[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Rules and Regulations]
[Pages 52868-52869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20892]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3148-02]
RIN 0648-XC817


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 to American Fisheries Act 
trawl catcher/processors and Amendment 80 catcher/processors in the 
Bering Sea and Aleutian Islands management area. This action is 
necessary to allow the 2013 total allowable catch of Pacific cod to be 
harvested.

DATES: Effective August 22, 2013, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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 2013 Pacific cod total allowable catch (TAC) specified for 
catcher vessels using trawl gear in the BSAI is 51,312 metric tons (mt) 
as established by the final 2013 and 2014 harvest specifications for 
groundfish in the BSAI (78 FR 13813, March 1, 2013). The Regional 
Administrator has determined that catcher vessels using trawl gear will 
not be able to harvest 2,000 mt of the 2013 Pacific cod TAC allocated 
to those vessels under Sec.  679.20(a)(7)(ii)(A)(9). The Regional 
Administrator has also determined that this unharvested amount is 
unlikely to be harvested through the hierarchy set forth in Sec.  
679.20(a)(7)(iii)(A). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A) and Sec.  679.20(a)(7)(iii)(B), NMFS

[[Page 52869]]

reallocates 500 mt to American Fisheries Act (AFA) trawl catcher/
processors and 1,500 mt to Amendment 80 catcher/processors.
    The harvest specifications for Pacific cod included in the final 
2013 harvest specifications for groundfish in the BSAI (78 FR 13813, 
March 1, 2013) are revised as follows: 5,840 mt for AFA trawl catcher/
processors, 32,612 mt for Amendment 80 catcher/processors, and 49,312 
mt for trawl catcher vessels. In accordance with Sec.  679.91(f), NMFS 
will reissue cooperative quota permits for the reallocated Pacific cod 
to Amendment 80 catcher/processors following the procedures set forth 
in Sec.  679.91(f)(3).

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 for catcher 
vessels using trawl gear to AFA trawl catcher/processors and Amendment 
80 catcher/processors. 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 21, 2013.
    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 22, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2013-20892 Filed 8-22-13; 4:15 pm]
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