[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Rules and Regulations]
[Page 57105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24025]



[[Page 57105]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE203


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 (m)) 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, Amendment 80 (A80) catcher processors (C/Ps), American 
Fisheries Act (AFA) trawl C/Ps, and C/Ps using pot gear in the Bering 
Sea and Aleutian Islands management area. This action is necessary to 
allow the 2015 total allowable catch of Pacific cod to be harvested.

DATES: Effective September 17, 2015, through 2400 hrs, Alaska local 
time (A.l.t.), December 31, 2015.

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 2015 Pacific cod TAC specified for catcher vessels greater than 
60 feet (18.3 m) LOA using pot gear in the BSAI is 18,641 metric tons 
(mt) as established by the final 2015 and 2016 harvest specifications 
for groundfish in the BSAI (80 FR 11919, March 5, 2015). The Regional 
Administrator has determined that catcher vessels greater than 60 feet 
(18.3 m) LOA using pot gear in the BSAI will not be able to harvest 
1,000 mt of the remaining 2015 Pacific cod TAC allocated to those 
vessels under Sec.  679.20(a)(7)(ii)(A)(5).
    The 2015 Pacific cod TAC specified for catcher vessels using trawl 
gear in the BSAI is 49,224 mt as established by the final 2015 and 2016 
harvest specifications for groundfish in the BSAI (80 FR 11919, March 
5, 2015). The Regional Administrator has determined that catcher 
vessels using trawl gear will not be able to harvest 6,000 mt of the 
remaining 2015 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 7,000 mt of Pacific cod to 
catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line 
or pot gear, A80 C/Ps, AFA trawl 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 
2015 harvest specifications for groundfish in the BSAI (80 FR 11919, 
March 5, 2015 and 80 FR 51757, August 26, 2015) are revised as follows: 
17,641 mt for catcher vessels greater than 60 feet (18.3 m) LOA using 
pot gear, 43,224 mt for catcher vessels using trawl gear, 12,380 mt for 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear, 30,846 mt to A80 C/Ps, 5,623 mt to AFA trawl C/Ps, and 4,329 
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 the trawl 
catcher vessel sector 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 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 15, 2015.
    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 17, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-24025 Filed 9-17-15; 4:15 pm]
 BILLING CODE 3510-22-P