[Federal Register Volume 67, Number 191 (Wednesday, October 2, 2002)]
[Rules and Regulations]
[Pages 61826-61827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 092602C]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area 
(BSAI)

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

ACTION: Reallocation.

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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

[[Page 61827]]

in the BSAI. These actions are necessary to allow the 2002 total 
allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective September 27, 2002, until 2400 hours, A.l.t., December 
31, 2002.

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.
    The emergency rule implementing the 2002 harvest specifications and 
associated management measures for the groundfish fisheries off Alaska 
(67 FR 956, January 8, 2002, and 67 FR 34860, May 16, 2002) established 
the amount of the 2002 BSAI Pacific cod TAC as 185,000 metric tons (mt) 
after subtraction of the community development quota (CDQ) reserves and 
apportionment of the reserve. Pursuant to Sec.  679.20(a)(7)(i)(A), 
3,700 mt was allocated to vessels using jig gear, 94,350 mt to vessels 
using hook-and-line or pot gear, and 86,950 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 (i) 80 percent to catcher/processor vessels using hook-and-
line gear; (ii) 0.3 percent to catcher vessels using hook-and-line 
gear; (iii) 18.3 percent to vessels using pot gear; and (iv) 1.4 
percent to catcher vessels less than 60 ft length overall (18.3 m) that 
use either hook-and-line or pot gear (Sec.  679.20(a)(7)(i)(C)).
    As of September 7, 2002, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher/processors 
will not be able to harvest 3,000 mt and trawl catcher vessels will not 
be able to harvest 1,000 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 4,000 mt of Pacific cod from trawl 
gear to vessels using hook-and-line or pot gear.
    The Regional Administrator also has determined that vessels using 
jig gear will not harvest 3,400 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 3,400 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), 200 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, 7,200 mt, 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 by the 
emergency rule implementing 2002 harvest specifications and associated 
management measures for the groundfish fisheries off Alaska (67 FR 956, 
January 8, 2002, and 67 FR 34860, May 16, 2002) are revised as follows: 
300 mt to vessels using jig gear, 81,920 mt to catcher processor 
vessels using hook-and-line gear, 482 mt to catcher vessels using hook-
and-line gear, 17,535 mt to pot gear, 40,475 mt to trawl catcher/
processors, and 42,475 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 good cause to waive the requirement to provide prior notice 
and opportunity for public comment pursuant to the authority set forth 
at 5 U.S.C. 553(b)(B) as such requirement is contrary to the public 
interest. This requirement is contrary to the public interest as it 
would delay the implementation of these measures in a timely fashion in 
order to allow full utilization of the Pacific cod TAC, and therefore 
reduce the public's ability to use and enjoy the fishery resource.
    The Assistant Administrator for Fisheries, NOAA, also finds good 
cause to waive the 30-day delay in the effective date of this action 
under 5 U.S.C. 553(d)(3). This finding is based upon the reasons 
provided above for waiver of prior notice and opportunity for public 
comment.
    This action is taken under 50 CFR 679.20 and is exempt from OMB 
review under Executive Order 12866.

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

    Dated: September 26, 2002.
Virginia M. Fay,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-25064 Filed 9-27-02; 4:12 pm]
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