[Federal Register Volume 68, Number 238 (Thursday, December 11, 2003)]
[Rules and Regulations]
[Pages 69047-69048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30714]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021212307-3037-02; I.D. 120503A]


Fisheries of the Exclusive Economic Zone off Alaska; Recision and 
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 rescinding a previous action that reallocated Pacific

[[Page 69048]]

cod among gear types and is reallocating the currently projected unused 
amount of Pacific cod from vessels using trawl and jig gear to catcher/
processor vessels using hook-and-line gear and vessels using pot gear 
in the Bering Sea and Aleutian Islands management area ( BSAI). These 
actions are necessary to allow the 2003 total allowable catch (TAC) of 
Pacific cod to be harvested in accordance with regulations at 50 CFR 
part 679.

DATES: Effective December 8, 2003, until 2400 hours, A.l.t., December 
31, 2003.

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.
    Effective November 26, 2003, NMFS reallocated the projected unused 
amount of Pacific cod from vessels using trawl and jig gear to vessels 
using hook-and-line gear in the BSAI (68 FR 67379, December 2, 2003). 
As of December 2, 2003, based on revised catch amounts, NMFS has 
determined that catcher vessels using trawl gear have already harvested 
all but 1,671 mt originally apportioned to them by the final 2003 
harvest specifications for groundfish in the BSAI (68 FR 9907, March 3, 
2003). This reduces the projected unused amount available to catcher/
processor vessels using hook-and-line gear by 4,113 metric tons (mt) 
and to vessels using pot gear by 216 mt. Therefore, NMFS is rescinding 
the previous action and reallocating the projected unused amount of 
Pacific cod as follows.
    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. Pursuant to Sec.  679.20(a)(7)(i)(A), 
3,839 mt was allocated to vessels using jig gear, 97,388 mt to vessels 
using hook-and-line or pot gear as a 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 60 ft LOA that use 
either hook-and-line or pot gear (Sec.  679.20(a)(7)(i)).
    As of December 2, 2003, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher/processors 
will not be able to harvest 11,500 mt and trawl catcher vessels will 
not be able to harvest 1,671 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 13,171 mt of Pacific cod from trawl 
gear to catcher/processor vessels using hook-and-line gear and vessels 
using pot 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 catcher/processor vessels using 
hook-and-line gear and vessels using pot gear.
    In accordance with Sec.  679.20(a)(7)(ii)(C)(2), the combined 
reallocation of unused Pacific cod from jig gear and trawl gear, 16,771 
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 included in the harvest 
specifications for groundfish in the BSAI (68 FR 9907, March 3, 2003) 
are revised as follows: 239 mt to vessels using jig gear, 93,843 mt to 
catcher processor vessels using hook-and-line gear, 18,661 mt to 
vessels using pot gear, 33,605 mt to trawl catcher/processors, and 
43,434 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 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 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: December 8, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-30714 Filed 12-8-03; 3:17 pm]
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