Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone Gulf of Alaska pelagic shelf rockfish,
[Federal Register: July 26, 2004 (Volume 69, Number 142)]
[Rules and Regulations]
[Page 44473]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy04-10]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 031125292-4061-02; I.D. 072004C]
Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic Shelf Rockfish in the West Yakutat District of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
SUMMARY: NMFS is prohibiting directed fishing for pelagic shelf rockfish in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2004 total allowable catch (TAC) of pelagic shelf rockfish in this area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 21, 2004, through 2400 hrs, A.l.t., December 31, 2004.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-2778.
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 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 at 50 CFR part 679.
The 2004 TAC specified for pelagic shelf rockfish in the West Yakutat District of the GOA is 210 metric tons (mt) as established by the 2004 harvest specifications for groundfish of the GOA (69 FR 9261, February 27, 2004).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2004 TAC for pelagic shelf rockfish in the West Yakutat District will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 200 mt, and is setting aside the remaining 10 mt as bycatch to support other anticipated groundfish fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pelagic shelf rockfish in the West Yakutat District of the GOA.
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 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 closure of the directed fishery for pelagic shelf rockfish in the West Yakutat District 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.
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: July 20, 2004. Alan D. Risenhoover Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 04-16952 Filed 7-21-04; 3:07 pm]
BILLING CODE 3510-22-S
