Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 75005

necessary to prevent exceeding the 2004 

total allowable catch (TAC) of Pacific 

cod allocated for catcher vessels 60 feet 

(18.3 m) LOA and longer using hookand-line gear in this area.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), December 10, 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 

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 final harvest specification 

for groundfish of the BSAI (69 FR 9242, 

February 27, 2004), allocated a directed 

fishing allowance for Pacific cod of 303 

metric tons to catcher vessels 60 feet 

(18.3 m) LOA and longer using hookand-line gear in the BSAI. 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 

Pacific cod TAC allocated as a directed 

fishing allowance to catcher vessels 60 

feet (18.3 m) LOA and longer using 

hook-and-line gear in the BSAI will 

soon be reached. Consequently, NMFS 

is prohibiting directed fishing for Pacific 

cod by catcher vessels 60 feet (18.3 m) 

LOA and longer using hook-and-line 

gear in the BSAI.

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 

specified for catcher vessels 60 feet LOA 

and longer 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: Authority: 16 U.S.C. 1801 et 

seq.

Dated: December 10, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–27429 Filed 12–10–04; 3:10 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. 

120904D]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Apportionment of reserve; 

request for comments.

SUMMARY: NMFS apportions amounts of 

the non-specified reserve of groundfish 

to certain target species in the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

account for previous harvest of the total 

allowable catch (TAC). It is intended to 

promote the goals and objectives of the 

fishery management plan for groundfish 

of the BSAI.

DATES: Effective December 15, 2004. 

Written comments must be received no 

later than 4:30 p.m., Alaska local time, 

December 29, 2004.

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Lori Durall. Comments may be 

submitted by:

• Mail to: P.O. Box 21668, Juneau, AK 

99802;

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska;

• FAX to 907–586–7557;

• E-mail to bsairel04l2@noaa.gov

and include in the subject line of the email comment the document identifier: 

bsairel04l2; or

• Webform at the Federal 

eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments.

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 Administrator, Alaska Region, 

NMFS, has determined that the initial 

TACs specified in the 2004 final harvest 

specifications for groundfish in the 

BSAI (69 FR 9242, February 27, 2004) 

for arrowtooth flounder, flathead sole, 

‘‘other flatfish’’ and rock sole in the 

BSAI need to be supplemented from the 

non-specified reserve in order to 

account for prior harvest.

Therefore, in accordance with 

§ 679.20(b)(3), NMFS apportions 

amounts from the non-specified reserve 

to the TACs for the following species or 

species groups in the BSAI: 5,000 mt to 

arrowtooth flounder, 500 mt to flathead 

sole, 1,900 to ‘‘other flatfish’’ and 4,190 

to rock sole. These apportionments are 

consistent with § 679.20(b)(1)(ii) and do 

not result in overfishing of a target 

species because the revised TACs are 

equal to or less than specifications of 

acceptable biological catch (69 FR 9242, 

February 27, 2004).

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) and 679.20 (b)(3)(iii)(A) 

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 

apportionment of the reserves. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

75006 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

only became available as of December 3, 

2004.

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.

Under § 679.20(b)(3)(iii), interested 

persons are invited to submit written 

comments on this action (see 

ADDRESSES) until December 29, 2004.

This action is required by 50 CFR 

679.20 and is exempt from review under 

Executive Order 12866.

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

Dated: December 10, 2004.

Alen D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–27432 Filed 12–14–04; 8:45 am]

BILLING CODE 3510–22–S