[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Proposed Rules]
[Pages 49416-49420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21048]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 030804191-3191-01; I.D. 071603A]
RIN 0648-AR31


Fisheries of the Exclusive Economic Zone Off Alaska; Allocation 
of Pacific Cod Among Fixed Gear Sectors

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would implement Amendment 77 
to the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area (FMP). If approved, Amendment 77 would 
continue to apportion the Bering Sea and Aleutian Islands Management 
Area (BSAI) Pacific cod total allowable catch (TAC) among the fixed 
gear sectors. In addition, this action would split the pot sector share 
of the TAC between pot catcher/processors and pot catcher vessels, 
change the way the 2-percent annual BSAI Pacific cod allocation to jig 
gear is seasonally apportioned, and change the way unused portions are 
reallocated to other gear types. Amendment 77 is intended to maintain 
the stability of the fixed gear Pacific cod fishery. This action is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), the 
FMP, and other applicable laws.

DATES: Comments must be received by October 2, 2003.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK, 99802, Attn: Lori Durall, or delivered to 
room 420 of the Federal Building, 709 West 9th Street, Juneau, AK. 
Comments may also be sent via facsimile (fax) to 907-586-7557. Comments 
will not be accepted if submitted via e-mail or Internet. Copies of the 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) prepared for the proposed rule may 
be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Nina Mollett, 907-586-7462 or 
[email protected].

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone (EEZ) of the BSAI are managed under the FMP. The North 
Pacific Fishery Management Council (Council) prepared the FMP under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq. Regulations 
implementing the FMP appear at 50 CFR part 679. General regulations 
governing U.S. fisheries also appear at 50 CFR part 600.
    The Council submitted Amendment 77 for Secretary of Commerce 
review, and it published a Notice of Availability of the FMP amendment 
in the Federal Register on July 22, 2003 (68 FR 43342), with comments 
on the FMP amendment invited through September 22, 2003.
    Comments may address the FMP amendment, the proposed rule, or both, 
but must be received by September 22, 2003 to be considered in the 
approval/disapproval decision on the FMP amendment. All comments 
received by that time, whether specifically directed to the FMP 
amendment or to the proposed rule, will be considered in the approval/
disapproval decision on the FMP amendment.

Background

    Amendment 77 is intended to respond to concerns that the stability 
of the fully utilized Pacific cod fishery is threatened by increased 
competition. This competition has been fueled in part by recent 
increases in the market value of Pacific cod products and in part by 
decreases in opilio crab guideline harvest level (GHL). Participants in 
the BSAI fixed gear Pacific cod fishery include hook-and-line and pot 
gear fishermen with extensive catch histories. Absent the current gear 
allocations under Amendment 64, which are set to sunset on December 31, 
2003, no regulatory mechanism is in place that would prevent one sector 
from increasing its effort in the fishery and from eroding another 
sector's relative historical share. The proposed split between the two 
sectors of the Pacific cod pot gear fishery is similarly intended to 
prevent one sector from eroding the other's market share.
    Formal allocation of the BSAI Pacific cod TAC among gear types 
began in 1994 with the passage of Amendment 24 to the FMP. Amendment 24 
and subsequently Amendment 46 allocated the Pacific cod TAC among 
vessels using jig gear, trawl gear, and fixed gear (hook-and-line and 
pot). Under Amendment 46, which was implemented in 1997, 2 percent of 
the TAC was reserved for jig gear, 51 percent for fixed gear, and 47 
percent for trawl gear. The amendment further split the trawl 
apportionment equally between catcher vessels and catcher/processors, 
but did not split the fixed gear allocation between hook-and-line and 
pot gear vessels.
    At its April 1999 meeting, the Council initiated an analysis to 
examine the probable effects of further splitting the fixed gear 
allocation of Pacific cod. In October of that year, the Council 
approved Amendment 64, which allocated the fixed gear portion of the 
BSAI TAC among its four sectors as follows:
    [sbull]80 percent - hook-and-line catcher/processors;
    [sbull]0.3 percent - hook-and-line catcher vessels;
    [sbull]18.3 percent - pot vessels;
    [sbull]1.4 percent - catcher vessels less than 60 ft (18.3 m) 
length overall (LOA), using pot or hook-and-line gear.
    The percentages were roughly based on the historical harvest shares 
of each gear sector from 1995 through 1998, with the exception of the 
allocation to catcher vessels less than 60 ft (18.3 m) LOA, which 
received more than their actual historical share.
    Amendment 64 was approved by the U.S. Secretary of Commerce in July 
2000 and became effective on September 1, 2000 (65 FR 51553, August 24, 
2000). Amendment 64 and its implementing rule include a sunset date of 
December 31, 2003; the allocations established for the fixed gear 
sectors will expire at that time.
    Amendment 77 and its implementing rule would supersede Amendment 
64. It would remove the sunset provision for the fixed gear sector 
allocations established by Amendment 64. It would further allocate the 
pot sector's share between pot catcher vessels and pot catcher/
processors. It would also change the rollover provisions for unused 
quota from the jig gear sector, in effect reallocating some quota that 
is typically allocated to the catcher/processor sector to the less than 
60 ft (18.3 m) LOA catcher vessel sector. Each of these provisions is 
discussed below.

