[Federal Register Volume 70, Number 195 (Tuesday, October 11, 2005)]
[Rules and Regulations]
[Pages 58983-58984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20343]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 100405D]


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: Temporary rule; reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using trawl and jig gear to vessels using hook-and-
line and pot gear in the BSAI. These actions are necessary to allow the 
2005 total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective October 5, 2005, until 2400 hours, A.l.t., December 
31, 2005.

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 of the 
Bering Sea and Aleutian Islands Management 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 2005 Pacific cod TAC in the BSAI is 190,550 metric tons (mt) as 
established by the 2005 and 2006 final harvest specifications for 
groundfish in the BSAI (70 FR 8979, February 24, 2005). Pursuant to 
Sec.  679.20(a)(7)(i)(A), 3,811 mt was allocated to vessels using jig 
gear, 97,181 mt to vessels using hook-and-line or pot gear, and 89,559 
mt to vessels using trawl gear. The share of the Pacific cod TAC 
allocated to trawl gear was further allocated 50 percent to

[[Page 58984]]

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 (m)) 
length overall (LOA) that use either hook-and-line or pot gear (Sec.  
679.20(a)(7)(i)(C)).
    On April 13, 2005, 1,150 mt of Pacific cod from the A season 
apportionment of the jig gear allocation was reallocated to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
(70 FR 19708, April 14, 2005). On May 17, 2005, 350 mt of Pacific cod 
from the B season apportionment of the jig gear allocation was 
reallocated to catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear (70 FR 28486, May 18, 2005). On August 5, 
2005, an additional 500 mt of Pacific cod from the B season 
apportionment of the jig gear allocation was reallocated to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
(70 FR 46436, August 10, 2005).
    As of September 23, 2005, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher/processor 
vessels will not be able to harvest 9,273 mt and trawl catcher vessels 
will not be able to harvest 8,689 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)(2), NMFS apportions 17,962 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 also determined that vessels using 
jig gear will not harvest 1,611 mt of their Pacific cod allocation by 
the end of the year. Also, catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear will not be able to harvest any 
additional Pacific cod. Therefore, in accordance with Sec.  
679.20(a)(7)(ii)(C)(1) and Sec.  679.20(a)(7)(ii)(B), NMFS is 
reallocating the unused amount of 1,611 mt of Pacific cod allocated to 
vessels using jig gear to catcher/processor vessels using hook-and-line 
gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005) are revised as follows: 200 mt to vessels using jig gear, 96,019 
mt to catcher/processor vessels using hook-and-line gear, 15,238 mt to 
catcher vessels using pot gear, 3,352 mt to catcher/processor vessels 
using pot gear, 35,506 mt to catcher/processor vessels using trawl 
gear, and 36,090 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 projected unused amounts of Pacific cod 
in the BSAI. NMFS was unable to publish an action providing time for 
public comment because the most recent, relevant data only became 
available as of September 23, 2005.
    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: October 4, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-20343 Filed 10-5-05; 2:19 pm]
BILLING CODE 3510-22-S