[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Rules and Regulations]
[Page 57491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20105]



[[Page 57491]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE827


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 amount of Pacific 
cod from vessels using jig gear and catcher vessels greater than or 
equal to 60 feet (18.3 meters) length overall (LOA) using hook-and-line 
gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook-
and-line or pot gear in the Bering Sea and Aleutian Islands management 
area. This action is necessary to allow the 2016 total allowable catch 
of Pacific cod to be harvested.

DATES: Effective August 22, 2016 through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2016 Pacific cod total allowable catch (TAC) specified for 
vessels using jig gear in the BSAI is 1,394 metric tons (mt) as 
established by the final 2016 and 2017 harvest specifications for 
groundfish in the BSAI (81 FR 14773, March 18, 2016) and one inseason 
adjustment (81 FR 5627, February 3, 2016).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 1,000 mt of 
the remaining 2016 Pacific cod TAC allocated to those vessels under 
Sec.  679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 1,000 mt of Pacific cod to the 
annual amount specified for catcher vessels less than 60 feet LOA using 
hook-and-line or pot gear.
    The 2016 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet LOA using hook-and-line gear in the BSAI is 448 mt 
as established by the final 2016 and 2017 harvest specifications for 
groundfish in the BSAI (81 FR 14773, March 18, 2016). The Regional 
Administrator has determined that catcher vessels greater than or equal 
to 60 feet LOA using hook-and-line gear will not be able to harvest 448 
mt of the remaining 2016 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(3). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 448 mt of Pacific cod to catcher 
vessels less than 60 feet LOA using hook-and-line or pot gear.
    The harvest specifications for Pacific cod included in the final 
2016 harvest specifications for groundfish in the BSAI (81 FR 14773, 
March 18, 2016) and inseason adjustment (81 FR 5627, February 3, 2016) 
are revised as follows: 394 mt for vessels using jig gear, 0 mt for 
catcher vessels greater than or equal to 60 feet LOA using hook-and-
line gear, and 7,674 mt to catcher vessels less than 60 feet LOA using 
hook-and-line or 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 other 
sectors to catcher vessels less than 60 feet LOA using hook-and-line or 
pot gear. Since the fishery is 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 August 17, 2016.
    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: August 18, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-20105 Filed 8-22-16; 8:45 am]
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