[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Rules and Regulations]
[Pages 50858-50859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25030]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010112013-1013-01; I.D. 092501B]


Fisheries of the Exclusive Economic Zone off Alaska; Pacific Cod 
in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using trawl and jig gear to vessels using hook-and-
line or pot gear in the BSAI. These actions are necessary to allow the 
2001 total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective October 2, 2001, until 2400 hours, A.l.t., December 
31, 2001.

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 at 50 CFR part 679.
    The Final 2001 Harvest Specifications and Associated Management 
Measures for the Groundfish Fisheries Off Alaska (66 FR 7276, January 
22, 2001 and 66 FR 37167, July 17, 2001) established the amount of the 
2001 BSAI Pacific cod TAC as 188,000 metric tons (mt). Pursuant to 
Sec.  679.20(a)(7)(i)(A), 3,478 mt was allocated to vessels using jig 
gear, 88,689 mt to vessels using hook-and-line or pot gear, and 81,733 
mt to vessels using trawl gear. The share of the Pacific cod TAC 
allocated to trawl gear was further allocated 50 percent to catcher 
vessels and 50 percent to catcher/processor vessels (Sec.  
679.20(a)(7)(i)(B)). The share of the Pacific cod TAC allocated to 
hook-and-line or pot gear was further allocated as follows: (1) 80 
percent to catcher/processor vessels using hook-and-line gear; (2) 0.3 
percent to catcher vessels using hook-and-line gear; (3) 18.3 percent 
to vessels using pot gear; and (4) 1.4 percent to catcher vessels less 
than 60 ft LOA that use either hook-and-line or pot gear (Sec.  
679.20(a)(7)(i)(C)).
    As of September 15, 2001, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher/processors 
will not be able to harvest 10,000 mt and trawl catcher vessels will 
not be able to harvest 14,000 mt of Pacific cod allocated to those 
vessels under Sec. 679.20(a)(7)(i)(B). Therefore, in accordance with 
Sec. 679.20(a)(7)(ii)(C), NMFS apportions 24,000 mt of Pacific cod from 
trawl gear to vessels using hook-and-line or pot gear.
    The Regional Administrator has also determined that vessels using 
jig gear will not harvest 3,000 mt of their Pacific cod allocation by 
the end of the year. Therefore, in accordance with 
Sec. 679.20(a)(7)(ii)(C), NMFS is reallocating the unused amount of 
3,000 mt of Pacific cod allocated to vessels using jig gear to vessels 
using hook-and-line or pot gear.
    In accordance with Sec. 679.20(a)(7)(ii)(C)(1), 400 mt of the 
combined reallocation of unused Pacific cod from trawl and jig gear is 
apportioned to catcher vessels using hook-and-line gear. In accordance 
with Sec. 679.20(a)(7)(ii)(C)(2), the remaining combined reallocation 
of unused Pacific cod from trawl and jig gear, 25,600 mt,

[[Page 50859]]

is apportioned so that catcher/processor vessels using hook-and-line 
gear will receive 95 percent and vessels using pot gear will receive 5 
percent of the reallocation.
    The harvest specifications for Pacific cod established in the Final 
2001 Harvest Specifications and Associated Management Measures for the 
Groundfish Fisheries Off Alaska (66 FR 7276, January 22, 2001 and 66 FR 
37167, July 17, 2001) are revised as follows: 478 mt to vessels using 
jig gear, 95,821 mt to catcher processor vessels using hook-and-line 
gear, 665 mt to catcher vessels using hook-and-line gear, 17,469 mt to 
pot gear, 30,867 mt to trawl catcher/processors, and 26,867 mt to trawl 
catcher vessels.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to allow 
the 2001 TAC of Pacific cod in the BSAI to be harvested constitutes 
good cause to waive the requirement to provide prior notice or 
opportunity for public comment pursuant to the authority set forth at 5 
U.S.C. 553(b)(3)(B) and 50 CFR 679.20(b)(3)(iii)(A), as such procedures 
would be unnecessary and contrary to the public interest. Similarly, 
the need to implement these measures in a timely fashion to allow the 
2001 TAC of Pacific cod in the BSAI to be harvested constitutes good 
cause to find that the effective date of this action cannot 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 Executive Order 12866.

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

    Dated: September 28, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-25030 Filed 10-2-01; 4:49 pm]
BILLING CODE 3510-22-S