[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76903-76904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31675]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 101126521-0640-02]
RIN 0648-XA858


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 total allowable catch (TAC) from catcher vessels using trawl gear 
and jig gear sectors to American Fisheries Act (AFA) trawl catcher/
processors and catcher/processors using hook-and-line gear in the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to allow the 2011 TAC of Pacific cod to be harvested.

DATES: Effective December 9, 2011, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, (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 C season apportionment of the 2011 Pacific cod TAC specified 
for vessels using trawl gear in the BSAI is 5,458 metric tons (mt) for 
the period 1200 hrs, A.l.t., June 10, 2011, through 1200 hrs, A.l.t., 
November 1, 2011, as established by the final 2011 and 2012 harvest 
specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011) 
and subsequent reallocation (76 FR 54137, August 31, 2011).
    The Administrator, Alaska Region, NMFS (Regional Administrator) has 
determined that trawl catcher vessels will not be able to harvest 2,500 
mt of the C season apportionment of the 2011 Pacific cod TAC allocated 
to those vessels under Sec.  679.20(a)(7)(ii)(A)(9). The Regional 
Administrator has determined that the projected unharvested amount is 
unlikely to be harvested by any of the other sectors described in Sec.  
679.20(a)(7)(iii)(A). On October 24, 2011, NMFS prohibited directed 
fishing for Pacific cod by vessels using pot gear in the BSAI to limit 
incidental catch of octopus (76 FR 66655, October 27, 2011). Therefore, 
in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS apportions from the 
C season trawl catcher vessel apportionment 1,750 mt of Pacific cod to 
the B season apportionment for AFA trawl catcher/processors 
apportionment and 750 mt to the B season apportionment for catcher/
processors using hook-and-line gear.
    The C season apportionment of the 2011 Pacific cod TAC specified 
for jig gear in the BSAI is 570 mt for the period 1200 hrs, A.l.t., 
August 31, 2011, through 1200 hrs, A.l.t., December 31, 2011, as 
established by the final 2011 and 2012 harvest specifications for 
groundfish in the BSAI (76 FR 11139, March 1, 2011).
    The Regional Administrator has determined that the jig gear sector 
will not be able to harvest 370 mt of the C season apportionment of the 
2011 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1). The Regional Administrator has determined that 
the projected unharvested amount is unlikely to be harvested by any of 
the other sectors described in Sec.  679.20(a)(7)(iii)(A). Therefore, 
in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS apportions from the 
C season jig gear apportionment 370 mt of Pacific cod to the B season 
apportionment for catcher/processors using hook-and-line 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: 2,958 mt for catcher vessels 
using trawl gear and 200 mt for jig gear to the C season apportionments 
and 2,920 mt for AFA trawl catcher/processors and 49,499 mt for 
catcher/processors using hook-and-line gear to the B season 
apportionments.

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 specified from trawl 
catcher vessels and jig gear to AFA trawl catcher/processors and 
catcher/processors using hook-and-line gear. Since fisheries are 
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, 2011.
    The AA also finds good cause to waive the 30-day delay in the 
effective

[[Page 76904]]

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 6, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-31675 Filed 12-6-11; 4:15 pm]
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