[Federal Register Volume 68, Number 201 (Friday, October 17, 2003)]
[Rules and Regulations]
[Pages 59748-59749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26294]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 100703C]


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 trawl, jig, and pot gear to vessels using hook-
and-line in the BSAI. These actions are necessary to allow the 2003 
total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective October 14, 2003, until 2400 hours, A.l.t., December 
31, 2003.

FOR FURTHER INFORMATION CONTACT: Andrew N 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.
    The 2003 BSAI Pacific cod TAC was established by the final 2003 
harvest specifications for groundfish in the BSAI (68 FR 9907, March 3, 
2003) as 191,938 metric tons (mt). Pursuant to Sec.  
679.20(a)(7)(i)(A), 3,893 mt was allocated to vessels using jig gear, 
97,388 mt to vessels using hook-and-line or pot gear directed fishing 
allowance, and 90,211 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 80 percent to 
catcher/processor vessels using hook-and-line gear; 0.3 percent to 
catcher vessels using hook-and-line gear; 18.3 percent to vessels using 
pot gear; and 1.4 percent to catcher vessels less than

[[Page 59749]]

60 ft LOA that use either hook-and-line or pot gear (Sec.  
679.20(a)(7)(i))).
    As of September 27, 2003, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher/processors 
will not be able to harvest 11,000 mt and trawl catcher vessels will 
not be able to harvest 6,000 mt of Pacific cod allocated to those 
vessels under 679.20(a)(7)(i)(B). Therefore, in accordance with Sec.  
679.20(a)(7)(ii)), NMFS apportions 17,000 mt of Pacific cod from trawl 
gear to vessels using hook-and-line gear.
    The Regional Administrator has determined that vessels using jig 
gear will not harvest 3,600 mt of their Pacific cod allocation by the 
end of the year. Therefore, in accordance with Sec.  679.20(a)(7)(ii)), 
NMFS is reallocating the unused amount of 3,600 mt of Pacific cod 
allocated to vessels using jig gear to vessels using hook-and-line 
gear.
    The Regional Administrator has determined that vessels using pot 
gear will not be able to harvest 500 mt of their Pacific cod allocation 
by the end of the year. Therefore, in accordance with Sec.  
679.20(a)(7)(ii)), NMFS is reallocating the unused amount of 500 mt of 
Pacific cod allocated to vessels using pot gear to vessels using hook-
and-line gear.
    In accordance with Sec.  679.20(a)(7)(ii)(C)(1), 200 mt of the 
combined reallocation of unused Pacific cod from trawl, jig and pot 
gear is apportioned to catcher vessels using hook-and-line gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (68 FR 9907, March 3, 2003) 
are revised as follows: 293 mt to vessels using jig gear, 98,811 mt to 
catcher processor vessels using hook-and-line gear, 492 mt to catcher 
vessels using hook-and-line gear, 17,322 mt to vessels using pot gear, 
34,105 mt to trawl catcher/processors, and 39,105 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, (AA), 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 impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent the Agency from 
responding to the most recent fisheries data in a timely fashion and 
would delay the reallocation of the Pacific cod TAC, thus preventing 
full utilization of the TAC and reducing the public's ability to use 
and enjoy the fishery resource.
    The AA 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: October 10, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-26294 Filed 10-14-03; 2:35 pm]
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