Preserving Allocation Among Fixed Gear Sectors

    Hook-and-line and pot gear fishermen have expressed concern with 
the

[[Page 49417]]

pending expiration of the fixed gear allocations for BSAI Pacific cod 
under Amendment 64, and the potential for serious disruption to the 
fishery if no gear allocations are in place for the 2004 fishing year. 
Increased prices for Pacific cod, reduced crab GHLs, and shortened or 
canceled crab seasons due to low resource abundance have resulted in 
increased harvests of Pacific cod by vessels using pot gear. Fishermen 
that are displaced from the crab fisheries have expressed interest in 
fishing for Pacific cod, spurring concerns by long-term Pacific cod 
fishermen about erosion of their gear harvest shares in the fishery in 
favor of vessels using pot gear with limited historical participation 
in the fishery. Approval of Amendment 77 would maintain the status quo 
allocations of Pacific cod for the fixed gear sector with some 
modifications, including a change in the rollover provisions for jig 
gear and a split in the allocation between the two sectors of the 
Pacific cod pot gear fishery.

Further Split of Pot Sector Share

    Amendment 77 would split the pot gear sector share of the TAC 
between pot catcher/processors and pot catcher vessels. In October 
1999, when the Council approved Amendment 64, the pot catcher/processor 
sector requested a direct gear allocation, similar to the separate 
allocations the hook-and-line sectors received under Amendment 64. The 
Council acknowledged that a similar split between catcher/processors 
and catcher vessels using pot gear might be desirable. However, because 
the public had not been given an opportunity to comment on the idea, 
the Council, delaying the action, decided to include the proposal in a 
follow-up amendment (proposed BSAI Amendment 68 to the FMP).
    In June 2000, the Council considered Amendment 68 to create 
separate allocations for the pot catcher/processor and pot catcher 
vessel sectors, but decided to again delay action until the allocation 
to pot gear sectors could be included in one FMP amendment that would 
also address the issues associated with the expiration of Amendment 64.
    Under Amendment 77 as adopted by the Council, the pot share of the 
BSAI Pacific cod fixed gear TAC would be allocated between pot catcher/
processors and pot catcher vessels based on catch histories by the two 
sectors from 1998 through 2001. In effect, this action would split the 
pot gear vessel quota, providing 82 percent to catcher vessels and 18 
percent to catcher/processors. Catcher vessels, which have been 
catching an increasing proportion of the harvest over recent years, 
would receive about 6 percent more than they would if the split were 
based on 1995-1999 catch histories, the earliest option analyzed in the 
EA/RIR/IRFA.
    With the pot catcher vessel and pot catcher/processor split taken 
into account, the fixed gear sectors under Amendment 77 would receive 
the following shares of the BSAI Pacific cod fixed gear TAC:
    [sbull] 80.0 percent to hook-and-line catcher/processors;
    [sbull] 0.3 percent to hook-and-line catcher vessels;
    [sbull] 3.3 percent to pot catcher/processors;
    [sbull] 15.0 percent to pot catcher vessels; and
    [sbull] 1.4 percent to catcher vessels less than 60 ft (18.3 m) 
LOA, using pot or hook-and-line gear.

