[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Rules and Regulations]
[Pages 53152-53153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21582]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 111213751-2102-02]
RIN 0648-XC202


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 vessels using jig gear, catcher vessels greater than 60 feet 
(18.3 meters) length overall (LOA) using hook-and-line gear, and 
catcher vessels using trawl gear to catcher vessels less than 60 feet 
(18.3 meters) LOA using hook-and-line or pot gear in the Bering Sea and 
Aleutian Islands management area. This action is necessary to allow the 
2012 total allowable catch of Pacific cod to be harvested.

DATES: Effective August 28, 2012, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2012.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (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 2012 Pacific cod total allowable catch (TAC) specified for 
vessels using jig gear in the BSAI is 1,463 metric tons (mt) as 
established by the final 2012 and 2013 harvest specifications for 
groundfish in the BSAI (77 FR 10669, February 23, 2012). The 
Administrator, Alaska Region, NMFS, (Regional Administrator) has 
determined that jig vessels will not be able to harvest 1,000 mt of the 
remaining 2012 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 1,000 mt of Pacific cod to 
catcher vessels less than 60 feet (18.3 meters(m)) LOA using hook-and-
line or pot gear.
    The 2012 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet LOA using hook-and-line gear in the BSAI is 465 mt 
as established by the final 2012 and 2013 harvest specifications for 
groundfish in the BSAI (77 FR 10669, February 23, 2012). The Regional 
Administrator has determined that catcher vessels greater than or equal 
to 60 feet LOA using hook-and-line gear will not be able to harvest 435 
mt of the remaining 2012 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 apportions 435 mt of Pacific cod to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
    The 2012 Pacific cod total allowable catch specified for catcher 
vessels using trawl gear in the BSAI is 51,509 mt as established by the 
final 2012 and 2013 harvest specifications for groundfish in the BSAI 
(77 FR 10669, February 23, 2012). The Regional Administrator has 
determined that catcher vessels using trawl gear will not be able to 
harvest 500 mt of the 2012 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 500 mt of Pacific cod from 
catcher vessels using trawl gear to catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear.
    The harvest specifications for Pacific cod included in the final 
2012 harvest specifications for groundfish in the BSAI (77 FR 10669, 
February 23, 2012) and inseason adjustment (77 FR 8176, February 14, 
2012) are revised as follows: 463 mt for vessels using jig gear, 30 mt 
for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using 
hook-and-line gear, 51,009 mt for vessels using trawl gear, and 8,380 
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 specified from other 
sectors to catcher vessels less than 60 feet (18.3 m) 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 27, 2012.
    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.


[[Page 53153]]


    Dated: August 28, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-21582 Filed 8-28-12; 4:15 pm]
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