[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53076-53077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21018]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3148-02]
RIN 0648-XC831


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 and catcher vessels greater than 60 
feet (18.3 meters) length overall (LOA) using hook-and-line 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 2013 total allowable catch of 
Pacific cod to be harvested.

DATES: Effective August 23, 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 
vessels using jig gear in the BSAI is 3,251 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 Administrator, 
Alaska Region, NMFS, (Regional Administrator) has determined that jig 
vessels will not be able to harvest 2,500 mt of the remaining 2013 
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 2,500 mt of Pacific cod to 
catcher vessels less than 60 feet (18.3 meters(m)) LOA using hook-and-
line or pot gear.
    The 2013 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet LOA using hook-and-line gear in the BSAI is 463 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 greater than or equal 
to 60 feet LOA using hook-and-line gear will not be able to harvest 450 
mt of the remaining 2013 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 450 mt of Pacific cod 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 
2013 harvest specifications for groundfish in the BSAI (78 FR 13813, 
March 1, 2013) are revised as follows: 751 mt for vessels using jig 
gear, 13 mt for catcher vessels greater than or equal to 60 feet (18.3 
m) LOA using hook-and-line gear, and 7,577 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

[[Page 53077]]

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 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 23, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-21018 Filed 8-23-13; 4:15 pm]
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