Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 74455

Mandates Reform Act of 1995. It will 

not result in costs of $100 million or 

more, in the aggregate, to any of the 

following: State, local, or Native 

American tribal governments, or the 

private sector. This final rule is the least 

burdensome alternative that achieves 

this objective of U.S. policy.

List of Subjects in 46 CFR Part 310 

Federal Aid Programs, Reporting and 

recordkeeping requirements, Schools, 

Seamen.

Interim Rule Adopted as Final Without 

Change

■ Accordingly, MARAD adopts the 

interim final rule amending 46 CFR part 

310 that was published in the Federal 

Register on May 20, 2004 (69 FR 29079) 

as a final rule without change.

By Order of the Maritime Administrator.

Dated: December 9, 2004. 

Joel C. Richard, 

Secretary, Maritime Administration.

[FR Doc. 04–27334 Filed 12–13–04; 8:45 am] 

BILLING CODE 4910–81–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041202339–4339–01; I.D. 

112204D]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

Interim 2005 Harvest Specifications for 

Groundfish

AGENCY: National Marine Fisheries 

Service (NMFS); National Oceanic and 

Atmospheric Administration (NOAA); 

Commerce.

ACTION: Temporary rule; interim 

specifications.

SUMMARY: NMFS issues interim 2005 

total allowable catch (TAC) amounts for 

each category of groundfish, American 

Fisheries Act (AFA) sideboard limits, 

and prohibited species catch (PSC) 

amounts for the groundfish fishery of 

the Gulf of Alaska (GOA). The intended 

effect is to conserve and manage the 

groundfish resources in the GOA.

DATES: The interim harvest 

specifications are effective from 0001 

hrs, Alaska local time (A.l.t.), January 1, 

2005, until the effective date of the final 

2005 and 2006 harvest specifications for 

groundfish of the GOA, which will be 

published in the Federal Register.

ADDRESSES: Copies of the 

Environmental Assessment (EA) 

prepared for this action are available 

from the NMFS Alaska Region 

homepage at http://www.fakr.noaa.gov. 

The final 2003 Stock Assessment and 

Fishery Evaluation (SAFE) report, dated 

November 2003, is available from the 

North Pacific Fishery Management 

Council, 605 West 4th Avenue, Suite 

306, Anchorage, AK 99501–2252, 

telephone (907) 271–2809, or from its 

homepage at http://www.fakr.noaa.gov/

npfmc.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–481–1780 or 

tom.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

Federal regulations at 50 CFR part 679 

implementing the Fishery Management 

Plan (FMP) for Groundfish of the GOA 

govern the groundfish fisheries in the 

GOA. The North Pacific Fishery 

Management Council (Council) 

prepared the FMP, and NMFS approved 

it under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). General regulations that also 

pertain to the U.S. fisheries appear at 

subpart H of 50 CFR part 600.

Proposed Steller Sea Lion Protection 

Measures Revisions

In June 2004, the Council 

unanimously recommended revisions to 

the Steller sea lion protection measures 

in the GOA to alleviate some of the 

economic burden on coastal 

communities while maintaining 

protection for Steller sea lions and their 

critical habitat. These revisions would 

adjust pollock and Pacific cod fishing 

closures near four Steller sea lion 

haulouts and would revise seasonal 

management of pollock harvest. NMFS 

concluded in an Endangered Species 

Act, section 7, informal consultation, 

dated August 26, 2004, that fishing 

under the proposed revisions is not 

likely to adversely affect Steller sea 

lions beyond those effects already 

considered in the 2001 Biological 

Opinion on the Steller sea lion 

protection measures and its June 19, 

2003, supplement (see ADDRESSES). To 

implement these provisions, NMFS 

published a proposed rule on September 

21, 2004 (69 FR 56384), inviting 

comments through October 21, 2004. 

The final rulemaking is expected before 

the beginning of the 2005 fishing year. 

If adopted, the pollock harvest 

management revisions would affect the 

annual specifications by extending the 

pollock A and C season dates from 

January 20 through February 25 to 

January 20 through March 10 and by 

providing clarification as to how the 

Regional Administrator would rollover 

under harvested amounts of pollock 

between seasons.

