[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Rules and Regulations]
[Pages 64682-64683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25852]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD588


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 greater than 60 feet (18.3 meters) length 
overall (LOA) using pot gear, catcher vessels using trawl gear, and 
American Fisheries Act (AFA) catcher/processors (C/Ps) to Amendment 80 
(A80) C/Ps, C/Ps using hook-and-line gear, 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 October 27, 2014, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2014.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands management area (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

[[Page 64683]]

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 15,976 metric tons (mt) as established by the final 2014 
and 2015 harvest specifications for groundfish in the BSAI (79 FR 
12108, March 4, 2014) and sector reallocations (79 FR 49463, August 21, 
2014 and 79 FR 57838, September 26, 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 1,500 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 45,607 mt as established by the final 2014 and 2015 
harvest specifications for groundfish in the BSAI (79 FR 12108, March 
4, 2014) and sector reallocations (79 FR 49463, August 21, 2014 and 79 
FR 57838, September 26, 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).
    The 2014 Pacific cod TAC specified for AFA C/Ps in the BSAI is 
5,965 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 (79 FR 57838, September 26, 2014). The Regional 
Administrator has determined that AFA C/Ps will not be able to harvest 
500 mt of the remaining 2014 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(7).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A) and Sec.  
679.20(a)(7)(iii)(B), NMFS reallocates 4,500 mt of Pacific cod to A80 
C/Ps, C/Ps using hook-and line-gear, and C/Ps using pot gear in the 
BSAI.
    The harvest specifications for Pacific cod included in the final 
2014 harvest specifications for groundfish in the BSAI (79 FR 12108, 
March 4, 2014, 79 FR 49463, August 21, 2014, and 79 FR 57838, September 
26, 2014) are revised as follows: 14,476 mt for catcher vessels greater 
than or equal to 60 feet LOA using pot gear, 43,107 mt for catcher 
vessels using trawl gear, 5,465 mt for AFA C/Ps, 33,631 mt to A80 C/Ps, 
111,516 mt for C/Ps using hook-and-line gear, and 5,889 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 A80 C/Ps, C/Ps using hook-and-line gear, and C/Ps using pot 
gear in the BSAI. 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 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 October 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: October 27, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-25852 Filed 10-27-14; 4:15 pm]
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