[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Rules and Regulations]
[Pages 52472-52473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25239]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 092299A]


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 Bering Sea and Aleutian Islands 
management area (BSAI) Pacific cod that is projected to by unused by 
trawl catcher/processors and vessels using jig gear 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 September 23, 1999.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 TAC, after the release of the 
reserves, 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.
    As of September 11, 1999, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that approximately 10,979 mt 
of Pacific cod remain in the catcher/processor allocation. Based on 
projected harvest rates of Pacific cod, and recognizing that directed 
fishing for Pacific cod by trawl catcher/processors will be constrained 
by Pacific halibut bycatch restrictions, the Regional Administrator has 
determined that trawl catcher/processors will not be able to harvest 
5,000 mt of Pacific cod allocated to this sector 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, 5,000 mt, of Pacific cod from trawl catcher/processors to 
vessels using hook-and-line or pot gear.
    The Regional Administrator, also has determined that vessels using 
jig gear will not harvest 2,800 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 2,800 mt of Pacific cod allocated to 
vessels using jig gear 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

[[Page 52473]]

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: September 23, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-25239 Filed 9-23-99; 5:03 pm]
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