Federal Register, Volume 81 Issue 213 (Thursday, November 3, 2016)
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Rules and Regulations]
[Pages 76530-76531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26504]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150916863-6211-02]
RIN 0648-XF012
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 American Fisheries Act
(AFA) trawl catcher processors (C/Ps) to catcher vessels less than 60
feet (18.3 meters (m)) LOA using hook-and-line or pot gear, C/Ps using
hook-and-line gear, and Amendment 80 (A80) C/Ps in the Bering Sea and
Aleutian Islands (BSAI) management area. This action is necessary to
allow the 2016 total allowable catch (TAC) of Pacific cod to be
harvested.
[[Page 76531]]
DATES: Effective upon November 2, 2016 through 2400 hours, Alaska local
time (A.l.t.), December 31, 2016.
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 48,638 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 reallocation (81 FR 69445; October 6, 2016).
The Regional Administrator has determined that catcher vessels using
trawl gear will not be able to harvest 2,000 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 AFA trawl C/Ps in the BSAI
is 4,666 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 61143; September 6, 2016). The Regional
Administrator has determined that AFA trawl C/Ps will not be able to
harvest 850 mt of the remaining 2016 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(7)(ii)(A)(7).
Therefore, in accordance with Sec. 679.20(a)(7)(iii)(A) and Sec.
679.20(a)(7)(iii)(B), NMFS reallocates 2,850 mt of Pacific cod to
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or
pot gear, C/Ps using hook-and-line gear, and A80 C/Ps 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) are revised as
follows: 46,638 mt for catcher vessels using trawl gear, 3,816 mt for
AFA trawl C/Ps, 10,674 for catcher vessels less than 60 feet (18.3 m)
LOA using hook-and-line or pot gear, 109,533 for C/Ps using hook-and-
line gear, and 31,397 mt for A80 C/Ps.
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 catcher vessels less than 60 feet (18.3 m) LOA using hook-
and-line or pot gear, C/Ps using hook-and-line gear, and A80 C/Ps 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 October 27, 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: October 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-26504 Filed 11-2-16; 8:45 am]
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