[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Rules and Regulations]
[Pages 74987-74988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29201]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XM17


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.

[[Page 74988]]


ACTION: Temporary rule; reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating projected unused amounts of Pacific cod 
from catcher vessels using trawl gear, catcher vessels using pot gear, 
and vessels using jig gear to American Fisheries Act (AFA) catcher 
processor vessels, catcher processor vessels using pot gear, and 
catcher processor vessels using hook-and-line gear in the Bering Sea 
and Aleutian Islands management area (BSAI). These actions are 
necessary to allow the 2008 total allowable catch (TAC) of Pacific cod 
to be harvested.

DATES: Effective December 5, 2008, until 2400 hours, A.l.t., December 
31, 2008.

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 2008 Pacific cod TAC in the BSAI is 170,720 metric tons (mt) as 
established by the 2008 and 2009 final harvest specifications for 
groundfish in the BSAI (73 FR 10160, February 26, 2008). Pursuant to 
Sec.  679.29(a)(7)(ii), the allocations of the Pacific cod TAC are 
73,844 mt to catcher processor vessels using hook-and-line gear, 2,274 
mt to catcher processor vessels using pot gear, 12,737 mt to catcher 
vessels greater than or equal to 60 feet (18.3 meters (m)) length 
overall (LOA) using pot gear, 3,506 mt to AFA trawl catcher processors, 
and 33,692 mt to catcher vessels using trawl gear. The allocation to 
vessels using jig gear is 260 mt and the allocation to catcher vessels 
less than 60 feet (18.3m) LOA using hook-and-line or pot gear is 5,210 
mt after four reallocations (73 FR 11562, March 4, 2008; 73 FR 19748, 
April 11, 2008; 73 FR 49962, August 25, 2008; and 73 FR 52797, 
September 11, 2008).
    As of December 1, 2008, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that catcher vessels using 
trawl gear will not be able to harvest 2,850 mt of Pacific cod 
allocated to those vessels under Sec.  679.20(a)(7)(ii). The Regional 
Administrator has determined that the projected unharvested amount is 
unlikely to be harvested by any of the other catcher vessel sectors 
described in Sec.  679.20(a)(7)(iii)(A). Furthermore, the Regional 
Administrator has also determined that other trawl sectors will be 
unable to utilize the full unharvested amount and that catcher vessels 
greater than or equal to 60 feet (18.3m) LOA using pot gear will not be 
able to harvest any additional amounts. Therefore, in accordance with 
Sec.  679.20(a)(7)(iii)(B), NMFS apportions 1,200 mt of Pacific cod 
from catcher vessels using trawl gear to AFA trawl catcher processors, 
1,607 mt of Pacific cod from catcher vessels using trawl gear to 
catcher processor vessels using hook-and-line gear, and 43 mt from 
catcher vessels using trawl gear to catcher processors using pot gear.
    The Regional Administrator has also determined that catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA using pot gear will not 
be able to harvest 1,315 mt of Pacific cod. Furthermore, the Regional 
Administrator has determined that catcher processor vessels using pot 
gear will be unable to utilize the full unharvested amount. Therefore, 
in accordance with Sec.  679.20(a)(7)(iii)(C), NMFS is reallocating 772 
mt of Pacific cod allocated to catcher vessels greater than 60 feet 
(18.3 m) LOA using pot gear to catcher processor vessels using pot gear 
and 543 mt of Pacific cod allocated to catcher vessels greater than or 
equal to 60 feet (18.3 m) LOA using pot gear to catcher processor 
vessels using hook-and-line gear.
    The Regional Administrator has also determined that vessels using 
jig gear will be unable to harvest 80 mt of Pacific cod. The Regional 
Administrator has also determined that catcher vessels less than 60 
feet (18.3m) LOA using hook-and-line or pot gear and catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear 
will be unable to harvest additional Pacific cod. Therefore, in 
accordance with Sec.  679.20(a)(7)(iii)(A), NMFS is reallocating 80 mt 
of Pacific cod allocated to jig vessels to catcher processor vessels 
using hook-and-line gear.
    The allocations for Pacific cod specified in the 2008 and 2009 
final harvest specifications for groundfish in the BSAI (73 FR 10160, 
February 26, 2008) and four reallocations (73 FR 11562, March 4, 2008, 
73 FR 19748, April 11, 2008, 73 FR 49962, August 25, 2008, and 73 FR 
52797, September 11, 2008) are revised as follows: 180 mt to vessels 
using jig gear, 76,074 mt to catcher processor vessels using hook-and-
line gear, 11,422 mt to catcher vessels using pot gear, 3,089 mt to 
catcher processor vessels using pot gear, 4,706 mt to AFA catcher 
processor vessels using trawl gear, and 30,842 mt to catcher vessels 
using trawl 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 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 Pacific cod. Since the fishery is 
currently open, it is important to immediately inform the industry as 
to the revised allocations. Immediate notification is necessary to 
allow for the orderly conduct and efficient operation of this fishery, 
to allow the industry to plan for the fishing season, and to avoid 
potential disruption to the fishing fleet as well as processors. NMFS 
was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
December 1, 2008.
    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: December 5, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-29201 Filed 12-5-08; 4:15 pm]
BILLING CODE 3510-22-S