[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Rules and Regulations]
[Pages 77275-77276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31386]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 140918791-4999-02]
RIN 0648-XE354


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Central Regulatory Area of the Gulf of Alaska 
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 amount of Pacific 
cod from catcher vessels using trawl gear to vessels using pot gear in 
the Central Regulatory Area of the Gulf of Alaska management area 
(GOA). This action is necessary to allow the 2015 total allowable catch 
of Pacific cod in the Central Regulatory Area of the GOA to be 
harvested.

DATES: Effective December 10, 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 
Gulf of Alaska exclusive economic zone according to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (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. Regulations governing 
sideboard protections for GOA groundfish fisheries appear at subpart B 
of 50 CFR part 680.
    The 2015 Pacific cod total allowable catch (TAC) specified for 
catcher vessels using trawl gear in the Central Regulatory Area of the 
GOA is 18,933 metric tons (mt), as established by the final 2015 and 
2016 harvest specifications for groundfish in the GOA (80 FR 10250, 
February 25, 2015). The Administrator, Alaska Region (Regional 
Administrator) has determined that catcher vessels using trawl gear in 
the Central Regulatory Area of the GOA will not be able to harvest 
2,000 mt of the 2015 Pacific cod TAC allocated to those vessels under 
Sec.  679.20(a)(12)(i)(B).
    In accordance with Sec.  679.20(a)(12)(ii)(B), the Regional 
Administrator has also determined that vessels using pot gear in the 
Central Regulatory Area of the GOA currently have the capacity to 
harvest this excess allocation and reallocates 2,000 mt to vessels 
using pot gear.
    The harvest specifications for Pacific cod in the Central 
Regulatory Area of the GOA included in the final 2015 harvest 
specifications for groundfish in the GOA (80 FR 10250, February 25, 
2014) are revised as follows: 16,933 mt for catcher vessels using trawl 
gear and 14,660 mt for vessels 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 catcher 
vessels using trawl gear in the Central Regulatory Area of the GOA to 
vessels using pot

[[Page 77276]]

gear in the Central Regulatory Area of the GOA. Since the fishery is 
currently ongoing, 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 8, 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 9, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-31386 Filed 12-9-15; 4:15 pm]
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