[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Rules and Regulations]
[Pages 20919-20920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9844]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000211039-0039-01; I.D. 041200A]


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.
    This action is necessary to meet the objectives in the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
and is intended to further the goals and objectives of the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP).

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 19, 2000, 
until 2400 hrs, A.l.t., December 31, 2000. Comments must be received by 
May 4, 2000.

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 99801 or P.O. 
Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery or 
courier delivery of comments may be sent to the Federal Building, 709 
West 9th St., Room 453, Juneau, AK 99801. Comments will not be accepted 
if submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, (907)481-1780, fax 
(907)481-1781, or [email protected].

SUPPLEMENTARY INFORMATION:
    NMFS manages the groundfish fishery in the GOA exclusive economic 
zone according to the 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 initial TAC of Pacific cod in the Western, Central, and Eastern 
Regulatory Areas of the GOA was established by the Final 2000 Harvest 
Specifications for Groundfish of the GOA (65 FR 8298, February 18, 
2000) as 16,500 metric tons (mt), 27,264 mt, and 3,208 mt, 
respectively. Directed fishing for Pacific cod for processing by the 
offshore component in the Western Regulatory Area of the GOA was closed 
on February 7, 2000, and by the inshore component in the Western and 
Central Regulatory Areas of the GOA on March 4, 2000, under 
Sec. 679.20(d)(1)(iii), in order to prevent exceeding the allocation 
for processing by the offshore and inshore components in these areas 
(65 FR 6561, February 10, 2000, and 65 FR 12137 and 12138, March 8, 
2000).
    The reserves of Pacific cod in the GOA were created by the Final 
2000 Harvest Specifications for Groundfish of the GOA (65 FR 8298, 
February 18, 2000) as a management buffer to prevent exceeding the TACs 
and to provide greater assurance that Pacific cod could be retained as 
bycatch throughout the fishing year.
    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 11,743 mt of Pacific cod 
from the reserve to the TAC in the GOA: 4,125 mt in the Western, 6,816 
mt in the Central, and 802 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 2000 Pacific cod TACs for vessels catching Pacific 
cod for processing by the inshore component to 18,563 mt, 30,672 mt, 
and 3,609 mt in the Western, Central, and Eastern Regulatory Areas 
respectively, and for the offshore component to 2,062 mt, 3,408 mt and 
401 mt in the Western, Central, and Eastern Regulatory Areas 
respectively. 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 25, 2000, NMFS estimates the 
initial TACs of 14,850 mt and 24,538 mt allocated to the inshore 
component in the Western and the Central Regulatory Areas of the GOA 
have been reached and that the initial TAC of 1,650 mt allocated to the 
offshore component in the Western Regulatory Area of the GOA has 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.
    Maximum retainable bycatch amounts may be found in the regulations 
at Sec. 679.20(e) and (f).

Classification

    This action responds to the initial TAC limitations for Pacific cod 
established in the Final 2000 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

[[Page 20920]]

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 5 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: April 13, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-9844 Filed 4-18-00; 8:45 am]
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