Proposed Rollover Requirements

    The proposed rule implementing Amendment 77 would also include new 
rollover requirements for unharvested portions of the jig sector 
allocation. Currently, regulatory provisions authorized under Amendment 
64 require that unused portions of the overall BSAI Pacific cod 
allocations to trawl and jig gear be reallocated 95 percent to the 
hook-and-line catcher/processor sector and 5-percent to vessels using 
pot gear. Furthermore, reallocation of the unused portion of the jig 
gear TAC is not authorized until September 15 of each fishing year.
    Under Amendment 77, unused trawl quota would be reallocated in 
nearly the same manner, except that the 5 percent pot gear reallocation 
would be split further between the two sectors of the pot vessel fleet, 
using the same percentages as would apply to the overall pot vessel 
quota, as explained above. The reallocated trawl gear would, therefore, 
amount to 95 percent to the hook-and-line catcher/processor sector, 0.9 
percent to pot catcher/processors, and 4.1 percent to pot catcher 
vessels.
    Unused jig gear quota, however, would be handled differently than 
under current regulations. The quota would be apportioned to the jig 
gear sector through the annual harvest specification process on a 
trimester basis. The three seasonal apportionments for the jig gear 
allocation would be 40 percent, 20 percent, and 40 percent respectively 
for January April, May August, and September December. Projected 
amounts of unharvested jig gear seasonal apportionments would be 
initially reallocated each jig season to catcher vessels less than 60 
ft (18.3 m) using hook-and-line or pot gear. Only if the Regional 
Administrator determines that the small vessel fleet would not be able 
to harvest the additional amounts of Pacific cod would these jig gear 
rollover amounts be made available to the hook-and-line catcher/
processor sector.
    In effect, the new rollover provisions in Amendment 77 would 
primarily represent a reallocation from the hook-and-line catcher/
processor fleet to smaller vessels. The jig sector harvested an average 
of 6 percent of its BSAI Pacific cod allocation from 1995 to 2001. 
Since the implementation of Amendment 64 in 2000, quota reallocated 
from the jig sector has accounted for about 3.3 percent of the hook-
and-line catcher/processor sector's total catch and 0.5 percent of the 
pot sector's total catch. Under the proposed action, 40 percent of the 
jig quota, less whatever catch the jig gear sector is projected to 
take, could be potentially reallocated to the less than 60 ft (18.3 m) 
LOA catcher fleet by April, more than doubling the total Pacific cod 
quota available to that fleet (based on the 2003 TAC). This seasonal 
front-loading would benefit the small vessel fleet not only by 
increasing its quota at a time when the fleet has just started fishing 
for Pacific cod, but also by reducing the risk of having to close the 
less than 60 ft (18.3 m) LOA fishery intermittently while the fleet 
waits for quota reallocated from the jig sector.
    Members of the public testifying in favor of retaining the status 
quo for jig gear rollovers argued that such a reallocation should be 
considered only as part of an overall gear allocation discussion of all 
allocations affecting all sectors. Speakers stressed that when the 
Council approved Amendment 64 in 1999, giving the jig gear sector a two 
percent allocation, the parties involved understood that most of the 
jig gear sector's unused quota would continue to be reallocated to the 
catcher/processor fleet. Apportioning some of the unharvested jig 
allocation instead to the under 60 ft (18.3 m) LOA vessels was 
portrayed as reneging on a bargain, and speakers stressed that the 
amount of catch under discussion is not trivial.
    Speakers who favored changing the way jig rollovers would be 
apportioned expressed their belief that the original intent of the two 
percent jig allocation was to develop the small boat fleet in support 
of coastal communities, that pot and hook-and-line vessels less than 60 
ft (18.3 m) LOA play a similar role to jig vessels in community 
development, emphasized the extremely low bycatch rate of the small pot 
vessels, and said that the proportion of TAC affected was relatively 
minor.

