[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Rules and Regulations]
[Page 80290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32444]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE368


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 or equal to 60 feet (18.3 meters 
(m)) length overall (LOA) using pot gear and catcher vessels less than 
60 feet (18.3 m) LOA using hook-and-line or pot gear to catcher/
processors (C/Ps) using hook-and-line 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 1200 hours, Alaska local time (A.l.t.), December 21, 
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 
or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI is 13,641 
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, 80 FR 65971, 
October 28, 2015, and 80 FR 76250, December 8, 2015). The Regional 
Administrator has determined that catcher vessels greater than or equal 
to 60 feet (18.3 m) LOA using pot gear in the BSAI will not be able to 
harvest 1,750 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 less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 12,380 
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 51757, August 26, 2015, and 80 FR 57105, 
September 22, 2015). The Regional Administrator has determined that 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI will not be able to harvest 1,750 mt of the 
remaining 2015 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(2).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A) and Sec.  
679.20(a)(7)(iii)(C), NMFS reallocates 3,500 mt of Pacific cod to C/Ps 
using hook-and-line 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, and 80 FR 76250, December 8, 
2015) are revised as follows: 11,891 mt for catcher vessels greater 
than or equal to 60 feet (18.3 m) LOA using pot gear, 10,630 mt for 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear, and 118,871 mt for C/Ps using hook-and-line 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 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 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: December 21, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-32444 Filed 12-21-15; 4:15 pm]
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