[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67143-67144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28367]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170816769-8162-02]
RIN 0648-XG675
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 amounts of Pacific
cod total allowable catch (TAC) from vessels using jig gear, catcher/
processors using hook-and-line gear, and catcher vessels using trawl
gear to catcher vessels less than 50 feet length overall (LOA) using
hook-and-line gear, catcher vessels greater than or equal to 50 feet
LOA using hook-and-line gear, vessels using pot gear, and catcher/
processors using trawl gear in the Central Regulatory Area of the Gulf
of Alaska (GOA). This action is necessary to allow the 2018 TAC of
Pacific cod in the Central Regulatory Area of the GOA to be harvested.
DATES: Effective December 21, 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
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 2018 Pacific cod TAC apportioned to vessels using jig gear in
the Central Regulatory Area of the GOA is 61 metric tons (mt), as
established by the final 2018 and 2019 harvest specifications for
groundfish of the GOA (83 FR 8768, March 1, 2018). The Administrator,
Alaska Region, NMFS, (Regional Administrator) has determined that
vessels using jig gear will not be able to harvest 60 mt of the 2018
Pacific cod TAC allocated to those vessels under Sec.
679.20(a)(12)(i)(B).
The 2018 Pacific cod TAC apportioned to catcher/processors using
hook-and-line gear in the Central Regulatory Area of the GOA is 308 mt,
as established by the final 2018 and 2019 harvest specifications for
groundfish of the GOA (83 FR 8768, March 1, 2018). The Regional
Administrator has determined that catcher/processors using hook-and-
line gear will not be able to harvest 40 mt of the 2018 Pacific cod TAC
allocated to those vessels under Sec. 679.20(a)(12)(i)(B)(3).
The 2018 Pacific cod TAC apportioned to catcher vessels using trawl
gear in the Central Regulatory Area of the GOA is 2,275 mt, as
established by the final 2018 and 2019 harvest specifications for
groundfish of the GOA (83 FR 8768, March 1, 2018). The Regional
Administrator has determined that catcher vessels using trawl gear will
not be able to harvest 580
[[Page 67144]]
mt of the 2018 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 catcher vessels less than 50
feet LOA using hook-and-line gear, catcher vessels greater than or
equal to 50 feet LOA using hook-and-line gear, vessels using pot gear,
and catcher/processors using trawl gear currently have the capacity to
harvest this excess allocation. Therefore, NMFS apportions 60 mt of
Pacific cod from the jig vessel apportionment, 40 mt of Pacific cod
from the hook-and-line catcher/processor apportionment, and 580 mt of
Pacific cod from the trawl catcher vessel apportionment to catcher
vessels less than 50 feet LOA using hook-and-line gear, catcher vessels
greater than or equal to 50 feet LOA using hook-and-line gear, vessels
using pot gear, and catcher/processors using trawl gear in the Central
Regulatory Area of the GOA.
The harvest specifications for Pacific cod in the Central
Regulatory Area of the GOA included in the final 2018 and 2019 harvest
specifications for groundfish of the GOA (83 FR 8768, March 1, 2018)
are revised as follows: 268 mt to catcher/processors using hook-and-
line gear, 990 mt to catcher vessels less than 50 feet LOA using hook-
and-line gear, 416 mt to catcher vessels greater than or equal to 50
feet LOA using hook-and-line gear, 1 mt to vessels using jig gear,
1,787 mt to vessels using pot gear, 700 mt to catcher/processors using
trawl gear, and 1,695 mt to catcher vessels using trawl 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 in the Central Regulatory
Area of the GOA. 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 December 20, 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: December 21, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-28367 Filed 12-21-18; 4:15 pm]
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