[[Page 49418]]

    In effect, the option the Council adopted was a compromise, because 
the third trimester's allocation of unused jig quota probably could not 
be completely harvested by the catcher vessels less than 60 ft (18.3) 
LOA and would be reallocated to hook-and-line catcher/processors during 
the last trimester. Depending on when fishery managers are able to 
project catch for the second trimester, some or all of the reallocated 
jig catch from the second trimester might also be reallocated to the 
hook-and-line catcher/processor fleet.
    The small boat fleet is most capable of fishing in the spring and 
summer, partly due to weather considerations later in the year. Other 
constraints exist as well. Hook-and-line vessels cannot fish for 
Pacific cod between noon on June 10 and noon on August 15 because they 
typically receive little or no halibut bycatch as part of the 
rulemaking implementing the annual harvest specifications; and pot 
vessels are constrained by the A and B seasons established under 
Steller sea lion protection measures. Under these measures, pot vessels 
greater than or equal to 60 ft (18.3 m) LOA may not harvest BSAI 
Pacific cod in a directed fishery between June 10, when the A season 
ends and September 1, when the B season begins. The A season share is 
60 percent and the B season share is 40 percent of the pot quota. 
Whenever the general pot gear fisheries are closed, catcher vessels 
less than 60 ft (18.3 m) LOA using pot gear are allowed to harvest the 
1.4 percent of the BSAI Pacific cod TAC set aside for catcher vessels 
less than 60' LOA. As of September 1, however, all pot catcher boats, 
including those under 60 ft (18.3 m) LOA, would fish for the B season 
portion of the proposed 15 percent allocation to pot catcher vessels. 
In other words, small vessels fishing with pot gear are unlikely to 
need extra quota over the fall months, when they are much less likely 
to want to fish due to poor weather conditions in the Bering Sea, and 
when their harvests are deducted from the general pot catcher vessel 
quota. The jig gear reallocation in the proposed rule would, however, 
allow them to avoid the constraint of the 1.4 percent quota which 
limits them during the summer months.