The Council met in October 2004 to 

review scientific information 

concerning groundfish stocks, including 

the 2003 SAFE report and the EA (see 

ADDRESSES), and to recommend 

proposed 2005 and 2006 specifications. 

The Council recommended and NMFS 

proposed a total acceptable biological 

catch (ABC) of 514,864 mt and a TAC 

of 264,265 mt for the 2005 fishing year 

and a total ABC of 514,240 mt and a 

TAC of 253,867 mt for the 2006 fishing 

year. The proposed TAC amounts for 

each species were based on the best 

available biological and socioeconomic 

information.

Under § 679.20(c)(1)(ii), NMFS 

published in the Federal Register

proposed harvest specifications for 

groundfish in the GOA for the 2005 and 

2006 fishing years (December 7, 2004; 

69 FR 70605). That document contains 

a detailed discussion of the proposed 

2005 and 2006 TACs, groundfish 

reserves, apportionments of TAC, ABC 

amounts, overfishing levels (OFLs), PSC 

amounts, and apportionments of the 

GOA groundfish fishery.

This action provides interim harvest 

specifications and apportionments for 

the 2005 fishing year that will become 

available on January 1, 2005, and will 

remain in effect until superseded by the 

final 2005 and 2006 harvest 

specifications. Background information 

concerning the 2005 groundfish harvest 

specification process, upon which this 

interim action is based, is provided in 

the above mentioned proposed 

specification document.

Establishment of Interim TACs

Section 679.20(c)(2)(i) requires that 

one-fourth of each proposed TAC and 

apportionment (not including the 

reserves and the first seasonal allowance 

of pollock and Pacific cod) and onefourth of the halibut PSC amounts 

become effective at 0001 hours, A.l.t., 

January 1, on an interim basis and 

remain in effect until superseded by the 

final harvest specifications. As stated in 

the proposed specifications (December 

7, 2004; 69 FR 70605), no harvest of 

groundfish is authorized before the 

effective date of this action 

implementing the interim harvest 

specifications.

Section 679.20(a)(6)(i) and (ii) 

allocates 100 percent of the pollock TAC 

to vessels catching pollock for 

processing by the inshore component, 

90 percent of the Pacific cod TAC to 

vessels catching Pacific cod for 

processing by the inshore component, 

74456 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 

and 10 percent to vessels catching 

Pacific cod for processing by the 

offshore component.

The reserves for the GOA are 20 

percent of the TAC amounts for pollock, 

Pacific cod, flatfish species, and the 

‘‘other species’’ category (§ 679.20(b)(2)). 

The GOA groundfish TAC amounts have 

been utilized fully since 1987, and 

NMFS expects this trend to continue in 

2005. Therefore, NMFS has proposed 

reapportioning all the reserves to TAC. 

The interim TAC amounts contained in 

Table 1 reflect the reapportionment of 

reserves to the TAC.

Interim 2005 Groundfish Harvest 

Specifications and Apportionments

Table 1 provides interim TAC 

amounts, the first seasonal allowance of 

pollock in the combined Western and 

Central Regulatory Areas, the first 

seasonal allowance of Pacific cod in the 

Western and Central Regulatory Areas, 

interim TAC allocations of Pacific cod 

to the inshore and offshore components, 

and interim sablefish TAC 

apportionments to hook-and-line and 

trawl gear. These interim TAC amounts 

and apportionments become effective at 

0001 hours, A.l.t., January 1, 2005.

TABLE 1—INTERIM 2005 TAC 

AMOUNTS OF GROUNDFISH FOR THE

COMBINED WESTERN/CENTRAL (W/

C), WESTERN (W), CENTRAL (C), 

AND EASTERN (E) REGULATORY

AREAS AND IN THE WEST YAKUTAT

(WYK), SOUTHEAST OUTSIDE

(SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA

(GOA)1,2; THE FIRST SEASONAL ALLOWANCES OF POLLOCK IN THE

COMBINED W/C REGULATORY

AREAS; THE FIRST SEASONAL ALLOWANCES OF PACIFIC COD; INTERIM

SABLEFISH TAC APPORTIONMENTS

TO HOOK-AND-LINE (H/L) AND TRAWL

(TRW) GEAR

(Interim TAC amounts have been rounded to 

nearest mt) 

