69828 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Rules and Regulations 

Dated: November 26, 2004.

John Oliver,

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service.

[FR Doc. 04–26500 Filed 11–26–04; 3:12 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. 

112304C]

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.

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from catcher vessels using pot gear to 

vessels using trawl gear and catcher 

processor vessels using hook-and-line 

gear in the BSAI. These actions are 

necessary to allow the 2004 total 

allowable catch (TAC) of Pacific cod to 

be harvested.

DATES: Effective November 26, 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 according to the Fishery 

Management Plan for 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 

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) length overall that use 

either hook-and-line or pot gear 

(§ 679.20(a)(7)(i)(C)).

On October 15, 2004, 12,700 mt of 

Pacific cod from the trawl gear 

allocation and 2,000 mt from the jig gear 

allocation was reallocated to vessels 

using hook-and-line gear and vessels 

using pot gear (69 FR 61607, October 20, 

2004).

As of November 16, 2004, the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that catcher vessels using 

pot gear will not be able to harvest 3,960 

mt of Pacific cod allocated to those 

vessels under § 679.20(a)(7)(i)(C) and 

the subsequent reallocation on October 

15, 2004 (69 FR 61607, October 20, 

2004). Therefore, in accordance with 

§ 679.20(a)(7)(ii)(C)(2), NMFS 

apportions 3,960 mt of Pacific cod from 

catcher vessels using pot gear to vessels 

using trawl gear and 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: 97,795 mt to 

catcher/processor vessels using hookand-line gear, 11,735 mt to catcher 

vessels using pot gear, 41,431 mt to 

catcher/processor vessels using trawl 

gear, and 40,717 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 catcher vessels using pot 

gear to vessels using trawl gear and 

catcher processor vessels using hookand-line 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: November 24, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–26499 Filed 11–26–04; 3:12 pm]

BILLING CODE 3510–22–S