Federal Register, Volume 81 Issue 220 (Tuesday, November 15, 2016)
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Rules and Regulations]
[Pages 80006-80007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27419]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150916863-6211-02]
RIN 0648-XF032
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 from catcher vessels using trawl gear and catcher vessels greater
than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using
pot gear to catcher processors (C/Ps) using hook-and-line gear and C/Ps
using pot gear in the Bering Sea and Aleutian Islands (BSAI) management
area. This action is necessary to allow the 2016 total allowable catch
of Pacific cod to be harvested.
DATES: Effective November 9, 2016, through 2400 hours, Alaska local
time (A.l.t.), December 31, 2016.
[[Page 80007]]
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 2016 Pacific cod TAC specified for catcher vessels using trawl
gear in the BSAI is 46,638 metric tons (mt) as established by the final
2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR
14773, March 18, 2016) and reallocations (81 FR 69445, October 6, 2016,
81 FR 76530, November 3, 2016). The Regional Administrator has
determined that catcher vessels using trawl gear will not be able to
harvest 1,500 mt of the remaining 2016 Pacific cod TAC allocated to
those vessels under Sec. 679.20(a)(7)(ii)(A)(9).
The 2016 Pacific cod TAC specified for catcher vessels greater than
or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI is 17,598
mt as established by the final 2016 and 2017 harvest specifications for
groundfish of the BSAI (81 FR 14773, March 18, 2016) and reallocation
(81 FR 69445, October 6, 2016). The Regional Administrator has
determined that catcher vessels greater than or equal to 60 feet (18.3
m) LOA using pot gear will not be able to harvest 3,000 mt of the
remaining 2016 Pacific cod TAC allocated to those vessels under Sec.
679.20(a)(7)(ii)(A)(5).
Therefore, in accordance with Sec. 679.20(a)(7)(iii), taking into
account the capabilities of the sectors to harvest reallocated amounts
of Pacific cod, and following the hierarchies set forth in Sec.
679.20(a)(7)(iii)(A) and Sec. 679.20(a)(7)(iii)(B), NMFS reallocates
4,500 mt of Pacific cod to C/Ps using hook-and-line gear and C/Ps using
pot gear in the Bering Sea and Aleutian Islands management area.
The harvest specifications for Pacific cod included in the final
2016 and 2017 harvest specifications for groundfish of the BSAI (81 FR
14773, March 18, 2016, 81 FR 57491, August 23, 2016, 81 FR 61143,
September 6, 2016, 81 FR 69445, October 6, 2016, 81 FR 76530, November
3, 2016) are revised as follows: 45,138 mt for catcher vessels using
trawl gear, 14,598 for catcher vessels greater than or equal to 60 feet
(18.3 m) LOA using pot gear, 111,783 for C/Ps using hook-and-line gear,
and 6,607 mt for C/Ps 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 reallocation of Pacific cod specified from multiple
sectors to C/Ps using hook-and-line gear and C/Ps using pot gear in the
Bering Sea and Aleutian Islands management area. Since these fisheries
are 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
November 7, 2016.
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: November 9, 2016.
Tracey Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-27419 Filed 11-9-16; 4:15 pm]
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