Species Area Interim TAC 

(mt) 

Pollock3,4 W (610) 3,747

C (620) 9,027

C (630) 3,091

Subtotal W/C 15,865

WYK (640) 320

SEO (650) 1,630

Total 17,815

Pacific cod5 Inshore W 8,588

Offshore W 954

Inshore C 13,733

Offshore C 1,526

Inshore E 835

Offshore E 93

TABLE 1—INTERIM 2005 TAC 

AMOUNTS OF GROUNDFISH FOR THE

COMBINED WESTERN/CENTRAL (W/

C), WESTERN (W), CENTRAL (C), 

AND EASTERN (E) REGULATORY

AREAS AND IN THE WEST YAKUTAT

(WYK), SOUTHEAST OUTSIDE

(SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA

(GOA)1,2; THE FIRST SEASONAL ALLOWANCES OF POLLOCK IN THE

COMBINED W/C REGULATORY

AREAS; THE FIRST SEASONAL ALLOWANCES OF PACIFIC COD; INTERIM

SABLEFISH TAC APPORTIONMENTS

TO HOOK-AND-LINE (H/L) AND TRAWL

(TRW) GEAR—Continued

(Interim TAC amounts have been rounded to 

nearest mt) 

Species Area Interim TAC 

(mt) 

Total 25,729

Flatfish, 

Deep-water6

W 78

C 743

WYK 470

SEO 228

Total 1,519

Rex sole W 420

C 1,835

WYK 335

SEO 573

Total 3,163

Flathead sole W 500

C 1,250

WYK 748

SEO 98

Total 2,596

Flatfish, Shallow-water7W 1,125

C 3,250

WYK 508

SEO 302

Total 5,185

Arrowtooth 

flounder

W 2,000

C 6,250

WYK 625

SEO 625

Total 9,500

Sablefish8,9,10 H/L W N/A (482)

TRW W 121

H/L C N/A (1,179)

TRW C 295

TRW WYK 64

H/L WYK N/A (446)

H/L SEO N/A (761)

Total 3,346

Pacific ocean 

perch11

W 622

C 2,063

WYK 201

SEO 389

TABLE 1—INTERIM 2005 TAC 

AMOUNTS OF GROUNDFISH FOR THE

COMBINED WESTERN/CENTRAL (W/

C), WESTERN (W), CENTRAL (C), 

AND EASTERN (E) REGULATORY

AREAS AND IN THE WEST YAKUTAT

(WYK), SOUTHEAST OUTSIDE

(SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA

(GOA)1,2; THE FIRST SEASONAL ALLOWANCES OF POLLOCK IN THE

COMBINED W/C REGULATORY

AREAS; THE FIRST SEASONAL ALLOWANCES OF PACIFIC COD; INTERIM

SABLEFISH TAC APPORTIONMENTS

TO HOOK-AND-LINE (H/L) AND TRAWL

(TRW) GEAR—Continued

(Interim TAC amounts have been rounded to 

nearest mt) 

Species Area Interim TAC 

(mt) 

Total 3,275

Shortraker/

rougheye12

W 64

C 164

E 102

Total 330

Rockfish, 

northern13

W 183

C 968

E N/A

Total 1,150

Rockfish, 

other14,15

W 10

C 75

WYK 33

SEO 50

Total 268

Rockfish, pelagic shelf16

W 92

C 753

WYK 53

SEO 220

Total 1,118

Rockfish, 

demersal 

shelf SEO17

SEO 113

Thornyhead 

rockfish

W 102

C 253

E 130

Total 485

Big and 

longnose18

Skates

C 821

Other 

Skates19

GW 927

Total 1,748

Atka mackerelGW 150

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 74457

TABLE 1—INTERIM 2005 TAC 

AMOUNTS OF GROUNDFISH FOR THE

COMBINED WESTERN/CENTRAL (W/

C), WESTERN (W), CENTRAL (C), 

AND EASTERN (E) REGULATORY

AREAS AND IN THE WEST YAKUTAT

(WYK), SOUTHEAST OUTSIDE

(SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA

(GOA)1,2; THE FIRST SEASONAL ALLOWANCES OF POLLOCK IN THE

COMBINED W/C REGULATORY

AREAS; THE FIRST SEASONAL ALLOWANCES OF PACIFIC COD; INTERIM

SABLEFISH TAC APPORTIONMENTS

TO HOOK-AND-LINE (H/L) AND TRAWL

(TRW) GEAR—Continued

(Interim TAC amounts have been rounded to 

nearest mt) 

