[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56740-56741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24824]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG591


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, trawl 
catcher vessels, and American Fisheries Act (AFA) catcher/processors to 
catcher vessels less than 60 feet (18.3 m) length overall (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 November 13, 2018, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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 249 metric tons (mt) as established by the final 2018 and 
2019 harvest specifications for groundfish in the BSAI (83 FR 8365, 
February 27, 2018) and reallocation (83 FR 42227, August 21, 2018).
    The 2018 Pacific cod TAC specified for trawl catcher vessels in the 
BSAI is 40,227 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 specified for AFA catcher/processors in 
the BSAI is 4,186 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 6,290 
mt as established by final 2018 and 2019 harvest specifications for 
groundfish in the BSAI (83 FR 8365, February 27, 2018) and reallocation 
(83 FR 42227, August 21, 2018).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 100 mt of 
the 2018 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1), the trawl catcher vessels will not be able to 
harvest 2,200 mt of the 2018 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(9), and the AFA catcher/processors will 
not be able to harvest 158 mt of the 2018 Pacific cod TAC allocated to 
those vessels under Sec.  679.20(a)(7)(ii)(A)(7). Therefore, in 
accordance with Sec.  679.20(a)(7)(iii)(A), NMFS apportions 100 mt of 
Pacific cod from the jig vessel apportionment, 2,200 mt of Pacific cod 
from the trawl catcher vessel apportionment, and 158 mt of Pacific cod 
from the AFA catcher/processor 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 reallocations (83 FR 
42227, August 21, 2018) are revised as follows: 149 mt to the annual 
amount for vessels using

[[Page 56741]]

jig gear, 38,027 mt to trawl catcher vessels, 4,028 mt to AFA catcher/
processors, and 8,748 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 reallocations of Pacific cod 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 November 7, 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: November 8, 2018.
 Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-24824 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-22-P