[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Rules and Regulations]
[Pages 68949-68950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31953]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990304063-9063-01; I.D. 120299B]


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 projected unused amounts of Bering Sea 
and Aleutian Islands management area (BSAI) Pacific cod from trawl 
catcher/processors and trawl catcher vessels 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 December 6, 1999 through December 31, 1999.

FOR FURTHER INFORMATION CONTACT: Andrew 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 Final 1999 Harvest 
Specifications for Groundfish for the BSAI (64 FR 12103, March 11, 
1999) established the Pacific cod initial TAC 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. Subsequently, 5,000 mt were reallocated from the trawl catcher/
processors to vessels using hook-and-line or pot gear and 2,800 mt were 
reallocated from vessels using jig gear to vessels using hook-and-line 
or pot gear (64 FR 52472, September 29, 1999). That reallocation 
resulted in allocations of 475 mt to vessels using jig gear, 38,475 mt 
to trawl catcher vessels, 33,475 mt to trawl catcher/processors, and 
91,300 mt to vessels using hook-and-line or pot gear.

[[Page 68950]]

    As of November 20, 1999, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that approximately 2,500 mt of 
Pacific cod remain in the trawl catcher/processor allocation and 
approximately 2,500 mt remain in the trawl catcher vessel allocation. 
Based on effort projections and recognizing that directed fishing for 
Pacific cod by trawl catcher/processors and trawl catcher vessels will 
be constrained by Pacific halibut bycatch restrictions, the Regional 
Administrator has determined that trawl catcher/processors will not be 
able to harvest 2,000 mt of Pacific cod and trawl catcher vessels will 
not be able to harvest 2,000 mt allocated to these sectors 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, 2,000 mt of Pacific cod from 
trawl catcher/processors and 2,000 mt of Pacific cod from trawl catcher 
vessels to vessels using hook-and-line or pot gear. The resulting 
apportionments of Pacific cod are 475 mt to vessels using jig gear, 
36,475 mt to trawl catcher vessels, 31,475 mt to trawl catcher/
processors, and 95,300 mt 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 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: December 3, 1999.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-31953 Filed 12-6-99; 3:58 pm]
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