[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Rules and Regulations]
[Pages 71039-71040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 112105A]


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.

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

DATES: Effective November 21, 2005, until 2400 hours, Alaska local 
time, 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 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). On October 5, 2005, 17,962 mt of 
Pacific cod allocated to trawl vessels and 1,611 mt of Pacific cod 
allocated to jig vessels was reallocated to vessels using hook-

[[Page 71040]]

and-line gear and vessels using pot gear (70 FR 58983, October 11, 
2005).
    As of November 14, 2005, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher vessels 
will not be able to harvest 243 mt of Pacific cod allocated to those 
vessels under Sec.  679.20(a)(7)(i)(B). The Regional Administrator has 
also determined that catcher vessels using pot gear will not be able to 
harvest 2,410 mt and catcher vessels using hook-and-line gear will not 
be able to harvest 60 mt. Also catcher/processor vessels using pot gear 
will not be able to harvest any additional Pacific cod. Therefore, in 
accordance with Sec.  679.20(a)(7)(ii)(C), NMFS apportions 2,713 mt of 
Pacific cod to catcher/processor vessels using hook-and-line gear.
    The Regional Administrator has also determined that vessels using 
jig gear will not harvest 34 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 753 mt. 
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 787 mt 
of Pacific cod allocated to vessels using jig gear and catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot 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: 166 mt to vessels using jig gear, 99,519 
mt to catcher/processor vessels using hook-and-line gear, 12,828 mt to 
catcher vessels using pot gear, 230 mt to catcher vessels using hook-
and-line gear, 35,847 mt to catcher vessels using trawl gear, and 2,601 
mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-
line or pot 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 November 15, 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: November 21, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-23283 Filed 11-21-05; 3:11 pm]
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