[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Rules and Regulations]
[Pages 59968-59969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24183]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02]
RIN 0648-XY052
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 trawl catcher vessels and vessels
using jig gear to catcher/processors using pot gear and catcher vessels
less than 60 feet (18.3 meters) 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 2019 TAC of Pacific cod to
be harvested.
DATES: Effective November 6, 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
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 34,660 metric tons (mt) as established by the final
2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR
9000, March 13, 2019), and two reallocations (84 FR 2068, February 6,
2019, 84 FR 43727, August 21, 2019).
The 2019 Pacific cod TAC specified for vessels using jig gear in
the BSAI is 559 mt as established by the final 2019 and 2020 harvest
specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019),
and two reallocations (84 FR 2068, February 6, 2019, 84 FR 43727,
August 21, 2019).
The 2019 Pacific cod TAC specified for catcher/processors using pot
gear in the BSAI is 2,410 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 6,235 mt as established by the final 2019 and 2020
harvest specifications for groundfish in the BSAI (84 FR 9000, March
13, 2019) and two reallocations (84 FR 2068, February 6, 2019, 84 FR
43727, August 21, 2019).
The Administrator, Alaska Region, NMFS, (Regional Administrator)
has determined that catcher vessels using trawl gear will not be able
to harvest 2,500 mt of the 2019 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(7)(ii)(A)(9) and jig vessels will not be
able to harvest 400 mt of the 2019 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(7)(ii)(A)(1).
Therefore, in accordance with Sec. 679.20(a)(7)(iii), NMFS
reallocates 2,500 mt from the trawl catcher vessel apportionment to the
annual amount specified for catcher/processors using pot gear and
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 400 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 two reallocations (84 FR 2068, February 6, 2019, 84
FR 43727, August 21, 2019) are revised as follows: 32,160 mt to catcher
vessels using trawl gear, 159 mt to vessels using jig gear, 2,745 mt to
catcher/processors using pot gear, and 8,800 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
[[Page 59969]]
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
notification providing time for public comment because the most recent,
relevant data only became available as of October 21, 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. 2019-24183 Filed 11-6-19; 8:45 am]
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