[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Rules and Regulations]
[Pages 59588-59589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24153]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180831813-9170-02]
RIN 0648-XY053


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Western 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 catcher vessels using trawl gear 
to catcher vessels using hook-and-line gear, catcher/processors using 
trawl gear, vessels using jig gear, and vessels using pot gear in the 
Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to allow the 2019 TAC of Pacific cod in the Western 
Regulatory Area of the GOA to be harvested.

DATES: Effective November 1, 2019 through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2019.

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 2019 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 73 metric 
tons (mt) as established by the final 2019 and 2020 harvest 
specifications for groundfish of the GOA (84 FR 9416, March 14, 2019).
    The 2019 Pacific cod TAC specified for catcher/processors using 
trawl gear in the Western Regulatory Area of the GOA is 125 metric tons 
(mt) as established by the final 2019 and 2020 harvest specifications 
for groundfish of the GOA (84 FR 9416, March 14, 2019).
    The 2019 Pacific cod TAC specified for vessel using jig gear in the 
Western Regulatory Area of the GOA is 134 metric tons (mt) as 
established by the final 2019 and 2020 harvest specifications for 
groundfish of the GOA (84 FR 9416, March 14, 2019).
    The 2019 Pacific cod TAC specified for vessels using pot gear in 
the Western Regulatory Area of the GOA is 1,980 metric tons (mt) as 
established by the final 2019 and 2020 harvest specifications for 
groundfish of the GOA (84 FR 9416, March 14, 2019).
    The 2019 Pacific cod TAC apportioned to catcher vessels using trawl 
gear in the Western Regulatory Area of the GOA is 2,000 metric tons 
(mt), as established by the final 2019 and 2020 harvest specifications 
for groundfish of the GOA (84 FR 9416, March 14, 2019). The 
Administrator, Alaska Region, NMFS, (Regional Administrator) has 
determined that catcher vessels using trawl gear will not be able to 
harvest 330 mt of the 2019 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(12)(i)(A)(3).
    In accordance with Sec.  679.20(a)(12)(ii)(B), the Regional 
Administrator has also determined that catcher vessels using hook-and-
line

[[Page 59589]]

gear, catcher/processors using trawl gear, vessels using jig gear, and 
vessels using pot gear currently have the capacity to harvest this 
excess allocation. Therefore, NMFS apportions 330 mt of Pacific cod 
from the trawl catcher vessel apportionment to catcher vessels using 
hook-and-line gear, catcher/processors using trawl gear, vessels using 
jig gear, and vessels using pot gear in the Western Regulatory Area of 
the GOA.
    The harvest specifications for Pacific cod in the Western 
Regulatory Area of the GOA included in the final 2019 and 2020 harvest 
specifications for groundfish of the GOA (84 FR 9416, March 14, 2019) 
are revised as follows: 1,670 mt to catcher vessels using trawl gear, 
155 mt to catcher/processors using trawl gear, 108 mt to vessels using 
hook-and-line gear, 184 mt to vessels using jig gear, and 2,195 mt to 
vessels using 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 in the Western 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 October 28, 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: October 31, 2019.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-24153 Filed 10-31-19; 4:15 pm]
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