[Federal Register Volume 69, Number 223 (Friday, November 19, 2004)]
[Rules and Regulations]
[Pages 67668-67669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25738]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031125292-4061-02; I.D. 111504A]


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.

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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 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.), November 17, 
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 
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 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 Pacific cod apportioned to vessels catching Pacific 
cod for processing by the inshore component of the Central Regulatory 
Area of the GOA is 24,404 metric tons (mt) as established by the 2004 
harvest specifications for groundfish of the GOA (69 FR 9261, February 
27, 2004). NMFS closed the directed fishery for Pacific cod for 
processing by the inshore component of the Central Regulatory Area of 
the GOA under Sec.  679.20(d)(1)(iii) on September 10, 2004 (69 FR 
55361, September 14, 2004), and reopened it on September 28, 2004 (69 
FR 58367, September 30, 2004).

[[Page 67669]]

    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 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 soon be reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 24,304 mt, and is setting 
aside the remaining 100 mt as bycatch to support other anticipated 
groundfish fisheries. In accordance with Sec.  679.20(d)(1)(iii), the 
Regional Administrator finds that this directed fishing allowance has 
been 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 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 closure of the directed fishery for Pacific cod by 
vessels catching Pacific cod for processing by the inshore component in 
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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: November 15, 2004.
Alan D. Risenhoover,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-25738 Filed 11-16-04; 3:49 pm]
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