[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Rules and Regulations]
[Pages 57262-57263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26584]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0801041351-9087-02]
RIN 0648-XS69


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.

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

SUMMARY: NMFS is reallocating projected unused amounts of Pacific cod 
from catcher vessels using trawl gear, catcher vessels using pot gear, 
catcher vessels using hook and line gear, and vessels using jig to 
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 October 30, 2009, until 2400 hours, A.l.t., December 
31, 2009.

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 2009 Pacific cod TAC in the BSAI is 176,540 metric tons (mt) as 
established by the final 2009 and 2010 harvest specifications for 
groundfish in the BSAI (74 FR 7359, February 17, 2009). Pursuant to 
Sec.  679.20(a)(7)(ii) and the reallocation on September 17, 2009 (74 
FR 48170, September 22, 2009), the allocations of the Pacific cod TAC 
are 77,725 mt to catcher/processors using hook-and-line gear, 2,852 mt 
to catcher/processors using pot gear, 11,873 mt to catcher vessels 
greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) 
using pot gear, 314 mt to catcher vessels greater than or equal to 60 
feet (18.3 meters (m)) length overall (LOA) using hook and line gear, 
and 30,641 mt to catcher vessels using trawl gear.
    The allocation to catcher vessels less than 60 feet (18.3m) LOA 
using hook-and-line or pot gear is 4,737 mt after two reallocations (74 
FR 9965, March 9, 2009 and 74 FR 19021, April 27, 2009). The allocation 
to vessels using jig gear is 57 mt after three reallocations (74 FR 
9965, March 9, 2009, 74 FR 19021, April 27, 2009, and 74 FR 48170, 
September 22, 2009).
    As of October 20, 2009, the Administrator, Alaska Region, NMFS 
(Regional Administrator), 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

[[Page 57263]]

5,000 mt of Pacific cod. The Regional Administrator has determined that 
the projected unharvested amount is unlikely to be harvested by any of 
the other catcher vessel sectors as described in Sec.  
679.20(a)(7)(iii)(A). 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 698 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 4,302 mt of Pacific 
cod allocated to catcher vessels greater than 60 feet (18.3 m) LOA 
using pot gear to catcher/processors using hook-and-line gear.
    The Regional Administrator also has determined that catcher vessels 
using trawl gear will not be able to harvest 901 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 jig or other catcher vessel 
sectors as described in Sec.  679.20(a)(7)(iii)(A) or trawl sectors as 
described in Sec.  679.20(a)(7)(iii)(B). Additionally, the Regional 
Administrator has determined that catcher/processors using pot gear 
will be unable to harvest any additional amounts of Pacific cod. 
Therefore, in accordance with Sec.  679.20(a)(7)(iii)(B), NMFS is 
reallocating 901 mt of Pacific cod from catcher vessels using trawl 
gear to catcher/processers using hook-and-line gear.
    The Regional Administrator also has determined that catcher vessels 
greater than 60 feet (18.3 m) LOA using hook-and-line gear will not be 
able to harvest 312 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 jig or other catcher vessel sectors as described in Sec.  
679.20(a)(7)(iii)(A). Additionally, the Regional Administrator has 
determined that catcher/processors using pot gear will be unable to 
harvest any additional amounts of Pacific cod. Therefore, in accordance 
with Sec.  679.20(a)(7)(iii)(B), NMFS is reallocating 312 mt of Pacific 
cod from catcher vessels greater than 60 feet (18.3 m) LOA using hook-
and-line gear to catcher/processers using hook-and-line gear.
    The Regional Administrator also has determined that catcher vessels 
less than 60 feet (18.3m) LOA using hook-and-line or pot gear will not 
be able to harvest 303 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 jig or other catcher vessel sectors as described in Sec.  
679.20(a)(7)(iii)(A). Additionally, the Regional Administrator has 
determined that catcher/processors using pot gear will be unable to 
harvest any additional amounts of Pacific cod. Therefore, in accordance 
with Sec.  679.20(a)(7)(iii)(B), NMFS is reallocating 303 mt of Pacific 
cod from catcher vessels less than 60 feet (18.3m) LOA using hook-and-
line or 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 32 mt of Pacific cod. The Regional 
Administrator has determined that catcher vessels less than 60 feet 
(18.3m) LOA using hook-and-line or pot gear will be unable to harvest 
additional Pacific cod. Additionally, the Regional Administrator has 
determined that other catcher vessel sectors as described in Sec.  
679.20(a)(7)(iii)(A) will be unable to harvest any additional amounts 
of Pacific cod. Therefore, in accordance with Sec.  679.20(a)(7)(iv)(C) 
and Sec.  679.20(a)(7)(iii)(A), NMFS is reallocating 32 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 harvest specifications for groundfish in the BSAI (74 FR 7359, 
February 17, 2009) and subsequent three reallocations (74 FR 9965, 
March 9, 2009, 74 FR 19021, April 27, 2009, and 74 FR 48170, September 
22, 2009) are revised as follows: 83,575 mt to catcher/processor 
vessels using hook-and-line gear, 3,550 mt to catcher/processor vessels 
using pot gear, 6,873 mt to catcher vessels greater than or equal to 60 
feet (18.3 m) length overall using pot gear, 2 mt to catcher vessels 
greater than or equal to 60 feet (18.3 m) length overall using hook and 
line gear, 29,740 mt to catcher vessels using trawl gear, 4,434 to 
catcher vessels less than 60 feet (18.3m) LOA using hook-and-line or 
pot gear and 25 mt to vessels using jig 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 
October 29, 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: October 30, 2009
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-26584 Filed 10-30-09; 4:15 pm]
BILLING CODE 3510-22-S