[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Page 43727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18121]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
RIN 0648-XY006


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.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod total allowable catch (TAC) from trawl catcher vessels, vessels 
using jig gear, and catcher vessels greater than or equal to 60 feet 
(18.3 m) length overall (LOA) using hook-and-line gear to 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 2019 TAC of Pacific cod to be 
harvested.

DATES: Effective August 21, 2019, through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2019 Pacific cod TAC specified for catcher vessels using trawl 
gear in the BSAI is 35,660 metric tons (mt) as established by the final 
2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 
9000, March 13, 2019),
    The 2019 Pacific cod TAC specified for vessels using jig gear in 
the BSAI is 1,059 mt as established by the final 2019 and 2020 harvest 
specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019), 
and one reallocation (84 FR 2068, February 6, 2019).
    The 2019 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 321 mt as established by the final 2019 and 2020 harvest 
specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019).
    The 2019 Pacific cod TAC allocated to catcher vessels less than 60 
feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot 
gear in the BSAI is 4,414 mt as established by the final 2019 and 2020 
harvest specifications for groundfish in the BSAI (84 FR 9000, March 
13, 2019) and one reallocation (84 FR 2068, February 6, 2019).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels using trawl gear will not be able 
to harvest 1,000 mt of the 2019 Pacific cod TAC allocated to those 
vessels under Sec.  679.20(a)(7)(ii)(A)(9), jig vessels will not be 
able to harvest 500 mt of the 2019 Pacific cod TAC allocated to those 
vessels under Sec.  679.20(a)(7)(ii)(A)(1), and catcher vessels greater 
than or equal to 60 feet (18.3 m) LOA using hook-and-line gear will not 
be able to harvest 321 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 
reallocates 1,000 mt from the trawl catcher vessel apportionment and 
321 mt 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. Also, in accordance with Sec.  
679.20(a)(7)(iv)(C), NMFS reallocates 500 mt of Pacific cod from the 
jig 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 2019 
and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, 
March 13, 2019) and one reallocation (84 FR 2068, February 6, 2019 are 
revised as follows: 34,660 mt to catcher vessels using trawl gear, 559 
mt to 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 6,235 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 August 16, 2019.
    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 19, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-18121 Filed 8-21-19; 8:45 am]
BILLING CODE 3510-22-P