[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Rules and Regulations]
[Pages 26-27]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33089]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XZ61


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 
among multiple sectors in the Bering Sea and Aleutian Islands 
management area. These actions are necessary to allow the 2010 total 
allowable catch of Pacific cod to be harvested.

DATES: Effective December 28, 2010, until 2400 hours, A.l.t., December 
31, 2010.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands management area (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 parts 
600 and 679.
    The 2010 Pacific cod total allowable catch (TAC) in the BSAI is 
168,780 metric tons (mt) as established by the final 2010 and 2011 
harvest specifications for groundfish in the BSAI (75 FR 11778, March 
12, 2010). Pursuant to Sec.  679.20(a)(7)(ii)(A), the allocations of 
the Pacific cod TAC are 73,000 mt to hook-and-line catcher/processors, 
2,248 mt to pot catcher/processors, 300 mt to catcher vessels greater 
than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using 
hook-and-line gear, 12,591 mt to catcher vessels greater than or equal 
to 60 feet (18.3 m) LOA using pot gear, and 3,319 mt to the Amendment 
80 limited access sector. The allocation to American Fisheries Act 
(AFA) trawl catcher/processors is 4,067 mt after one reallocation on 
September 9, 2010 (75 FR 55690, September 14, 2010). The allocation to 
catcher vessels using trawl gear is 28,809 mt after two reallocations 
on August 27, 2010 (75 FR 52478, August 26, 2010) and September 9, 2010 
(75 FR 55690, September 14, 2010). The allocation to jig gear is 510 mt 
after two reallocations on March 17, 2010 (75 FR 13444, March 22, 2010) 
and April 12, 2010 (75 FR 19562, April 15, 2010). The allocation to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear is 5,098 after three reallocations on March 17, 2010 (75 FR 
13444, March 22, 2010), April 12, 2010 (75 FR 19562, April 15, 2010), 
and August 27, 2010 (75 FR 52478, August 26, 2010).
    First, as of December 23, 2010, the Administrator, Alaska Region, 
NMFS (Regional Administrator), has determined that vessels using jig 
gear will not be able to harvest 160 mt of Pacific cod allocated to 
those vessels under Sec.  679.20(a)(7)(ii) and subsequent 
reallocations. Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 160 mt of Pacific cod from 
vessels using jig gear to catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear.
    Second, as of December 23, 2010, the Regional Administrator has 
determined that catcher vessels greater than or equal to 60 feet (18.3 
m) LOA using hook-and-line gear will not be able to harvest 299 mt of 
Pacific cod allocated to those vessels under Sec.  679.20(a)(7)(ii)(A). 
Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS 
apportions 251 mt of Pacific cod from catcher vessels greater than or 
equal to 60 feet (18.3 m) LOA using hook-and-line gear to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
and 48 mt of Pacific cod from catcher vessels greater than or equal to 
60 feet (18.3 m) LOA using hook-and-line gear to catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA using pot gear.
    Third, as of December 23, 2010, the Regional Administrator has 
determined that AFA trawl catcher/processors will not be able to 
harvest 26 mt of Pacific cod allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A) and subsequent reallocations. Therefore, in 
accordance with Sec.  679.20(a)(7)(iii)(B), NMFS apportions 26 mt of 
Pacific cod from AFA trawl catcher/processors to the Amendment 80 
limited access sector.
    Fourth, as of December 23, 2010, the Regional Administrator has 
determined that trawl catcher vessels will not be able to harvest 634 
mt of Pacific cod allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A) and subsequent reallocations. The Regional 
Administrator has also 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 405 mt of Pacific cod from 
trawl catcher vessels to the Amendment 80 limited access sector, 190 mt 
of Pacific cod from trawl catcher vessels to hook-and-line catcher/
processors, 33 mt to catcher vessels greater than or equal to 60 feet 
(18.3 m) LOA using pot gear, and 6 mt to pot catcher/processors.
    Finally, as of December 23, 2010, the 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 1,096 mt of Pacific 
cod allocated to those vessels under Sec.  679.20(a)(7)(ii)(A) and 
subsequent reallocations. Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(C), NMFS apportions 1,096 mt of Pacific cod from 
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot 
gear to pot catcher/processors.
    The allocations for Pacific cod specified in the final 2010 and 
2011 final harvest specifications for groundfish in the BSAI (75 FR 
11778, March 12, 2010) and reallocations on March 17, 2010 (75 FR 
13444, March 22, 2010), April 12, 2010 (75 FR 19562, April 15, 2010), 
August 27, 2010 (75 FR 52478, August 26, 2010), and September 9, 2010 
(75 FR 55690, September 14, 2010) are revised as follows: 4,041 mt to 
AFA catcher/processors using trawl gear, 3,750 mt to the Amendment 80 
limited access sector, 28,175 mt to catcher vessels using trawl gear, 1 
mt to catcher vessels greater than or equal to 60 feet (18.3 m) LOA 
using hook-and-line gear, 11,576 mt to catcher vessels greater than or 
equal to 60 feet (18.3 m) LOA using pot gear, 5,509 mt to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, 
350 mt to vessels using jig gear, 3,350 mt to pot catcher/processors, 
and 73,190 mt to hook-and-line catcher/processors.
    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

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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 23, 2010.
    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 28, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-33089 Filed 12-28-10; 4:15 pm]
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