[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Rules and Regulations]
[Pages 72534-72535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210210-0018; RTID 0648-XB656]


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 catcher vessels using trawl gear 
to catcher/processors using trawl gear in the Central Regulatory Area 
of the Gulf of Alaska (GOA). This action is necessary to allow the 2021 
TAC of Pacific cod in the Central Regulatory Area of the GOA to be 
harvested.

DATES: Effective December 21, 2021, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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.

[[Page 72535]]

    The 2021 Pacific cod TAC apportioned to catcher vessels using trawl 
gear in the Central Regulatory Area of the GOA is 3,826 mt, as 
established by the final 2021 and 2022 harvest specifications for 
groundfish of the GOA (86 FR 10184, February 19, 2021).
    The 2021 Pacific cod TAC specified for catcher/processors using 
trawl gear in the Central Regulatory Area of the GOA is 426 mt as 
established by the final 2021 and 2022 harvest specifications for 
groundfish of the GOA (86 FR 10184, February 19, 2021).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels using trawl gear will not be able 
to use 426 mt of the 2020 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/processors using trawl 
gear currently have the capacity to harvest this excess allocation. 
Therefore, NMFS apportions 435 mt of Pacific cod from the catcher 
vessels using trawl gear to 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 2021 and 2022 harvest 
specifications for groundfish of the GOA (86 FR 10184, February 19, 
2021) are revised as follows: 3,391 to catcher vessels using trawl gear 
and 861 mt to catcher/processors using trawl gear.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be 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 reallocation of Pacific 
cod in the Central Regulatory Area of the GOA. NMFS was unable to 
publish a document providing time for public comment because the most 
recent, relevant data only became available as of December 9, 2021.
    The Assistant Administrator for Fisheries, NOAA 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.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 16, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-27648 Filed 12-21-21; 8:45 am]
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