[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]
 BILLING CODE 3510-22-P