[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Rules and Regulations]
[Page 65971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27429]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE269


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, American Fisheries Act (AFA) trawl 
catcher processors (C/Ps), and catcher vessels using trawl gear 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 2015 total allowable catch of Pacific 
cod to be harvested.

DATES: Effective October 23, 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 17,641 metric tons 
(mt) as established by the final 2015 and 2016 harvest specifications 
for groundfish in the BSAI (80 FR 11919, March 5, 2015) and 
reallocation (80 FR 57105, September 22, 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 43,224 mt as established by the final 2015 and 2016 
harvest specifications for groundfish in the BSAI (80 FR 11919, March 
5, 2015) and reallocation (80 FR 57105, September 22, 2015). The 
Regional Administrator has determined that catcher vessels using trawl 
gear will not be able to harvest 3,870 mt of the remaining 2015 Pacific 
cod TAC allocated to those vessels under Sec.  679.20(a)(7)(ii)(A)(9).
    The 2015 Pacific cod TAC specified for AFA trawl C/Ps in the BSAI 
is 5,623 mt as established by the final 2015 and 2016 harvest 
specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) 
and reallocation (80 FR 57105, September 22, 2015). The Regional 
Administrator has determined that AFA trawl C/Ps 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)(7).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A) and Sec.  
679.20(a)(7)(iii)(B), NMFS reallocates 5,870 mt of Pacific cod to 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.
    The harvest specifications for Pacific cod included in the final 
2015 harvest specifications for groundfish in the BSAI (80 FR 11919, 
March 5, 2015, 80 FR 51757, August 26, 2015, and 80 FR 57105, September 
22, 2015) are revised as follows: 16,641 mt for catcher vessels greater 
than 60 feet (18.3 m) LOA using pot gear, 39,354 mt for catcher vessels 
using trawl gear, 4,623 mt to AFA trawl C/Ps, 32,216 mt to A80 C/Ps, 
111,071 mt for C/Ps using hook-and-line, and 5,829 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 multiple 
sectors to 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. 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 19, 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: October 23, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-27429 Filed 10-23-15; 4:15 pm]
 BILLING CODE 3510-22-P