Species Area Interim TAC 

(mt) 

Other species20

3,146

GOA Total Interim TAC80,532

1Reserves have been reapportioned back to 

each species TAC and are reflected in the interim TAC amounts. (See § 679.20(a)(2)). 2See § 679.2 for definitions of regulatory 

area and statistical area. See Figure 3b to part 

679 for a description of regulatory districts. 3The first seasonal allowance of pollock 

TAC in the W/C combined area is set at 25% 

of the annual TAC for the area which is 

15,865 mt. Within the W/C area pollock is apportioned between Statistical Areas 610, 620, 

and 630 based an adjusted estimate of the 

relative distribution of pollock biomass in the 

area which is approximately 23.63% in Area 

610 (3,747 mt), 56.9% in Area 620 (9,027 mt), 

and 19.48% in Area 630 (3,091 mt). In the 

Eastern Regulatory Area, pollock is not divided into less than annual allowances, and 

one-fourth of the TAC is available on an interim basis. 4The pollock TAC in all regulatory areas will 

be allocated 100 percent to vessels catching 

groundfish for processing by the inshore component after subtraction of amounts that are 

determined by the Regional Administrator, 

NMFS, to be necessary to support the bycatch 

needs of the offshore component in directed 

fisheries for other groundfish species. At this 

time, these bycatch amounts are unknown and 

will be determined during the fishing year. 

(See § 679.20(a)(6)(ii).) 5The Pacific cod TAC in all regulatory areas 

is allocated 90 percent to vessels catching 

groundfish for processing by the inshore component and 10 percent to vessels catching 

groundfish for processing by the offshore component (See § 679.20(a)(6)(iii)). The first seasonal apportionment of Pacific cod in the GOA 

is 60% of the annual TAC. 6‘‘Deep-water flatfish’’ means Dover sole, 

Greenland turbot and deepsea sole. 7‘‘Shallow-water flatfish’’ means flatfish not 

including ‘‘deep-water flatfish’’, flathead sole, 

rex sole, or arrowtooth flounder.

8Sablefish TAC amounts for each of the 

regulatory areas and districts are assigned to 

hook-and-line and trawl gear. In the Central 

and Western Regulatory Areas, 80 percent of 

the TAC is allocated to hook-and-line gear and 

20 percent to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is assigned 

to hook-and-line gear. Five percent is allocated to trawl gear and may only be used as 

bycatch to support directed fisheries for other 

target species. (See § 679.20(a)(4).) 9The sablefish hook-and-line gear fishery is 

managed under the Individual Fishing Quota 

(IFQ) program and is subject to regulations 

contained in subpart D of 50 CFR part 679. 

Annual IFQ amounts are based on the final 

TAC amount specified for the sablefish hookand-line gear fishery as contained in the final 

specifications for groundfish. Under 

§ 679.7(f)(3), retention of sablefish caught with 

hook-and-line gear is prohibited unless the 

harvest is authorized under a valid IFQ permit 

and IFQ card. In 2005, IFQ permits and IFQ 

cards will not be valid prior to the effective 

date of the 2005 final specifications. Thus, 

fishing for sablefish with hook-and-line gear 

will not be authorized under these interim harvest specifications. Nonetheless, interim 

amounts are shown in parentheses to reflect 

assignments of one-fourth of the proposed 

TAC amounts among gear categories and regulatory areas in accordance with 

§ 679.20(c)(2)(i). See § 679.40 for guidance on 

the annual allocation of IFQ. 10Sablefish caught in the GOA with gear 

other than hook-and-line or trawl gear must be 

treated as prohibited species and may not be 

retained. 11‘‘Pacific ocean perch’’ means Sebastes 

alutus. 12‘‘Shortraker/rougheye rockfish’’ means 

Sebastes borealis (shortraker) and S. 

