[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Page 95063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31155]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XF103


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Central Regulatory Area of the Gulf of Alaska

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 (GOA). This action is 
necessary to allow the 2016 total allowable catch of Pacific cod in the 
Central Regulatory Area of the GOA to be harvested.

DATES: Effective December 21, 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 
GOA 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.
    The 2016 Pacific cod total allowable catch (TAC) specified for 
catcher vessels using trawl gear in the Central Regulatory Area of the 
GOA is 15,226 metric tons (mt), as established by the final 2016 and 
2017 harvest specifications for groundfish in the GOA (81 FR 14740, 
March 18, 2016). The Administrator, Alaska Region, NMFS, (Regional 
Administrator) has determined that catcher vessels using trawl gear in 
the Central Regulatory Area of the GOA will not be able to harvest 
1,000 mt of the 2016 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 1,000 mt to vessels 
using pot gear.
    The harvest specifications for Pacific cod included in the final 
2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 
14740, March 18, 2016) and one reallocation (81 FR 15650, March 24, 
2016) are revised as follows: 14,226 mt to the annual amount for 
catcher vessels using trawl gear and 12,680 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 to vessels using 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 
December 21, 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: December 21, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-31155 Filed 12-21-16; 4:15 pm]
 BILLING CODE 3510-22-P