[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Rules and Regulations]
[Pages 76530-76531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26504]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF012


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 catcher vessels using trawl gear and American Fisheries Act 
(AFA) trawl catcher processors (C/Ps) to catcher vessels less than 60 
feet (18.3 meters (m)) LOA using hook-and-line or pot gear, C/Ps using 
hook-and-line gear, and Amendment 80 (A80) C/Ps in the Bering Sea and 
Aleutian Islands (BSAI) management area. This action is necessary to 
allow the 2016 total allowable catch (TAC) of Pacific cod to be 
harvested.

[[Page 76531]]


DATES: Effective upon November 2, 2016 through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2016.

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 2016 Pacific cod TAC specified for catcher vessels using trawl 
gear in the BSAI is 48,638 metric tons(mt) as established by the final 
2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR 
14773; March 18, 2016) and reallocation (81 FR 69445; October 6, 2016). 
The Regional Administrator has determined that catcher vessels using 
trawl gear will not be able to harvest 2,000 mt of the remaining 2016 
Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(9).
    The 2016 Pacific cod TAC specified for AFA trawl C/Ps in the BSAI 
is 4,666 mt as established by the final 2016 and 2017 harvest 
specifications for groundfish of the BSAI (81 FR 14773; March 18, 2016) 
and reallocation (81 FR 61143; September 6, 2016). The Regional 
Administrator has determined that AFA trawl C/Ps will not be able to 
harvest 850 mt of the remaining 2016 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 2,850 mt of Pacific cod to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear, C/Ps using hook-and-line gear, and A80 C/Ps in the Bering Sea 
and Aleutian Islands management area.
    The harvest specifications for Pacific cod included in the final 
2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR 
14773; March 18, 2016, 81 FR 57491; August 23, 2016, 81 FR 61143; 
September 6, 2016, 81 FR 69445; October 6, 2016) are revised as 
follows: 46,638 mt for catcher vessels using trawl gear, 3,816 mt for 
AFA trawl C/Ps, 10,674 for catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear, 109,533 for C/Ps using hook-and-
line gear, and 31,397 mt for A80 C/Ps.

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 catcher vessels less than 60 feet (18.3 m) LOA using hook-
and-line or pot gear, C/Ps using hook-and-line gear, and A80 C/Ps 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 27, 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: October 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-26504 Filed 11-2-16; 8:45 am]
 BILLING CODE 3510-22-P