aleutianus (rougheye). 13‘‘Northern rockfish’’ means Sebastes 

polyspinis. 14‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat 

District means slope rockfish and demersal 

shelf rockfish. The category ‘‘other rockfish’’ in 

the Southeast Outside District means slope 

rockfish. 15‘‘Slope rockfish’’ means Sebastes aurora

(aurora), S. melanostomus (blackgill), S. 

paucispinis (bocaccio), S. goodei (chilipepper), 

S. crameri (darkblotch), S. elongatus

(greenstriped), S. variegateus (harlequin), S. 

wilsoni (pygmy), S. proriger (redstripe), S. 

zacentrus (sharpchin), S. jordani (shortbelly), 

S. brevispinis (silvergrey), S. diploproa

(splitnose), S. saxicola (stripetail), S. miniatus

(vermilion), S. babcocki (redbanded), and S. 

reedi (yellowmouth). 16‘‘Pelagic shelf rockfish’’ includes Sebastes 

ciliatus (dusky), S. entomelas (widow), and S. 

flavidus (yellowtail). ‘‘Offshore Pelagic shelf 

rockfish’’ includes S. ciliatus (dusky), S. 

entomelas (widow), and S. flavidus (yellowtail). 17‘‘Demersal shelf rockfish’’ means 

Sebastes pinniger (canary), S. nebulosus

(china), S. caurinus (copper), S. maliger

(quillback), S. helvomaculatus (rosethorn), S. 

nigrocinctus (tiger), and S. ruberrimus

(yelloweye). 18Big skate means ‘‘Raja binoculata’’ and 

longnose skates means ‘‘Raja rhina’’. 19Other skates mean big and longnose 

skates in the W and E GOA and ‘‘Bathyraja’’

spp. Gulfwide. 20‘‘Other species’’ includes sculpins, sharks, 

squid, and octopus. The TAC for ‘‘other species’’ equals 5 percent of the TAC amounts of 

target species.

Interim 2005 Halibut PSC Limits

Under § 679.21(d), annual halibut PSC 

limits are established for trawl and 

hook-and-line gear and may be 

established for pot gear. The Council 

recommended and NMFS proposed to 

reestablish the 2004 halibut mortality 

limits for 2005 because no new 

information was available. Consistent 

with 2004, the Council recommended 

and NMFS proposed exemptions for pot 

gear, jig gear, and the sablefish hookand-line fishery from halibut PSC limits 

for 2005. The fishery specific interim 

PSC allowances for halibut are in effect 

at 0001 hours, A.l.t., January 1, 2005, 

and remain in effect until superseded by 

the final 2005 harvest specifications. 

The interim halibut PSC limits are (1) 

500 mt to trawl gear, (2) 72.5 mt to 

hook-and-line gear for fisheries other 

than demersal shelf rockfish, and (3) 2.5 

mt to hook-and-line gear for the 

demersal shelf rockfish fishery in the 

Southeast Outside District.

Section 679.21(d)(3)(iii) authorizes 

apportionments of the trawl halibut PSC 

limit as bycatch allowances to a deepwater species complex, comprised of rex 

sole, sablefish, rockfish, deep-water 

flatfish, and arrowtooth flounder, and a 

shallow-water species complex, 

comprised of pollock, Pacific cod, 

shallow-water flatfish, flathead sole, 

Atka mackerel, skates, and ‘‘other 

species.’’ The interim 2005 

apportionment for the shallow-water 

species complex is 409 mt, and for the 

deep-water species complex is 91 mt.

Interim 2005 Non-exempt American 

Fisheries Act (AFA) Catcher Vessel 

Groundfish and PSC Sideboard Limits

Section 679.64 established groundfish 

harvesting and processing sideboard 

limits on AFA catcher/processors and 

catcher vessels in the GOA. These 

sideboard limits are necessary to protect 

the interests of fishermen and 

processors who do not directly benefit 

from the AFA from fishermen and 

processors who have received exclusive 

harvesting and processing privileges 

under the AFA. In the GOA, listed AFA 

catcher/processors are prohibited from 

fishing for any species of fish 

(§ 679.7(k)(1)(ii)) and from processing 

any groundfish harvested in Statistical 

Area 630 of the GOA (§ 679.7(k)(1)(iv)). 

