Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod,

[Federal Register: December 9, 1999 (Volume 64, Number 236)]

[Rules and Regulations]

[Page 68949-68950]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09de99-12]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 120299B]

Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Reallocation.

SUMMARY: NMFS is reallocating projected unused amounts of Bering Sea and Aleutian Islands management area (BSAI) Pacific cod from trawl catcher/processors and trawl catcher vessels to vessels using hook-and- line or pot gear. This action is necessary to allow the 1999 total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective December 6, 1999 through December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Andrew Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 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.

In accordance with Sec. 679.20(c)(5), the Final 1999 Harvest Specifications for Groundfish for the BSAI (64 FR 12103, March 11, 1999) established the Pacific cod initial TAC for the BSAI as 163,725 metric tons (mt). Of this amount, 3,275 mt was allocated to vessels using jig gear, 38,475 mt to trawl catcher vessels, 38,475 mt to trawl catcher/processors, and 83,500 mt to vessels using hook-and-line or pot gear. Subsequently, 5,000 mt were reallocated from the trawl catcher/ processors to vessels using hook-and-line or pot gear and 2,800 mt were reallocated from vessels using jig gear to vessels using hook-and-line or pot gear (64 FR 52472, September 29, 1999). That reallocation resulted in allocations of 475 mt to vessels using jig gear, 38,475 mt to trawl catcher vessels, 33,475 mt to trawl catcher/processors, and 91,300 mt to vessels using hook-and-line or pot gear.

[[Page 68950]]

As of November 20, 1999, the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that approximately 2,500 mt of Pacific cod remain in the trawl catcher/processor allocation and approximately 2,500 mt remain in the trawl catcher vessel allocation. Based on effort projections and recognizing that directed fishing for Pacific cod by trawl catcher/processors and trawl catcher vessels will be constrained by Pacific halibut bycatch restrictions, the Regional Administrator has determined that trawl catcher/processors will not be able to harvest 2,000 mt of Pacific cod and trawl catcher vessels will not be able to harvest 2,000 mt allocated to these sectors under Sec. 679.20(a)(7)(i)(B).

Therefore, in accordance with Sec. 679.20(a)(7)(ii)(B), NMFS is apportioning the projected unused amount, 2,000 mt of Pacific cod from trawl catcher/processors and 2,000 mt of Pacific cod from trawl catcher vessels to vessels using hook-and-line or pot gear. The resulting apportionments of Pacific cod are 475 mt to vessels using jig gear, 36,475 mt to trawl catcher vessels, 31,475 mt to trawl catcher/ processors, and 95,300 mt to vessels using hook-and-line or pot gear.

Classification

This action responds to the best available information recently obtained from the fishery. It must be implemented immediately in order to allow full utilization of the Pacific cod TAC. A delay in the effective date is impracticable and contrary to the public interest. Further delay would only disrupt the FMP's objective of providing a portion of the Pacific cod TAC for hook-and-line or pot gear in the BSAI. NMFS finds for good cause that the implementation of this action can not be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is hereby waived.

This action is taken under 50 CFR 679.20, and is exempt from OMB review under E.O. 12866.

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

Dated: December 3, 1999. Richard W. Surdi, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 99-31953Filed12-6-99; 3:58 pm]

BILLING CODE 3510-22-F

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