5934 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Rules and Regulations 

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031126297–3297–01; I.D. 

020204B]

Fisheries of the Exclusive Economic 

Zone off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason adjustment; request for 

comments.

SUMMARY: NMFS issues an inseason 

adjustment opening directed fishing for 

pollock in Statistical Area 630 of the 

Gulf of Alaska (GOA) for 12 hours 

effective 1200 hrs, Alaska local time 

(A.l.t.), February 4, 2004, until 2400 hrs, 

A.l.t., February 4, 2004. This adjustment 

is necessary to allow the fishing 

industry opportunity to harvest the 2004 

interim total allowable catch (TAC) of 

pollock specified for Statistical Area 630 

of the GOA.

DATES: Effective 1200 hrs, A.l.t., 

February 4, 2004, until 2400 hrs, A.l.t., 

February 4, 2004. Comments must be 

received no later than 4:30 p.m., A.l.t., 

February 24, 2004.

ADDRESSES: Comments may be mailed to 

Sue Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, P.O. 

Box 21668, Juneau, AK 99802–1668, 

Attn: Lori Durall. Comments also may 

be sent via facsimile (fax) to 907 586 

7557 or email to 

AKR.eComments@noaa.gov. Courier or 

hand delivery of comments may be 

made to NMFS in the Federal Building, 

Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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.

NMFS issued a prohibition to directed 

fishing for pollock effective January 21, 

2004, for Statistical Area 630, in 

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

69 FR 2850, January 21, 2004).

As of January 29, 2004, 1,463 metric 

tons (mt) of pollock remain in the 2004 

interim TAC of pollock specified for 

Statistical Area 630 of the GOA. 

Regulations at § 679.23(b) specify that 

the time of all openings and closures of 

fishing seasons other than the beginning 

and end of the calendar fishing year is 

1200 hrs, A.l.t. Current information 

shows the catching capacity of vessels 

catching pollock for processing by the 

inshore component in Statistical Area 

630 of the GOA is about 2,500 mt per 

day. The Administrator, Alaska Region, 

NMFS, has determined that the 2004 

interim TAC of pollock could be 

exceeded if a 24–hour fishery were 

allowed to occur. NMFS intends that the 

seasonal allowance not be exceeded 

and, therefore, will not allow a 24–hour 

directed fishery. NMFS, in accordance 

with § 679.25(a)(1)(i)and 

§ 679.25(a)(2)(i)(A)(C), is adjusting 

directed fishery for pollock in Statistical 

Area 630 of the GOA by opening the 

fishery at 1200 hrs, A.l.t., February 4, 

2004, and closing the fishery at 2400 

hrs, A.l.t., February 4, 2004, at which 

time directed fishing for pollock will be 

prohibited. This action has the effect of 

opening the fishery for 12 hours.

NMFS is taking this action to allow a 

controlled fishery to occur, thereby 

preventing the overharvest of the 2004 

interim TAC of pollock designated in 

accordance with the interim 2004 

harvest specifications for groundfish in 

the GOA (68 FR 67964, December 5, 

2004) and § 679.20(a)(5)(iii). In 

accordance with § 679.25(a)(2)(iii), 

NMFS has determined that prohibiting 

directed fishing at 2400 hrs, A.l.t., 

February 4, 2004, after a 12 hour 

opening is the least restrictive 

management adjustment to achieve the 

2004 interim TAC of pollock in 

Statistical Area 630 of the GOA. 

Pursuant to § 679.25(b)(2), NMFS has 

considered data regarding catch per unit 

of effort and rate of harvest in making 

this adjustment.

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 the Agency 

from responding to the most recent 

fisheries data in a timely fashion and, 

thus, prevent the full utilization of the 

2004 interim TAC of pollock in 

statistical area 630 of the GOA.

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.

Without this inseason adjustment, 

NMFS could not allow the 2004 interim 

TAC of pollock in Statistical Area 630 

of the GOA to be harvested in an 

expedient manner. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until February 19, 2004.

This action is required by §§ 679.20 

and 679.25 and is exempt from review 

under Executive Order 12866.

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

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–2715 Filed 2–4–04; 2:43 pm]

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