The Council recommended and NMFS 

concurs that certain AFA catcher vessels 

in the GOA be exempt from groundfish 

sideboard limits. Section 679.64(b)(2)(ii) 

exempts AFA catcher vessels in the 

GOA less than 125 ft (38.1 m) length 

overall (LOA) whose annual Bering Sea 

and Aleutian Islands management area 

pollock landings totaled less than 5,100 

74458 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 

mt and that made 40 or more GOA 

groundfish landings from 1995 through 

1997.

For non-exempt AFA catcher vessels 

in the GOA, sideboard limits are based 

upon their traditional harvest levels of 

TAC in groundfish fisheries covered by 

the GOA FMP. Section 679.64(b)(3)(iii) 

establishes the groundfish sideboard 

limits in the GOA based on the retained 

catch of non-exempt AFA catcher 

vessels of each sideboard species from 

1995 through 1997 divided by the TAC 

for that species over the same period. 

These amounts are listed in Table 2. All 

catch of sideboard species made by nonexempt AFA catcher vessels, whether as 

targeted catch or as incidental catch, 

will be deducted from the sideboard 

limits in Table 2.

TABLE 2—INTERIM 2005 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH HARVEST

SIDEBOARD LIMITS

Species 

Apportionments and allocations by area/season/ processor/gear Ratio of 1995–1997 nonexempt AFA CV catch to 

1995–1997 TAC 

2005 Interim TAC (mt) 

2005 Non-Exempt AFA 

Catcher vessel sideboard 

limit (mt) 

Pollock Shumagin (610) 0.6112 2,290

Chirikof (620) 0.1427 9,027 1,288

Kodiak (630) 0.2438 3,091 754

WYK (640) 0.3499 320 112

SEO (650) 0.3499 1,630 570

Pacific cod W inshore 0.1423 8,588 1,222

W offshore 0.1026 954 98

C inshore 0.0722 13,733 992

C offshore 0.0721 1,526 110

E inshore 0.0079 835 7

E offshore 0.0078 93 1

Flatfish deep-water W 0 78 0

C 0.067 743 50

E 0.0171 699 12

Rex sole W 0.001 420 0

C 0.0402 1,835 74

E 0.0153 908 14

Flathead sole W 0.0036 500 2

C 0.0261 1,250 33

E 0.0048 846 4

Flatfish shallow-water W 0.0156 1,125 18

C 0.0598 3,250 194

E 0.0126 810 10

Arrowtooth flounder W 0.0021 2,000 4

C 0.0309 6,250 193

E 0.002 1,250 2

Sablefish W trawl gear 0 121 0

C trawl gear 0.072 295 21

WYK trawl gear 0.0488 64 3

Pacific ocean perch W 0.0623 622 39

C 0.0866 2,063 179

E 0.0466 590 27

Shortraker/Rougheye W 0 64 0

C 0.0237 164 4

E 0.0124 102 1

Other rockfish W 0.0034 10 0

C 0.2065 75 15

E 0 83 0

Northern rockfish W 0.0003 183 0

C 0.0366 968 35

Pelagic shelf rockfish W 0.0001 92 0

C 0 753 0

E 0.0067 273 2

Thornyhead rockfish W 0.0308 102 3

C 0.0308 253 8

E 0.0308 130 4

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 74459

TABLE 2—INTERIM 2005 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH HARVEST

SIDEBOARD LIMITS—Continued

Species 

Apportionments and allocations by area/season/ processor/gear Ratio of 1995–1997 nonexempt AFA CV catch to 

1995–1997 TAC 

2005 Interim TAC (mt) 

2005 Non-Exempt AFA 

Catcher vessel sideboard 

limit (mt) 

Demersal shelf rockfish SEO 0.002 113 0

Big and longnose skates C 0.009 821 7

Other skates Gulfwide 0.009 927 8

Atka mackerel Gulfwide 0.0309 150 5

Other species Gulfwide 0.009 3,146 28

In accordance with § 679.64(b)(4), 

PSC bycatch limits for the non-exempt 

AFA catcher vessels in the GOA are 

based on the ratio of aggregate retained 

groundfish catch by non-exempt AFA 

catcher vessels in each PSC target 

category from 1995 through 1997, 

relative to the retained catch of all 

vessels in that fishery from 1995 

through 1997. These amounts are shown 

in Table 3.

