[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Rules and Regulations]
[Pages 54225-54226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25882]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 990304063-9063-01; I.D. 092499L]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian
Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of a closure.
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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
processor vessels using trawl gear in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to fully
utilize the portion of the 1999 total allowable catch (TAC) of Pacific
cod allocated to these vessels in this area.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 1,
1999, until
[[Page 54226]]
2400 hrs. A.l.t., December 31, 1999, or until NMFS publishes further
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Andrew 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.
The Final 1999 Harvest Specifications of Groundfish for the BSAI
(64 FR 12103, March 11, 1999) established the portion of the TAC of
Pacific cod allocated to catcher processors using trawl gear in the
BSAI as 38,475 metric tons (mt). See Sec. 679.20(c)(3)(iii) and
Sec. 679.20(a)(7)(i)(B).
In order to reserve amounts anticipated to be needed for incidental
catch in other fisheries, on May 6, 1999, the Regional Administrator,
Alaska Region, NMFS (Regional Administrator) established a directed
fishing allowance of 14,000 mt; set aside the remaining 24,475 mt as
bycatch to support other anticipated groundfish fisheries; and closed
the directed fishery for Pacific cod by catcher processors using trawl
gear in the BSAI under Sec. 679.20(d)(1)(iii) (64 FR 25216, May 11,
1999).
On September 24, 1999, in accordance with Sec. 679.20(a)(7)(ii)(B),
NMFS determined that halibut bycatch restrictions will prevent catcher
processors using trawl gear from harvesting their full allocation;
apportioned the projected unused amount, 5,000 mt, of Pacific cod from
trawl catcher/processors to vessels using hook-and-line or pot gear;
and specified the trawl catcher/processors apportionment of Pacific cod
as 33,475 mt.
NMFS estimated that as of September 24, 1999, approximately 6,000
mt remain in the portion of the TAC of Pacific cod allocated to catcher
processors using trawl gear in the BSAI and of that amount, 5,000 mt
will be necessary as bycatch to support other anticipated groundfish
fisheries through the end of 1999. Therefore, based on the realized
catch of Pacific cod in other trawl catcher processor groundfish
fisheries during 1999 and Pacific halibut bycatch restrictions on the
trawl fleet, the Regional Administrator is establishing a revised
directed fishing allowance of 16,661 mt, and is setting aside the
remaining 16,814 mt as bycatch to support other anticipated groundfish
fisheries. NMFS has determined that 1,000 mt remain in the directed
fishing allowance. Therefore, NMFS is terminating the previous closure
and is opening directed fishing for Pacific cod by catcher processors
using trawl gear in the BSAI.
Classification
All other closures remain in full force and effect. This action
responds to the best available information recently obtained from the
fishery. It must be implemented immediately in order to allow full
utilization of the Pacific cod TAC. Providing prior notice and
opportunity for public comment for this action is impracticable and
contrary to the public interest. Further delay would only disrupt the
FMP objective of providing the Pacific cod TAC for harvest. NMFS finds
for good cause that the implementation of this action cannot be delayed
for 30 days. Accordingly, under 5 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: September 30, 1999,
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-25882 Filed 9-30-99; 4:53 pm]
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