[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Rules and Regulations]
[Pages 70557-70558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29891]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 111802A]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of 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.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using pot and trawl gear to catcher/processor vessels 
using hook-and-line gear in the BSAI. These actions are necessary to 
allow the 2002 total allowable catch (TAC) of Pacific cod to be 
harvested.

DATES: Effective November 20, 2002, until 2400 hours, A.l.t., December 
31, 2002.

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.
    On October 2, 2002 (67 FR 61826), 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) were 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 vessels using 
pot gear, 40,475 mt to trawl catcher/processors, and 42,475 mt to trawl 
catcher vessels.
    As of November 8, 2002, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher/processors 
will not be able to harvest 3,500 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 4,500 mt of Pacific cod from trawl 
gear to catcher/processor vessels using hook-and-line gear.
    The Regional Administrator determined that vessels using pot gear 
will not be able to harvest 3,500 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 
3,500 mt of Pacific cod allocated to vessels using pot gear to catcher/
processor vessels using hook-and-line gear.
    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) and the reallocation of 
Pacific cod in the Bering Sea and Aleutian Islands management area (67 
FR 61826, October 2, 2002) are revised as follows: 89,920 mt to catcher 
processor vessels using hook-and-line gear, 14,035 mt to pot gear, 
36,975 mt to trawl catcher/processors, and 41,475 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

[[Page 70558]]

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

    Dated: November 19, 2002.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-29891 Filed 11-20-02; 4:27 pm]
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