[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Rules and Regulations]
[Page 54381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27232]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208298-8055-02; I.D. 082798B]


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.

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SUMMARY: NMFS is reallocating the projected unused amount of Bering Sea 
and Aleutian Islands management area (BSAI) Pacific cod from trawl 
catcher/processors and vessels using jig gear to vessels using hook-
and-line or pot gear. These actions are necessary to allow the 1998 
total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective October 6, 1998.

FOR FURTHER INFORMATION CONTACT: Andrew N. 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 Pacific cod TAC for the 
BSAI was established as 210,000 mt by the Final 1998 Harvest 
Specifications for Groundfish for the BSAI (63 FR 12689, March 16, 
1998). Of this amount, 3,885 mt was allocated to vessels using jig 
gear, 45,649 mt to trawl catcher vessels, 45,649 mt to trawl catcher/
processors, and 99,068 mt to vessels using hook-and-line or pot gear.
    On September 4, 1998, NMFS published a request for public comment 
on a proposed reallocation of BSAI Pacific cod from trawl catcher/
processors to either trawl catcher vessels and/or to vessels using 
hook-and line or pot gear (63 FR 47218, September 4, 1998). Five 
letters of comment were received during the comment period from hook-
and-line and trawl catcher/processor industry representatives. No 
comments were received from trawl catcher vessels expressing interest 
in the trawl catcher/processor projected unused amount. Trawl catcher/
processor representatives expressed an interest in targeting Pacific 
cod in October and November after the end of the B season pollock 
fishery. Based on those comments and the expected bycatch of Pacific 
cod in the continuing pollock, yellowfin sole, and Atka mackerel 
fisheries, the projected unused amount was reduced from 7,000 mt to 
1,500 mt.
    Accordingly, the Acting Administrator, Alaska Region, NMFS (Acting 
Regional Administrator), has determined that trawl catcher/processors 
will not be able to harvest 1,500 mt of Pacific cod allocated to those 
vessels under Sec. 679.20(a)(7)(i)(A).
    Therefore, in accordance with Sec. 679.20(a)(7)(ii), NMFS 
apportions 1,500 mt of Pacific cod from trawl catcher/processors to 
vessels using hook-and-line or pot gear.
    The Acting Regional Administrator also has determined that vessels 
using jig gear will not harvest 3,500 mt of Pacific cod by the end of 
the year. Therefore, in accordance with Sec. 679.20(a)(7)(iii), NMFS is 
reallocating the unused amount of 3,500 mt of Pacific cod allocated to 
vessels using jig gear to vessels using hook-and-line or pot gear.

Classification

    This action is taken under 50 CFR 679.20 and is exempt from OMB 
review under E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA, has determined, 
under section 553(b)(B) and (d)(3) of the Administrative Procedure Act 
and 50 CFR 679.20(b)(3)(iii)(A), that good cause exists for waiving the 
opportunity for public comment and the 30-day delayed effectiveness 
period for this action. Fisheries are currently taking place that will 
be supplemented by this apportionment. Delaying the implementation of 
this action would be disruptive and costly to these ongoing operations.

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

    Dated: October 6, 1998.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-27232 Filed 10-6-98; 2:36 pm]
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