[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42227-42228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18014]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG428


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 total allowable catch (TAC) from vessels using jig gear and catcher 
vessels greater than or equal to 60 feet (18.3 meters (m)) length 
overall (LOA) using hook-and-line gear to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and 
Aleutian Islands management area. This action is necessary to allow the 
2018 TAC of Pacific cod to be harvested.

DATES: Effective August 16, 2018, through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2018.

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 2018 Pacific cod TAC specified for vessels using jig gear in 
the BSAI is 1,149 metric tons (mt) as established by the final 2018 and 
2019 harvest specifications for groundfish in the

[[Page 42228]]

BSAI (83 FR 8365, February 27, 2018) and inseason adjustment (83 FR 
2932, January 22, 2018).
    The 2018 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI 
is 363 mt as established by the final 2018 and 2019 harvest 
specifications for groundfish in the BSAI (83 FR 8365, February 27, 
2018).
    The 2018 Pacific cod TAC allocated to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 5,027 
mt as established by final 2018 and 2019 harvest specifications for 
groundfish in the BSAI (83 FR 8365, February 27, 2018) and inseason 
adjustment (83 FR 2932, January 22, 2018).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 900 mt of 
the 2018 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1). The Regional Administrator has determined that 
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using 
hook-and-line gear will not be able to harvest 363 mt of the 2018 
Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(3). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 900 mt of Pacific cod from the 
jig vessel apportionment to the annual amount specified for catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. 
Also, in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS apportions 
363 mt of Pacific cod from the catcher vessels greater than or equal to 
60 feet (18.3 m) LOA using hook-and-line gear apportionment to the 
annual amount specified for 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 final 2018 
and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, 
February 27, 2018) and inseason adjustment (83 FR 2932, January 22, 
2018) are revised as follows: 249 mt to the annual amount for vessels 
using jig gear, 0 mt to catcher vessels greater than or equal to 60 
feet (18.3 m) LOA using hook-and-line gear, and 6,290 mt to 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 jig vessels 
and catcher vessels greater than or equal to 60 feet (18.3 m) LOA using 
hook-and-line gear to catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or 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 August 15, 2018.
    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: August 16, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18014 Filed 8-16-18; 4:15 pm]
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