Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod

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. These actions are necessary to allow the 1998

total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective October 6, 1998.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

BSAI exclusive economic zone 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 210,000 mt by the Final 1998 Harvest

Specifications for Groundfish for the BSAI (63 FR 12689, March 16,

1998). Of this amount, 3,885 mt was allocated to vessels using jig

gear, 45,649 mt to trawl catcher vessels, 45,649 mt to trawl catcher/

processors, and 99,068 mt to vessels using hook-and-line or pot gear.

On September 4, 1998, NMFS published a request for public comment

on a proposed reallocation of BSAI Pacific cod from trawl catcher/

processors to either trawl catcher vessels and/or to vessels using

hook-and line or pot gear (63 FR 47218, September 4, 1998). Five

letters of comment were received during the comment period from hook-

and-line and trawl catcher/processor industry representatives. No

comments were received from trawl catcher vessels expressing interest

in the trawl catcher/processor projected unused amount. Trawl catcher/

processor representatives expressed an interest in targeting Pacific

cod in October and November after the end of the B season pollock

fishery. Based on those comments and the expected bycatch of Pacific

cod in the continuing pollock, yellowfin sole, and Atka mackerel

fisheries, the projected unused amount was reduced from 7,000 mt to

1,500 mt.

Accordingly, the Acting Administrator, Alaska Region, NMFS (Acting

Regional Administrator), has determined that trawl catcher/processors

will not be able to harvest 1,500 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), NMFS

apportions 1,500 mt of Pacific cod from trawl catcher/processors to

vessels using hook-and-line or pot gear.

The Acting Regional Administrator also has determined that vessels

using jig gear will not harvest 3,500 mt of Pacific cod by the end of

the year. Therefore, in accordance with Sec. 679.20(a)(7)(iii), NMFS is

reallocating the unused amount of 3,500 mt of Pacific cod allocated to

vessels using jig gear to vessels using hook-and-line or pot gear.

Classification

This action is taken under 50 CFR 679.20 and is exempt from OMB

review under E.O. 12866.

The Assistant Administrator for Fisheries, NOAA, has determined,

under section 553(b)(B) and (d)(3) of the Administrative Procedure Act

and 50 CFR 679.20(b)(3)(iii)(A), that good cause exists for waiving the

opportunity for public comment and the 30-day delayed effectiveness

period for this action. 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.

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

Dated: October 6, 1998.

Richard W. Surdi,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

[FR Doc. 98-27232 Filed 10-6-98; 2:36 pm]

BILLING CODE 3510-22-F