TABLE 3—INTERIM 2005 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH (PSC) 

SIDEBOARD LIMITS FOR THE GOA. 

(Values are in mt) 

PSC species Target fishery 

Ratio of 1995–1997 nonexempt AFA CV retained 

catch to total retained 

catch 

2005 Interim PSC limit 2005 non-exempt AFA 

catcher vessel PSC limit 

Halibut (mortality in mt) shallow water targets 0.340 409 139

deep water targets 0.070 91 6

Directed Fishing Closures

In accordance with § 679.20(d)(1)(i), if 

the Regional Administrator determines 

that any allocation or apportionment of 

a target species or ‘‘other species’’

category apportioned to a fishery or, 

with respect to pollock and Pacific cod, 

to an inshore or offshore component 

allocation will be reached, the Regional 

Administrator may establish a directed 

fishing allowance for that species or 

species group. If the Regional 

Administrator establishes a directed 

fishing allowance and that allowance is 

or will be reached before the end of the 

fishing year, NMFS will prohibit 

directed fishing for that species or 

species group in the specified GOA 

regulatory area or district 

(§ 679.20(d)(1)(iii)).

The Regional Administrator has 

determined that the following TAC 

amounts in Table 4 are necessary as 

incidental catch to support other 

anticipated groundfish fisheries for the 

2005 fishing year.

TABLE 4—INCIDENTAL CATCH NEEDED

TO SUPPORT OTHER DIRECTED

FISHERIES IN THE GOA IN 2005

(Amounts are in mt) 

Target 

Regulatory 

Area 

Gear/ 

Component Amount 

Atka mackerelentire 

GOA

all 150

Thornyhead 

rockfish

entire 

GOA

all 485

Shortraker/

Rougheye 

rockfish

entire 

GOA

all 330

Other rockfishentire 

GOA

all 168

Sablefish entire 

GOA

trawl 480

Pollock entire 

GOA

all/offshore0

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

the Regional Administrator establishes 

the directed fishing allowances for the 

above species or species groups as zero. 

Therefore, in accordance with 

§ 679.20(d)(1)(iii), NMFS is immediately 

prohibiting directed fishing for those 

species, areas, gear types, and 

components listed in Table 4. These 

closures will remain in effect until 

superceded by the final 2005 harvest 

specifications.

Section 679.64(b)(5) provides for 

management of AFA catcher vessel 

groundfish harvest limits and PSC 

bycatch limits using directed fishing 

closures and PSC closures according to 

procedures set out at §§ 679.20(d)(1)(iv), 

679.21(d)(8), and 679.21(e)(3)(v). The 

Regional Administrator has determined 

that, in addition to the closures listed 

above, many of the non-exempt AFA 

catcher vessel sideboard limits listed in 

Table 2 are necessary as incidental catch 

to support other anticipated groundfish 

fisheries for the 2005 fishing year. In 

accordance with § 679.20(d)(1)(iv), the 

Regional Administrator establishes 

these amounts as directed fishing 

allowances. The Regional Administrator 

finds that many of these directed fishing 

allowances will be reached before the 

end of the year. Therefore, in 

accordance with § 679.20(d)(1)(iii), 

NMFS is prohibiting directed fishing by 

non-exempt AFA catcher vessels in the 

GOA for the species and specified areas 

in Table 5. These closures will remain 

in effect until superceded by the final 

2005 harvest specifications.

74460 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 

TABLE 5—2005 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL SIDEBOARD LIMIT DIRECTED

FISHING CLOSURES IN THE GOA 

Species Regulatory 

Area/District Gear 

Pacific cod Eastern 

GOA

all

Deep-water flatfish Western 

and Eastern 

GOA

all

Rex sole Western 

and Eastern 

GOA

all

Flathead sole Eastern 

GOA

all

Shallow-water flatfishEastern 

GOA

all

Arrowtooth flounder Eastern 

GOA

all

Pacific Ocean 

perch

Western 

GOA

all

Northern rockfish Western 

GOA

all

Pelagic shelf rockfishentire GOA all

Demersal shelf 

rockfish

SEO District all

Other species entire GOA all

Classification

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866.