Classification

    At this time, NMFS has not determined whether the amendment that 
this proposed rule would implement is consistent with the national 
standards of the Magnuson-Stevens Act and other applicable laws. NMFS, 
in making that determination, will take into account the data, views, 
and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    The Council prepared an Initial Regulatory Flexibility Analysis 
(IRFA), which describes any adverse impacts this proposed rule, if 
adopted, would have on directly regulated small entities. A summary of 
the IRFA follows:
    The directly regulated entities for Amendment 77 would be those 
vessels participating in the Pacific cod fixed gear fishery in the 
BSAI. The Small Business Administration has established size criteria 
for defining a small entity in the fish harvesting business; it must be 
independently owned and operated, not dominant in its field of 
operation (including its affiliates), and with combined annual receipts 
not in excess of $3.5 million for all its affiliated operations 
worldwide. Some vessels that participate in the Pacific cod fixed gear 
fishery might be considered large entities under the SBA definition 
because they are either affiliated under owners of multiple vessels or 
are catcher/processors. However, little is known about the ownership 
structure of the vessels in the fleet, and for purposes of the IRFA, 
all Pacific cod hook-and-line and pot catcher vessels were considered 
small businesses.
    The smallest entities in the catcher vessel fleets, vessels less 
than 60 ft (18.3 m) LOA, do not need a Pacific cod endorsement to 
continue prosecuting the BSAI Pacific cod fishery, but they must meet 
the requirements of the License Limitation Program (LLP). Thirty-two 
unique pot catcher vessels and 96 hook-and-line catcher vessels in this 
size category are documented to have made at least one landing in the 
directed BSAI Pacific cod fishery during 1995-2001 and appear to be 
qualified under the LLP to use non-trawl gear in the BSAI groundfish 
fisheries. On average since 1995, however, only 18 hook-and-line and 5 
pot catcher vessels have participated in any one year.
    Amendment 67 to the BSAI Groundfish FMP, which became effective 
January 1, 2003, adds a Pacific cod endorsement to Federal licenses 
held by fixed gear vessels that qualify for a BSAI area endorsement 
under the current LLP and also meet specified qualification criteria in 
terms of catch history for their gear type. Under Amendment 67, a total 
of about 57 catcher vessels greater than or equal to 60 ft (18.3 m) LOA 
(3 longline and 54 pot vessels) likely will receive catcher vessel (CV) 
endorsements on their licenses to participate in the Bering Sea Pacific 
cod fixed gear fishery. This is a substantial reduction in the fleet 
129 unique longline and 226 unique pot catcher vessels of any length 
participated at any time from 1995 to 2001. An estimated forty-six 
vessels greater than or equal to 60 ft (18.3 m LOA (40 longline and 6 
pot vessels) likely will receive catcher/processor (CP) endorsements on 
their licenses to participate in the Bering Sea Pacific cod fixed gear 
fishery. In addition, an estimated six longline catcher/processors and 
three pot catcher processors will qualify for a CV endorsement for 
their respective gear types.
    Although the appeals processes associated with interim licenses are 
not complete, all 54 of the pot catcher vessels, and one of the pot 
catcher/processors, that potentially qualify for a Pacific cod 
endorsement appear to have earned gross revenues of less than $3.5 
million and thus are considered small businesses.
    Due to the small number of participants, data regarding the three 
hook-and-line catcher vessels are confidential, but they all appear to 
have earned revenues of less than $3.5 million and thus are considered 
small businesses. Of the six longline catcher/processors that meet only 
the CV qualifications for endorsements, which is based on landings over 
the years 1995 1999, all six appear to meet the SBA definition of small 
businesses. Several others among the 40 catcher/processor vessels are 
estimated to receive a hook-and-line CP endorsement also reported 
annual receipts of less than $3.5 million; however, little is known 
about the ownership of this fleet, so developing a meaningful estimate 
of how many are small entities is not possible.
    Adding these numbers gives a total estimate of about 87 vessels 
that would be directly regulated by this action: 55 pot vessels greater 
than or equal to 60 ft (18.3 m) LOA; 5 pot vessels less than 60 ft LOA; 
9 hook-and-line vessels greater than or equal to 60 ft (18.3 m) LOA; 
and 18 hook-and-line catcher vessels less than 60 ft (18.3 m) LOA.
    The IRFA analysis of expected impacts on small entities under the 
alternatives noted that, because the proposed action would maintain a 
percentage distribution among gear sectors very close to the average 
harvest level since 1995, net effects would be expected to be minimal 
relative to the status quo alternative and possibly in relation to the 
no action alternative as well, The IRFA assumes that the distribution 
of harvest would not change significantly under the no action

[[Page 49419]]

