[Federal Register Volume 63, Number 73 (Thursday, April 16, 1998)]
[Rules and Regulations]
[Pages 18848-18849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10140]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971208297-8054-02; I.D. 041098A]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Apportionment of reserve.

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SUMMARY: NMFS is apportioning the initial reserve of Pacific cod in the 
Gulf of Alaska (GOA). This action is necessary to allow incidental 
catch of Pacific cod to be retained in other directed fisheries and to 
account for previous harvest of the total allowable catch (TAC) in the 
GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 16, 1998, 
through 2400 hrs, A.l.t., December 31, 1998. Comments must be received 
by May 1, 1998.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 709 
West 9th Street, Room 453, Juneau, AK 99801 or P.O. Box 21668, Juneau, 
AK 99802-1668, Attn: Lori Gravel.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-486-6919.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the GOA exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Fishing by U.S. 
vessels is governed by regulations implementing the FMP at subpart H of 
50 CFR part 600 and 50 CFR part 679.
    The initial TAC of Pacific cod in the Western, Central, and Eastern 
Regulatory Areas of the GOA was established by the Final 1998 Harvest 
Specifications for Groundfish of the GOA (63 FR 12027, March 12, 1998) 
as 18,536 mt, 33,374 mt, and 936 mt in the Western, Central, and 
Eastern Regulatory Areas, respectively. Directed fishing for Pacific 
cod for processing by the inshore component in the Western Regulatory 
Area of the GOA was closed on March 3, 1998 (63 FR 11160, March 6, 
1998), and in the Central Regulatory Area on March 10, 1998 (63 FR 
12416, March 13, 1998), under Sec. 679.20(d)(1)(iii) to prevent 
exceeding the allocation for processing by the inshore component in 
these areas.
    The reserve of Pacific cod in the GOA was withheld under the Final 
1998 Harvest Specifications for Groundfish of the GOA (63 FR 12027, 
March 12, 1998) as a management buffer to prevent exceeding the TACs 
and to provide greater assurance that Pacific cod could be retained as 
bycatch throughout the fishing year.
    The Administrator, Alaska Region, NMFS, has determined that the 
initial TACs for Pacific cod in the GOA need to be supplemented from 
the Pacific cod reserve to allow the retention of incidental catch of 
Pacific cod in other fisheries and to account for prior harvest. 
Therefore, in accordance with Sec. 679.20(b)(3)(i)(A), NMFS is 
apportioning 13,214 mt of Pacific cod from the reserve to the TAC in 
the GOA: 4,634 mt in the Western, 8,346 mt in the Central, and 234 mt 
in the Eastern Regulatory Areas.
    Pursuant to Sec. 679.20(a)(6)(iii), 90 percent and 10 percent of 
the

[[Page 18849]]

apportionment of the Pacific cod reserve in the GOA is allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components respectively. This action increases the total allocation of 
the 1998 Pacific cod TACs for vessels catching Pacific cod for 
processing by the inshore component to 20,853 mt, 37,548 mt, and 1,053 
mt in the Western, Central, and Eastern Regulatory Areas, respectively, 
and for the offshore component to 2,317 mt, 4,172 mt and 117 mt in the 
Western, Central, and Eastern Regulatory Areas, respectively.
    In accordance with Sec. 679.20 (b)(3)(iii)(A), NMFS finds that good 
cause exists for not providing the public with a prior opportunity to 
comment. As of March 21, 1998, NMFS estimates the amount of the Pacific 
cod initial TACs allocated to the inshore component in the Western and 
the Central Regulatory Areas of the GOA of 16,682 mt and 30,037 mt, 
respectively have been reached. This action is necessary to allow 
retention of amounts of Pacific cod that are caught incidentally while 
conducting directed fishing for other species in these areas.
    Maximum retainable bycatch amounts may be found at Sec. 679.20(e) 
and (f).

Classification

    This action responds to the initial TAC limitations for Pacific cod 
established in the Final 1998 Harvest Specifications for Groundfish in 
the GOA. This action will allow incidental catch of Pacific cod to be 
retained in other directed fisheries. The alternative is to prohibit 
retention of Pacific cod, which is contrary to the FMP goals of 
providing the opportunity to more fully use the available TACs and 
reduce discards. A delay in the effective date is impracticable and 
contrary to public interest as it relieves a potential restriction. 
NMFS finds for good cause that the implementation of this action should 
not be delayed for 30 days. Accordingly, under U.S.C. 553(d), a delay 
in the effective date is hereby waived.
    This action is required by Sec. 679.20 and is exempt from review 
under E.O. 12866.

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

    Dated: April 10, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-10140 Filed 4-15-98; 8:45 am]
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