[Federal Register Volume 61, Number 167 (Tuesday, August 27, 1996)]
[Proposed Rules]
[Pages 44033-44034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21709]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 960129019-6019-01; I.D. 081696B]


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
of the Bering Sea and Aleutian Islands Area; Reallocation of Pacific 
Cod

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

ACTION: Reallocation; request for comments.

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SUMMARY: NMFS proposes to reallocate the projected unused amount of 
Pacific cod from vessels using trawl gear to vessels using hook-and-
line or pot gear in the Bering Sea and Aleutian Islands management area 
(BSAI) and is inviting comments. The proposed action is necessary to 
allow the 1996 total allowable catch (TAC) of Pacific cod to be 
harvested. It is intended to promote the goals and objectives of the 
North Pacific Fishery Management Council (Council).

DATES: Comments must be received at the following address no later than 
4:30 p.m., Alaska local time, September 5, 1996.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802-1668, or delivered to the Federal Building, 709 West 9th Street, 
Room 453, Juneau, AK Attn: Lori Gravel.

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

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area (FMP) prepared by the Council under authority of the Magnuson 
Fishery Conservation and Management Act. Fishing by U.S. vessels is 
governed by regulations implementing the FMP at subpart H of 50 CFR 
part 600 and 50 CFR part 679.
    The Director, Alaska Region, NMFS, has determined that vessels 
using trawl gear will not be able to harvest 15,000 metric tons (mt) of 
Pacific cod allocated to those vessels under Sec. 679.20(a)(7)(i)(A).
    As of July 27, 1996, NMFS estimates 47,540 mt remain in the trawl 
gear share of the 1996 Pacific cod TAC and projects that trawl gear 
will take 32,540 mt during the remainder of 1996.
    Trawl fisheries that will take Pacific cod include the directed 
Pacific cod, yellowfin sole, pollock, and rockfish fishery. NMFS closed 
directed fishing for Pacific cod by vessels using trawl gear in the 
BSAI effective June 23, 1996, until October 25, 1996, to prevent 
exceeding the first seasonal bycatch allowance of Pacific halibut 
apportioned to the trawl Pacific cod fishery category in the BSAI. The 
directed fishery for Pacific cod with trawl gear will open October 25, 
1996. One hundred eighty nine mt of prohibited species bycatch 
allowance of halibut mortality remain in

[[Page 44034]]

that allocation. Based on 1995 halibut bycatch rates for that fishery, 
11,040 mt of Pacific cod is expected to be harvested in the directed 
fishery for Pacific cod with trawl gear. The trawl yellowfin sole, 
rockfish, and pollock directed fisheries will take Pacific cod as 
bycatch. Based on the remaining halibut mortality and the ratio of 
halibut mortality to Pacific cod caught in those directed fisheries 
after August 1, 1995, 21,495 mt of Pacific cod are estimated to be 
needed.
    The directed fishery for Pacific cod by vessels using hook-and-line 
gear will reopen on September 1 when 360 mt of prohibited species 
bycatch allowance of halibut mortality become available for that 
fishery. Based on the ratio of Pacific cod caught to halibut mortality 
during the September and October hook-and-line fishery in 1995, NMFS 
estimates that hook-and-line gear will take 31,000 mt of Pacific cod. 
Pot gear is expected to take an additional 3,500 mt during September 
and October of 1996. The combined hook-and-line/pot gear capacity after 
September 1, 1996 is 34,500 mt. Without the proposed reallocation of 
Pacific cod from trawl to hook-and-line and pot gear, 20,000 mt of 
Pacific cod is expected to be available for vessels fishing with those 
gears.
    During 1995 NMFS did not reallocate unused amounts of Pacific cod 
from vessels using trawl gear to vessels using hook-and-line/pot gear 
until November when the trawl component of the fishery had completed 
its season and the trawl catch for 1995 was realized. As a consequence, 
a portion of the hook-and-line/pot fleet was unable to participate and 
the remainder was unable to sustain a continuous fishery and 
experienced unnecessary expenses associated with initiating the short-
term fishery during November. In addition, the halibut mortality 
incurred per metric ton of Pacific cod caught during the last opening 
of the fishery in 1995 was higher, providing less desirable utilization 
of halibut mortality.
    Therefore, in accordance with Sec. 679.20(a)(7)(ii), NMFS proposes 
to apportion the projected unused amount, 15,000 mt of Pacific cod from 
vessels using trawl gear to vessels using hook-and-line or pot gear.
    NMFS invites public comments and will consider those received 
during the comment period in determining whether to reallocate an 
unused amount of Pacific cod from trawl gear to hook-and-line or pot 
gear.

Classification

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

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

    Dated: August 20, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 96-21709 Filed 8-21-96; 4:07 pm]
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