[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Rules and Regulations]
[Pages 16362-16363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8289]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9062-01; I.D. 033099B]


Fisheries of the Exclusive Economic Zone Off Alaska, Pacific Cod 
in the Gulf of Alaska

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

ACTION: Apportionment of reserve.

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SUMMARY: NMFS is apportioning the initial reserve of Pacific cod in the 
Gulf of Alaska (GOA). This action is necessary to allow incidental 
catch of Pacific cod to be retained in other directed fisheries and to 
account for previous harvest of the total allowable catch (TAC) in the 
GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 5, 1999, 
until 2400, A.l.t., December 31, 1999. Comments must be received by 
April 20, 1999.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant 
Administrator for Fisheries, Sustainable Fisheries Division, Alaska 
Region, NMFS, 709 West 9th Street, Room 453, Juneau, AK

[[Page 16363]]

99801 or P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-481-1780 or 
[email protected].

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 50 CFR part 679.
    The Final 1999 Harvest Specifications for Groundfish of the GOA (64 
FR 12094, March 11, 1999) established the initial TAC of Pacific cod in 
the Western, Central, and Eastern Regulatory Areas of the GOA as 18,904 
metric tons (mt), 34,348 mt, and 1,016 mt in the Western, Central, and 
Eastern Regulatory Areas respectively. Directed fishing for Pacific cod 
for processing by the inshore component in the Western Regulatory Area 
of the GOA was closed on March 8, 1999, and in the Central Regulatory 
Area on March 14, 1999, under Sec. 679.20(d)(1)(iii), in order to 
prevent exceeding the allocation for processing by the inshore 
component in these areas (64 FR 12768, March 15, 1999 and 64 FR 13122, 
March 17, 1999).
    The Final 1999 Harvest Specifications for Groundfish of the GOA (64 
FR 12094, March 11, 1999) created reserves of Pacific cod in the GOA as 
a management buffer to prevent exceeding the TACs and to provide 
greater assurance that incidental catch of Pacific cod could be 
retained throughout the fishing year in other fisheries.
    The Administrator, Alaska Region, NMFS, (Regional Administrator), 
has determined that the initial TAC for Pacific cod in the GOA needs to 
be supplemented from the Pacific cod reserve for the GOA in order to 
allow incidental catch of Pacific cod to be retained in other fisheries 
and to account for prior harvest. Therefore, in accordance with 
Sec. 679.20(b)(3)(i)(A), NMFS is apportioning 13,567 mt of Pacific cod 
from the reserve to the TAC in the GOA: 4,726 mt in the Western, 8,587 
mt in the Central, and 254 mt in the Eastern Regulatory Areas.
    Pursuant to Sec. 679.20(a)(6)(iii), the apportionment of the 
Pacific cod reserve in the GOA is allocated to vessels catching Pacific 
cod for processing by the inshore and offshore components as 90 percent 
and 10 percent of the TAC, respectively. This action increases the 
total allocation of the 1999 Pacific cod TACs for vessels catching 
Pacific cod for processing by the inshore component to 21,267 mt, 
38,642 mt, and 1,143 mt in the Western, Central, and Eastern Regulatory 
Areas, respectively, and for the offshore component to 2,363 mt, 4,293 
mt and 127 mt in the Western, Central, and Eastern Regulatory Areas, 
respectively. Maximum retainable bycatch amounts may be found in the 
regulations at Sec. 679.20(e) and (f).

Classification

    In accordance with Sec. 679.20(b)(3)(iii)(A), NMFS finds that there 
is good cause for not providing the public with a prior opportunity to 
comment. As of March 18, 1999, NMFS estimates the initial TACs of 
17,014 mt and 30,913 mt allocated to the inshore component in the 
Western and the Central Regulatory Areas of the GOA have been reached. 
This action is necessary to allow retention of amounts of Pacific cod 
that are caught incidentally while conducting directed fishing for 
other species in these areas.
    This action responds to the initial TAC limitations for Pacific cod 
established in the Final 1999 Harvest Specifications for Groundfish in 
the GOA. This action will allow incidental catch of Pacific cod to be 
retained in other directed fisheries. The alternative is to prohibit 
retention of Pacific cod which is contrary to the FMP goals of 
providing the opportunity to more fully utilizing the available TACs 
and reducing discards. A delay in the effective date is impracticable 
and contrary to the public interest as it relieves a potential 
restriction. NMFS finds for good cause that the implementation of this 
action should not be delayed for 30 days. Accordingly, under U.S.C 
553(d), a delay in the effective date is hereby waived.
    This action is required by 50 CFR 679.20 and is exempt from review 
under E.O. 12866.

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

    Dated: March 30, 1999.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-8289 Filed 4-2-99; 8:45 am]
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