[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Rules and Regulations]
[Pages 61607-61608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23467]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 101504B]


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 of Pacific cod.

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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 
2004 total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective October 15, 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 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 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

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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 7, 2004, 1,545 mt of Pacific cod from the A season 
apportionment of the jig gear allocation was reallocated to catcher 
vessels less than 60 ft (18.3 m) LOA using hook-and-line or pot gear 
(69 FR 19116, April 12, 2004).
    As of October 7, 2004, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher/processors 
will not be able to harvest 5,700 mt and trawl catcher vessels will not 
be able to harvest 7,000 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 12,700 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 2,000 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 2,000 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 (69 FR 9242, February 27, 
2004) are revised as follows: 442 mt to vessels using jig gear, 94,995 
mt to catcher/processor vessels using hook-and-line gear, 15,695 mt to 
catcher vessels using pot gear, 3,452 mt to catcher processor vessels 
using pot gear, 41,144 mt to catcher/processor vessels using trawl 
gear, and 39,844 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 trawl and jig 
vessels to vessels using hook-and-line and pot gear 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: October 15,2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-23467 Filed 10-15-04; 2:57 pm]
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