alternative because estimates of changes that might occur in the 
absence of fixed gear allocations cannot be made. However, some changes 
may occur; indications are that each sector might want to increase its 
relative share of the Pacific cod TAC, especially given the current, 
relatively low opilio crab GHL, and the limited opportunity in 
alternative fisheries. How the competition would play out is not easy 
to predict; although it is likely there would be more fishing pressure 
in the A season, and unlikely that smaller boats would increase their 
share.
    The fixed gear allocations under Amendment 64 have been in place 
since mid 2000, so each sector has been constrained by those 
allocations. However, the pot gear share of the fixed gear Pacific cod 
TAC has not been further apportioned between pot catcher/processors and 
pot catcher vessels. The pot catcher vessel sector increased its 
relative share of the pot gear quota in 2000, 2001, and 2002, and the 
number of pot vessels less than 60 ft (18.3 m) LOA is not constrained 
by the Pacific cod endorsement requirement under Amendment 67. The 
action as approved by the Council, which would split the pot sector 
allocation based on catch histories from 1998-2001, would allow the pot 
catcher vessels to maintain the higher percentage of pot sector quota 
TAC that they have achieved in the past few years relative to the pot 
catcher/processors.
    As with many allocation-based management measures, the alternatives 
propose a percentage allocation of the TAC among competing groups of 
vessels. In this case, vessels in each group are primarily small 
entities representing a tradeoff in terms of impacts; some small 
entities could be negatively affected, and others positively affected. 
Under Amendment 64, and again proposed under this amendment, a separate 
allocation of 1.4 percent was made to hook-and-line and pot catcher 
vessels less than 60 ft (18.3 m) LOA, the effect of which was to 
allocate more Pacific cod to catcher vessels delivering to shorebased 
processors than they had historically harvested. That type of 
allocation tends to disproportionately benefit the smallest entities 
among these fishery sectors. The proposed seasonal reallocation of 
unused Pacific cod jig gear quota from hook-and-line catcher/processors 
to the less than 60 ft (18.3 m) LOA pot and hook-and-line vessels 
similarly is a tradeoff that benefits the smaller entities.
    Nothing in the proposed amendment would cause any obvious 
disproportionate regulatory impacts to small entities, relative to 
large ones. From one perspective, setting a percentage allocation will 
keep one sector from increasing its share relative to what it could do 
under the no action alternative. Based on the information developed for 
the RIR and from public testimony, it appears that the pot sector is 
more likely to increase its relative share in the absence of a quota 
split. Another way to look at this, is that continuing separate BSAI 
Pacific cod allocations for the fixed gear sectors would serve to 
maintain the current share taken by the smallest entities.
    Another mitigating effect should occur from implementation of 
Amendment 67. One of the points raised in opposition to the split when 
it was considered in 1999 under Amendment 64 is that many pot vessels 
are qualified under the LLP but have not participated in the Pacific 
cod fishery, and if the pot sector's share of the quota were fixed at a 
specific level, and some of these vessels began to participate, pot 
vessels already participating in and dependent on the fishery would be 
at a disadvantage. The intent of Amendment 67, which went into effect 
on January 1, 2003, is to eliminate the latent capacity in both the pot 
and longline fleets by adopting species and gear endorsements based on 
a set of minimum level of landings and years of participation.
    Nothing in the proposed action would result in any changes in 
reporting or recordkeeping requirements, and NMFS has not identified 
any relevant Federal rules that may duplicate, overlap, or conflict 
with the preferred alternative.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: August 12, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For reasons set out in the preamble, 50 CFR part 679 is proposed to 
be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et 
seq.; Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub L. 
106-31, 113 Stat. 57; 16 U.S.C. 1540(f).
    2. In Sec.  679.20, paragraphs (a)(7)(i)(C), (a)(7)(ii)(C), and 
(a)(7)(iii)(A) are revised to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (7) ***
    (i) ***
    (C) Allocations among vessels using hook-and-line or pot gear. (1) 
The Regional Administrator annually will estimate the amount of Pacific 
cod taken as incidental catch in directed fisheries for groundfish 
other than Pacific cod by vessels using hook-and-line or pot gear and 
deduct that amount from the portion of Pacific cod TAC annually 
allocated to hook-and-line or pot gear under paragraph (a)(7)(i)(A) of 
this section. The remainder will be further allocated as directed 
fishing allowances as follows:
    (i) 80.0 percent to catcher/processor vessels using hook-and-line 
gear;
    (ii) 0.3 percent to catcher vessels using hook-and-line gear;
    (iii) 3.3 percent to catcher/processor vessels using pot gear;
    (iv) 15.0 percent to catcher vessels using pot gear; and
    (v) 1.4 percent to catcher vessels less than 60 ft (18.3 m) LOA 
that use either hook-and-line or pot gear.
    (2) Harvest of Pacific cod by catcher vessels less than 60 ft (18.3 
m) LOA using pot gear:
    (i) Will accrue against the 15 percent specified in paragraph 
(a)(7)(i)(C)(1)(iv) of this section when the directed fishery for 
Pacific cod by catcher vessels equal to or greater than 60 ft (18.3 m) 
LOA using pot gear is open.
    (ii) Will accrue against the 1.4 percent specified in paragraph 
(a)(7)(i)(C)(1)(v) of this section when the directed fishery for 
Pacific cod by catcher vessels equal to or greater than 60 ft (18.3 m) 
LOA using pot gear is closed.
* * * * *
    (ii) * * *
    (C) Reallocation among vessels using trawl or non-trawl gear. If, 
during a fishing year, the Regional Administrator determines that 
vessels using trawl gear, hook-and-line gear, pot gear or jig gear will 
not be able to harvest the entire amount of Pacific cod in the BSAI 
allocated to those vessels under paragraphs (a)(7)(i)(A), (a)(7)(i)(B) 
or (a)(7)(i)(C) of this section, NMFS will reallocate the projected 
unused amount of Pacific cod to vessels harvesting Pacific cod using 
the other gear type(s) through notification in the Federal Register, 
subject to the provisions below:
    (1) Reallocation of TAC specified for jig gear. The Regional 
Administrator will reallocate any projected unused portion of a 
seasonal allowance of Pacific cod for vessels using jig gear under 
paragraphs (a)(7)(i)(A) and (a)(7)(iii)(A) of this section to catcher

