[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-22-F