[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Rules and Regulations]
[Pages 80006-80007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27419]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF032


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.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from catcher vessels using trawl gear and catcher vessels greater 
than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using 
pot gear to catcher processors (C/Ps) using hook-and-line gear and C/Ps 
using pot gear in the Bering Sea and Aleutian Islands (BSAI) management 
area. This action is necessary to allow the 2016 total allowable catch 
of Pacific cod to be harvested.

DATES: Effective November 9, 2016, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2016.

[[Page 80007]]


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 46,638 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 reallocations (81 FR 69445, October 6, 2016, 
81 FR 76530, November 3, 2016). The Regional Administrator has 
determined that catcher vessels using trawl gear will not be able to 
harvest 1,500 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 catcher vessels greater than 
or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI is 17,598 
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 greater than or equal to 60 feet (18.3 
m) LOA using pot gear will not be able to harvest 3,000 mt of the 
remaining 2016 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(5).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii), taking into 
account the capabilities of the sectors to harvest reallocated amounts 
of Pacific cod, and following the hierarchies set forth in Sec.  
679.20(a)(7)(iii)(A) and Sec.  679.20(a)(7)(iii)(B), NMFS reallocates 
4,500 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 
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, 81 FR 76530, November 
3, 2016) are revised as follows: 45,138 mt for catcher vessels using 
trawl gear, 14,598 for catcher vessels greater than or equal to 60 feet 
(18.3 m) LOA using pot gear, 111,783 for C/Ps using hook-and-line gear, 
and 6,607 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 
November 7, 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: November 9, 2016.
Tracey Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-27419 Filed 11-9-16; 4:15 pm]
 BILLING CODE 3510-22-P