[[Page 49420]]

vessels less than 60 ft (18.3 m) LOA using hook-and-line or pot gear.
    (2) Reallocation of TAC specified for trawl gear. The Regional 
Administrator will reallocate any projected unharvested amounts of 
Pacific cod TAC allocated to trawl gear under paragraph (a)(7)(i) of 
this section: 95 percent to catcher/processor vessels using hook-and-
line gear, 0.9 percent to catcher/processor vessels using pot gear, and 
4.1 percent to catcher vessels using pot gear.
* * * * *
    (iii) * * *
    (A) Seasonal apportionment and gear allocations. The BSAI Pacific 
cod gear allocations and apportionments by seasons, as specified in 
Sec.  679.23 (e)(5), are as follows:

----------------------------------------------------------------------------------------------------------------
                                Gear Type                                    A season     B season     C season
----------------------------------------------------------------------------------------------------------------
(1) trawl                                                                   60 percent   20 percent   20 percent
(i) trawl CV                                                                70 percent   10 percent   20 percent
(ii) trawl CP                                                               50 percent   30 percent   20 percent
(2) hook-and-line [gteqt]60 ft (18.3 m)LOA, and non-CDQ pot vessels         60 percent   40 percent  ...........
 [gteqt]60 ft (18.3 m) LOA
(3) jig vessels                                                             40 percent   20 percent   40 percent
(4) all other nontrawl vessels                                                   no seasonal apportionment
----------------------------------------------------------------------------------------------------------------

* * * * *
    3. In Sec.  679.23, paragraph (e)(5)(i) introductory text is 
revised, and paragraph (e)(5)(iv) is added, to read as follows:


Sec.  679.23  Seasons.

* * * * *
    (e) * * *
    (5) Directed fishing for Pacific cod--(i) Hook-and-line gear. 
Subject to other provisions of this part, directed fishing for CDQ and 
non-CDQ Pacific cod with vessels equal to or greater than 60 ft (18.3 
m) LOA using hook-and-line gear is authorized only during the following 
two seasons:
* * * * *
    (iv) Jig gear. Subject to other provisions of this part, directed 
fishing for CDQ and non-CDQ Pacific cod with jig gear is authorized 
only during the following three seasons:
    (A) A season. From 0001 hours, A.l.t., January 1 through 1200 
hours, A.l.t., April 30;
    (B)B season. From 1200 hours, A.l.t., April 30 through 1200 hours, 
A.l.t., August 31;
    (C) C season. From 1200 hours, A.l.t., August 31 through 2400 
hours, A.l.t., December 31.
* * * * *
[FR Doc. 03-21048 Filed 8-15-03; 8:45 am]
BILLING CODE 3510-22-S