Because this action is a final action by 

NMFS, analyses required under the 

Magnuson-Stevens Act must be 

completed and considered by the 

agency prior to promulgation of the 

interim harvest specifications.

Section 679.20(c)(2) requires NMFS to 

specify harvest specifications to be 

effective January 1 and to remain in 

effect until superceded by the final 

specifications. Without interim harvest 

specifications in effect on January 1, the 

groundfish fisheries would not be able 

to open, resulting in disruption within 

the fishing industry. NMFS cannot 

publish interim harvest specifications 

until proposed specifications are 

completed because the interim harvest 

specifications are derived from the 

proposed specifications, as required by 

§ 679.20(c)(2).

The proposed specifications are based 

on the preliminary recommendations of 

the Plan Team, which were reviewed by 

the Scientific and Statistical Committee 

and Council in October 2004, in 

projecting 2005 biomass amounts, as 

identified in the 2003 SAFE report, for 

the proposed 2005 and 2006 ABC, 

overfishing levels, and TAC amounts. 

The Plan Team recommendations 

incorporate the most current data 

available from a number of sources, 

including current-year industry catch 

levels, and current-year trawl and 

hydro-acoustic surveys. These data are 

not available in time for Council review 

prior to the October Council meeting, as 

the surveys are conducted during the 

summer months, and industry catch 

levels reflect current year activity. These 

updated data sources represent the best 

available scientific information. These 

data provide the basis for the proposed 

and interim harvest specifications.

The proposed specifications, as 

required by § 679.20(c)(1)(i)(A), must be 

published as soon as practicable after 

consultation with the Council, which 

occurs at the Council’s October meeting. 

Because the interim harvest 

specifications are derived from the 

proposed specifications, the proposed 

specifications publication requirement, 

along with the requirement of National 

Standard 2 of the Magnuson-Stevens 

Act to use the best scientific information 

available, prevents NMFS from 

publishing the interim harvest 

specifications in sufficient time to have 

a public comment period and to have 

the interim harvest specifications 

effective on January 1.

As stated above, disruption of the 

fishing industry and consequent 

impacts to fishing communities and to 

the public would occur if the interim 

harvest specifications were not effective 

January 1. Additionally, the public is 

provided an opportunity to comment on 

the proposed specifications, from which 

these interim harvest specifications are 

derived. For these reasons, good cause 

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

prior notice and opportunity for public 

comment on this action as such 

procedures would be impracticable and 

contrary to the public interest.

Likewise, the Assistant Administrator 

finds good cause to waive the 30-day 

delay in effectiveness date of the interim 

harvest specifications. Section 

679.20(c)(2) requires NMFS to establish 

interim harvest specifications to be 

effective on January 1 and to remain in 

effect until superceded by the 

publication of final harvest 

specifications by the office of the 

Federal Register. NMFS interprets 

§ 679.20(c)(2) as requiring the filing of 

interim harvest specifications with the 

Office of the Federal Register before any 

harvest of groundfish is authorized. The 

interim harvest specifications are based 

on the proposed 2005 specifications.

The interim harvest specifications 

rely on data used to propose the 2005 

specifications, and those data are not 

available until after the summer surveys 

are conducted (see above). Without 

interim harvest specifications in effect 

on January 1, the groundfish fisheries 

would not be able to open on that date, 

resulting in disruption of the fishing 

industry. These reasons constitute good 

cause pursuant to U.S.C. 553(d)(3) to 

waive the 30-day delay in effectiveness 

date.

Because these interim harvest 

specifications are not required to be 

issued with prior notice and 

opportunity for comment pursuant to 5 

U.S.C. 553, or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act do not apply. 

Consequently, no regulatory flexibility 

analysis has been prepared for this 

action.

Authority: 16 U.S.C. 773 et seq., 1801 et 

seq., and 3631 et seq.; 16 U.S.C. 1540(f); Pub. 

L. 105 277, Title II of Division C; Pub L. 106 

31, Sec. 3027; Pub L. 106 554, Sec. 209; and 

Pub. L. 108–199, Sec. 803.

Dated: December 7, 2004.

William T. Hogarth,

Assistant Administrator for Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–27367 Filed 12–13–04; 8:45 am]

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