70924 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

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 1B.

DATES: Effective 0001 hrs local time, 

December 8, 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 1B (69 FR 17980, April 

6, 2004) is 10,000 mt.

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 

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 1B for the 2004 fishing year is 

projected to be harvested by 0001 hrs 

local time, December 8, 2004. Therefore, 

effective 0001 hrs local time, December 

8, 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 1B per 

trip or calendar day through December 

31, 2004; except a vessel may transit, or 

land herring in Area 1B with more than 

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

provided such herring were not caught 

in Area 1B, and provided all fishing gear 

is stowed and not available for 

immediate use as required by 

§ 648.23(b). Effective, 0001 hrs local 

time, December 8, 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 1B 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: Authority: 16 U.S.C. 1801 et 

seq.

Dated: December 3, 2004.

Bruce C. Morehead

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–26961 Filed 12–3–04; 2:51 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. 

120204A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processor Vessels Using 

Hook and Line Gear in the Bering Sea 

and Aleutian Islands Management Area

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher 

processor vessels using hook and line 

gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2004 total allowable catch (TAC) of 

Pacific cod allocated to catcher 

processor vessels using hook and line 

gear in the BSAI.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), December 4, 2004, through 

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 according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management 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 Pacific cod allocated 

to catcher processor vessels using hook 

and line gear in the BSAI is 97,795 

metric tons as established by the 2004 

final harvest specifications for 

groundfish in the BSAI (69 FR 9242, 

February 27, 2004) and subsequent 

reallocations on October 15 (69 FR 

61607, October 20, 2004) and November 

26 (69 FR 69828, December 1, 2004). See 

§ 679.20(c)(3)(iii), § 679.20(c)(5), and 

§ 679.20(a)(7)(i)(A) and (C).

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2004 

TAC of Pacific cod allocated to catcher 

processor vessels using hook and line 

gear in the BSAI will soon be reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher processor vessels using hook 

and line gear in the BSAI.

After the effective date of this closure 

the maximum retainable amounts at 50 

CFR 679.20(e) and (f) apply at any time 

during a trip.

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 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 Pacific cod 

allocated to catcher processor vessels 

using hook and line gear 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: December 2, 2004.

Anne M. Lange,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–26951 Filed 12–3–04; 2:51 pm]

BILLING CODE 3510–22–S