[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Rules and Regulations]
[Pages 54137-54138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22310]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA673


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 the projected unused amounts of Pacific 
cod from catcher vessels using trawl gear and catcher vessels greater 
than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using 
hook-and-line gear to catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to allow the 2011 
total allowable catch of Pacific cod in the BSAI to be harvested.

DATES: Effective September 1, 2011, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2011.

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 2011 Pacific cod total allowable catch (TAC) specified for 
vessels using trawl gear in the BSAI is 43,687 metric tons (mt) as 
established by the final 2011 and 2012 harvest specifications for 
groundfish in the BSAI (76 FR 11139, March 1, 2011) and reallocation 
(76 FR 29671, May 23, 2011).
    The Administrator, Alaska Region, NMFS, has determined that trawl 
catcher vessels will not be able to harvest 1,290 mt of the 2011 
Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(9). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS reallocates 1,290 mt of Pacific cod from 
trawl catcher vessels to catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or pot gear.
    The 2011 Pacific cod total allowable catch (TAC) specified for 
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using 
hook-and-line gear in the BSAI is 225 mt as established by the final 
2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 
11139, March 1, 2011) and reallocation (76 FR 24403, May 2, 2011).
    The Administrator, Alaska Region, NMFS, 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 210 mt of the 2011 Pacific cod 
TAC allocated to those vessels under Sec.  679.20(a)(7)(ii)(A)(3). 
Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS 
reallocatess 210 mt of Pacific cod from catcher vessels greater than or 
equal to 60 feet (18.3 m) LOA using hook-and-line gear

[[Page 54138]]

to catcher vessels less than 60 feet LOA using hook-and-line or pot 
gear.
    The harvest specifications for Pacific cod included in the final 
2011 harvest specifications for groundfish in the BSAI (76 FR 11139, 
March 1, 2011) are revised as follows: 42,397 mt to catcher vessels 
using trawl gear, 15 mt to catcher vessels greater than or equal to 60 
feet (18.3 m) LOA using hook-and-line gear and 9,005 mt to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot 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 to catcher vessels less 
than 60 feet LOA using hook-and-line or pot gear. 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 
August 23, 2011.
    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: August 26, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-22310 Filed 8-30-11; 8:45 am]
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