[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Rules and Regulations]
[Page 69828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26499]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 112304C]


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 catcher vessels using pot gear to vessels using trawl gear and 
catcher processor vessels using hook-and-line gear in the BSAI. These 
actions are necessary to allow the 2004 total allowable catch (TAC) of 
Pacific cod to be harvested.

DATES: Effective November 26, 2004, until 2400 hours, A.l.t., December 
31, 2004.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for 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 2004 final harvest specifications for groundfish of the BSAI 
(69 FR 9242, February 27, 2004), established the Pacific cod TAC as 
199,338 metric tons (mt). Pursuant to Sec.  679.20(a)(7)(i)(A), 3,987 
mt was allocated to vessels using jig gear, 101,662 mt to vessels using 
hook-and-line or pot gear, and 93,689 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; 3.3 percent to 
catcher/processor vessels using pot gear; 15 percent to catcher vessels 
using pot gear; and 1.4 percent to catcher vessels less than 60 ft 
(18.3 meters) length overall that use either hook-and-line or pot gear 
(Sec.  679.20(a)(7)(i)(C)).
    On October 15, 2004, 12,700 mt of Pacific cod from the trawl gear 
allocation and 2,000 mt from the jig gear allocation was reallocated to 
vessels using hook-and-line gear and vessels using pot gear (69 FR 
61607, October 20, 2004).
    As of November 16, 2004, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that catcher vessels using pot 
gear will not be able to harvest 3,960 mt of Pacific cod allocated to 
those vessels under Sec.  679.20(a)(7)(i)(C) and the subsequent 
reallocation on October 15, 2004 (69 FR 61607, October 20, 2004). 
Therefore, in accordance with Sec.  679.20(a)(7)(ii)(C)(2), NMFS 
apportions 3,960 mt of Pacific cod from catcher vessels using pot gear 
to vessels using trawl gear and catcher/processor vessels using hook-
and-line gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (69 FR 9242, February 27, 
2004) are revised as follows: 97,795 mt to catcher/processor vessels 
using hook-and-line gear, 11,735 mt to catcher vessels using pot gear, 
41,431 mt to catcher/processor vessels using trawl gear, and 40,717 mt 
to catcher vessels using trawl gear.

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 a requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the reallocation of Pacific cod specified for catcher 
vessels using pot gear to vessels using trawl gear and catcher 
processor vessels using hook-and-line in the BSAI and therefore would 
cause disruption to the industry by requiring unnecessary closures, 
disruption within the fishing industry, and the potential for 
regulatory discards when the current allocations are reached. This 
reallocation will relieve a restriction on the industry and allow for 
the orderly conduct and efficient operation of this fishery.
    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 required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: November 24, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-26499 Filed 11-26-04; 3:12 pm]
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