[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57838-57839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23056]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD520


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.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amounts of Pacific 
cod from catcher vessels greater than 60 feet (18.3 meters) length 
overall (LOA) using pot 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, American Fisheries Act (AFA) catcher/processors (C/P), 
Amendment 80 (A80) C/Ps, and C/Ps using pot gear in the Bering Sea and 
Aleutian Islands management area. This action is necessary to allow the 
2014 total allowable catch of Pacific cod to be harvested.

DATES: Effective September 24, 2014, through 2400 hrs, Alaska local 
time (A.l.t.), December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 2014 Pacific cod total allowable catch (TAC) specified for 
catcher vessels greater than or equal to 60 feet LOA using pot gear in 
the BSAI is 18,976 metric tons (mt) as established by the final 2014 
and 2015 harvest specifications for groundfish in the BSAI (79 FR 
12108, March 4, 2014). The Regional Administrator has determined that 
catcher vessels greater than or equal to 60 feet LOA using pot gear 
will not be able to harvest 3,000 mt of the remaining 2014 Pacific cod 
TAC allocated to those vessels under Sec.  679.20(a)(7)(ii)(A)(5).
    The 2014 Pacific cod TAC specified for catcher vessels using trawl 
gear in the BSAI is 48,107 mt as established by the final 2014 and 2015 
harvest specifications for groundfish in the BSAI (79 FR 12108, March 
4, 2014) and sector reallocation in August (79 FR 49463, August 21, 
2014). The Regional Administrator has determined that catcher vessels 
using trawl gear will not be able to harvest 2,500 mt of the remaining 
2014 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) and Sec.  
679.20(a)(7)(iii)(B), NMFS reallocates 5,500 mt of Pacific cod to 
catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line 
or pot gear, AFA C/Ps, A80 C/Ps, and C/Ps using pot gear in the Bering 
Sea and Aleutian Islands management area.
    The harvest specifications for Pacific cod included in the final 
2014 harvest specifications for groundfish in the BSAI (79 FR 12108, 
March 4, 2014 and 79 FR 49463, August 21, 2014) are revised as follows: 
15,976 mt for catcher vessels greater than or equal to 60 feet LOA 
using pot gear, 45,607 mt for catcher vessels using trawl gear, 12,018 
mt for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-
line or pot gear, 5,965 mt for AFA C/Ps, 32,131 mt to A80 C/Ps, and 
4,389 mt for C/Ps using 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 meters) LOA using 
hook-and-line or pot gear, AFA C/Ps, A80 C/Ps, and C/Ps using pot gear 
in the Bering Sea and Aleutian Islands management area. Since these 
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

[[Page 57839]]

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 
September 22, 2014.
    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: September 23, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-23056 Filed 9-24-14; 11:15 am]
BILLING CODE 3510-22-P