[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Page 76250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30862]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE342


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 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 December 3, 2015 through 2400 hours, 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 16,641 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 
reallocations (80 FR 57105, September 22, 2015 and 80 FR 65971, October 
28, 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 3,000 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 39,354 mt as established by the final 2015 and 2016 
harvest specifications for groundfish in the BSAI (80 FR 11919, March 
5, 2015) and reallocations (80 FR 57105, September 22, 2015 and 80 FR 
65971, October 28, 2015). The Regional Administrator has determined 
that catcher vessels using trawl gear will not be able to harvest 1,500 
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 4,623 mt as established by the final 2015 and 2016 harvest 
specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) 
and reallocations (80 FR 57105, September 22, 2015 and 80 FR 65971, 
October 28, 2015). The Regional Administrator has determined that AFA 
trawl C/Ps will not be able to harvest 800 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 5,300 mt of Pacific cod to 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, 80 FR 57105, September 22, 
2015 and 80 FR 65971, October 28, 2015) are revised as follows: 13,641 
mt for catcher vessels greater than 60 feet (18.3 m) LOA using pot 
gear, 37,854 mt for catcher vessels using trawl gear, 3,823 mt to AFA 
trawl C/Ps, 115,371 mt for C/Ps using hook-and-line, and 6,829 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 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 
December 1, 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: December 3, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-30862 Filed 12-3-15; 4:15 pm]
 BILLING CODE 3510-22-P