[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-22-F