[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Rules and Regulations]
[Page 70924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26951]


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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.

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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 Sec.  679.20(c)(3)(iii), Sec.  
679.20(c)(5), and Sec.  679.20(a)(7)(i)(A) and (C).
    In accordance with Sec.  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 Sec.  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]
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