[Federal Register Volume 65, Number 212 (Wednesday, November 1, 2000)]
[Rules and Regulations]
[Pages 65272-65273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28023]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000211040-0040-01; I.D. 102400C]


Fisheries of the Exclusive Economic Zone Off Alaska; 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 Bering Sea 
and Aleutian Islands management area (BSAI) Pacific cod from trawl 
catcher/processors and vessels using jig gear to vessels using hook-
and-line or pot gear.

[[Page 65273]]

These actions are necessary to allow the 2000 total allowable catch 
(TAC) of Pacific cod to be harvested.

DATES: Effective October 27, 2000.

FOR FURTHER INFORMATION CONTACT: Andrew N. Smoker, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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.
    In accordance with Sec. 679.20(c)(5), the Pacific cod TAC for the 
BSAI was established as 193,000 metric tons (mt) by the Final 2000 
Harvest Specifications for Groundfish for the BSAI (65 FR 8282, 
February 18, 2000). Of this amount, 3,571 mt was allocated to vessels 
using jig gear, 41,953 mt to trawl catcher vessels, 41,953 mt to trawl 
catcher/processors, and 91,048 mt to vessels using hook-and-line or pot 
gear.
    On October 2, 2000, NMFS published a request for public comment on 
a proposed reallocation of 9,000 mt of BSAI Pacific cod from trawl 
catcher/processors to vessels using hook-and line or pot gear (65 FR 
58727). One written comment was received in support of the 
reallocation. From the years 1997 through 1999 after September 1, the 
trawl catcher vessel sector of the fishery took about 200 mt or less 
per year in the Pacific cod target and averaged about 800 mt of catch 
of Pacific cod in all targets. Current inseason data support a 
projection of 800 mt for the catcher vessel sector. At this time, no 
evidence exists that the trawl catcher vessel effort in the Pacific cod 
fishery will increase beyond what has occurred on the average during 
the last 3 years.
    Accordingly, the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that trawl catcher/processors will not 
be able to harvest 9,000 mt of Pacific cod allocated to those vessels 
under Sec. 679.20(a)(7)(i)(A).
    Therefore, in accordance with Sec. 679.20(a)(7)(ii)(C), NMFS 
apportions 9,000 mt of Pacific cod from trawl catcher/processors to 
vessels using hook-and-line or pot gear.
    The Regional Administrator also has determined that vessels using 
jig gear will not harvest 3,000 mt of Pacific cod by the end of the 
year. Therefore, in accordance with Sec. 679.20(a)(7)(ii)(C), NMFS is 
reallocating the unused amount of 3,000 mt of Pacific cod allocated to 
vessels using jig gear to vessels using hook-and-line or 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 catcher/
processors, 12,000 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 established in the Final 2000 Harvest 
Specifications for Groundfish for the BSAI (65 FR 8282, February 18, 
2000) and adjusted for hook-and-line or pot gear under Amendment 64 to 
the FMP (65 FR 51553, August 24, 2000) are revised as follows: 571 mt 
to vessels using jig gear, 41,953 mt to trawl catcher vessels, 32,953 
mt to trawl catcher/processors, 81,958 mt to vessels using hook-and-
line gear, and 17,170 mt to pot gear.

Classification

    This action is taken under 50 CFR 679.20 and is exempt from Office 
of Management and Budget review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, has determined, 
under 5 USC 553(b)(3)(B) and 50 CFR 679.20(b)(3)(iii)(A), that good 
cause exists for waiving the opportunity for public comment as such 
procedures would be unnecessary and contrary to the public interest. 
Fisheries are currently taking place that will be supplemented by this 
apportionment. Delaying the implementation of this action would be 
disruptive and costly to these ongoing operations. Similarly, pursuant 
to 5 USC 553(d)(3), good cause exists to waive the 30-day delay in 
effectiveness of this action.

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

    Dated: October 27, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-28023 Filed 10-27-00; 2:41 pm]
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