[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Rules and Regulations]
[Page 16306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06644]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160920866-7167-02]
RIN 0648-XF332


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 A season apportionment of the 2017 total 
allowable catch of Pacific cod to be harvested.

DATES: Effective March 31, 2017 through 1200 hours, Alaska local time 
(A.l.t.), June 10, 2017.

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 A season allowance of the 2017 Pacific cod total allowable 
catch (TAC) apportioned to catcher vessels using trawl gear in the 
Central Regulatory Area of the GOA is 6,933 metric tons (mt), as 
established by the final 2017 and 2018 harvest specifications for 
groundfish of the GOA (82 FR 12032, February 27, 2017).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels using trawl gear will not be able 
to harvest 1,500 mt of the A season apportionment of the 2017 Pacific 
cod TAC allocated to those vessels under Sec.  679.20(a)(12)(i)(B)(4). 
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 1,500 mt to vessels 
using pot gear. Therefore, NMFS apportions 1,500 mt of Pacific cod from 
the A season apportionments for catcher vessels using trawl gear to 
vessels using pot gear in the Central Regulatory Area of the GOA.
    The harvest specifications for Pacific cod included in the final 
2017 and 2018 harvest specifications for groundfish of the GOA (82 FR 
12032, February 26, 2017) are revised as follows: 5,433 mt to the A 
season apportionment and 12,141 mt to the annual amount for catcher 
vessels using trawl gear and 7,349 mt to the A season apportionment and 
10,621 mt to the annual amount to vessels using pot gear.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Acting 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 March 29, 2017.
    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: March 30, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-06644 Filed 3-30-17; 4:15 pm]
 BILLING CODE 3510-22-P