[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47162-47163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22073]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF732


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

[[Page 47163]]

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 equal to or greater than 60 feet (18.3 meters) 
length overall (LOA) using pot gear to catcher/processors using pot 
gear and 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 2017 total 
allowable catch of Pacific cod to be harvested.

DATES: Effective October 6, 2017, through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2017.

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 2017 Pacific cod total allowable catch (TAC) specified for 
catcher vessels greater than or equal to 60 feet LOA using pot gear in 
the BSAI is 17,889 metric tons (mt) as established by the final 2017 
and 2018 harvest specifications for groundfish in the BSAI (82 FR 
11826, February 27, 2017).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels greater than or equal to 60 feet 
LOA using pot gear will not be able to harvest 2,500 mt of the 
remaining 2017 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 1,000 mt of Pacific cod to C/Ps 
using pot gear and 1,500 mt to catcher vessels less than 60 feet (18.3 
m) LOA using hook-and-line or pot gear.
    The harvest specifications for Pacific cod included in the final 
2017 harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017) and two inseason adjustments (82 FR 8905, February 
1, 2017 and 82 FR 41899, September 5, 2017) are revised as follows: 
15,389 mt for catcher vessels greater than or equal to 60 feet (18.3 m) 
LOA using pot gear, 4,194 mt for C/Ps using pot gear, and 9,071 mt for 
catcher vessels less than 60 feet (18.3 m) 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 catcher 
vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear to 
C/Ps using pot gear and catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or pot gear in the BSAI 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 September 28, 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: October 6, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-22073 Filed 10-6-17; 4:15 pm]
 BILLING CODE 3510-22-P