[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57162-57163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26044]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF859


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 trawl catcher vessels (3,083 metric tons (mt)), American 
Fisheries Act (AFA) trawl catcher/processors (205 mt), and jig vessels 
(94 mt) to hook-and-line catcher/processors (2,732 mt) and pot catcher/
processors (650 mt) in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to allow the 2017 total allowable 
catch of Pacific cod to be harvested.

DATES: Effective November 29, 2017through 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) in the BSAI 
specified for trawl catcher is 47,246 metric tons (mt),

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for AFA trawl catcher/processors is 4,917 mt, and for jig vessels is 
107 mt as established by the final 2017 and 2018 harvest specifications 
for groundfish in the BSAI (82 FR 11826, February 27, 2017) and 
reallocations (82 FR 47162, October 11, 2017, 82 FR 43503, September 
18, 2017 and 82 FR 41899, September 5, 2017). The Administrator, Alaska 
Region, NMFS, (Regional Administrator) has determined that trawl 
catcher vessels will not be able to harvest 3,083 mt of the remaining 
2017 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(9), The Regional Administrator has determined that 
AFA trawl catcher/processors will not be able to harvest 205 mt of the 
remaining 2017 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(7). The Regional Administrator has determined that 
jig vessels will not be able to harvest 94 mt of the remaining 2017 
Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1).
    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 
2,732 mt of Pacific cod to hook-and-line catcher/processors and 650 mt 
to pot catcher/processors.
    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: 
44,163 mt for trawl catcher vessels, 4,712 for AFA trawl catcher/
processors, 13 mt for jig vessels, 106,444 mt for hook-and-line 
catcher/processors, and 4,844 mt pot catcher/processors.

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 trawl 
catcher vessels, AFA catcher/processors, and jig gear to hook-and-line 
catcher/processors and pot catcher/processors in the BSAI management 
area. Since most of 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 21, 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: November 29, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-26044 Filed 11-29-17; 4:15 pm]
 BILLING CODE 3510-22-P