[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Rules and Regulations]
[Pages 48170-48171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22821]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0801041351-9087-02]
RIN 0648-XR71


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 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 
processors, the Amendment 80 cooperative, catcher processors using pot 
gear, and catcher processors using hook-and-line gear in the Bering Sea 
and Aleutian Islands management area (BSAI). These actions are 
necessary to allow the 2009 total allowable catch (TAC) of Pacific cod 
to be harvested.

DATES: Effective September 17, 2009, until 2400 hours, A.l.t., December 
31, 2009.

FOR FURTHER INFORMATION CONTACT:  Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

[[Page 48171]]

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 2009 Pacific cod TAC in the BSAI is 176,540 metric tons (mt) as 
established by the final 2009 and 2010 final harvest specifications for 
groundfish in the BSAI (74 FR 7359, February 17, 2009). Pursuant to 
Sec.  679.20(a)(7)(ii), the allocations of the Pacific cod TAC are 
76,375 mt to catcher processors using hook-and-line gear, 2,352 mt to 
catcher processors using pot gear, 13,173 mt to catcher vessels greater 
than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using 
pot gear, 3,626 mt to AFA trawl catcher processors, 17,654 mt to the 
Amendment 80 cooperative, and 34,841 mt to catcher vessels using trawl 
gear. The allocation to vessels using jig gear is 607 mt after two 
reallocations (74 FR 9965, March 9, 2009 and 74 FR 19021, April 27, 
2009).
    As of September 15, 2009, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that catcher vessels using 
trawl gear will not be able to harvest 4,200 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). 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 
and 3,000 mt of Pacific cod from catcher vessels using trawl gear to 
the Amendment 80 cooperative.
    The Regional Administrator also has determined that catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA using pot gear will not 
be able to harvest 1,300 mt of Pacific cod. Additionally, the Regional 
Administrator has determined that catcher processors using pot gear 
will be unable to fully harvest this amount of Pacific cod. Therefore, 
in accordance with Sec.  679.20(a)(7)(iii)(C), NMFS is reallocating 500 
mt of Pacific cod allocated to catcher vessels greater than 60 feet 
(18.3 m) LOA using pot gear to catcher processors using pot gear and 
800 mt of Pacific cod allocated to catcher vessels greater than 60 feet 
(18.3 m) LOA using pot gear to catcher processers using hook-and-line 
gear.
    The Regional Administrator also has determined that vessels using 
jig gear will be unable to harvest 550 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 550 mt 
of Pacific cod allocated to jig vessels to catcher processors using 
hook-and-line gear.
    The allocations for Pacific cod specified in the final 2009 and 
2010 final harvest specifications for groundfish in the BSAI (74 FR 
7359, February 17, 2009) and two reallocations (74 FR 9965, March 9, 
2009 and 74 FR 19021, April 27, 2009) are revised as follows: 57 mt to 
vessels using jig gear, 77,725 mt to catcher processor vessels using 
hook-and-line gear, 11,873 mt to catcher vessels using pot gear, 2,852 
mt to catcher processor vessels using pot gear, 4,826 mt to AFA catcher 
processors using trawl gear, 20,654 mt to the Amendment 80 cooperative, 
and 30,641 mt to catcher vessels using trawl gear.
    This will enhance the socioeconomic well-being of harvesters 
dependent upon Pacific cod in this area. The Regional Administrator 
considered the following factors in reaching this decision: (1) the 
current catch of Pacific cod by the applicable BSAI sectors and, (2) 
the harvest capacity and stated intent on future harvesting patterns of 
vessels in the sectors participating in this fishery.

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 
September 15, 2009.
    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: September 16, 2009
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-22821 Filed 9-17-09; 4:15 pm]
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