State of Alaska (State) manages 

all fisheries occurring within State 

waters, i.e., within three nautical miles 

of Alaska’s coastline. The FMP defers to 

the State some management 

responsibility for the DSR fishery in the 

SEO, subject to Council and Federal 

oversight. The State management regime 

must be consistent with the goals of the 

FMP. Commercial harvests of DSR are 

managed within the total allowable 

catch (TAC) specified annually by 

NMFS in consultation with the Council. 

NMFS published the DSR TAC for 2004 

in the Federal Register on February 27, 

2004 (69 FR 9261).

Existing State regulations for DSR 

establish fishing seasons (5 AAC 

28.111(a)) and gear restrictions (5 AAC 

28.130), set harvest guidelines for 

directed DSR fishing based on the TAC 

(5 AAC 28.160), and limit the amount of 

DSR that can be retained as bait (5 AAC 

28.190). Also, the State has a full 

retention requirement for DSR caught in 

State waters (5 AAC 28.171). The 

Council and NMFS establish the annual 

TAC for DSR (see 50 CFR 679.20), 

regulate the catch of prohibited species 

in the DSR directed fishery (see 50 CFR 

679.21), set recordkeeping and reporting 

requirements (see 50 CFR 679.5), and 

impose a maximum retention 

requirement for DSR caught incidentally 

in Federal fisheries (see 50 CFR 

679.20(d)-(e); Table 10 to part 679).

Need for Action

The existing management background 

and explanation of the need for this 

action were described in the preamble 

to the proposed rule published in the 

Federal Register on January 21, 2004 

(69 FR 2875). The Council and NMFS 

have designed this action to achieve the 

following four objectives:

1. Improve data collection on the 

incidental catch of DSR in the halibut 

and groundfish hook-and-line fisheries