80_FR_51922 80 FR 51757 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

80 FR 51757 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 165 (August 26, 2015)

Page Range51757-51757
FR Document2015-21137

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear and catcher vessels greater than or equal to 60 feet (18.3 meters) length overall (LOA) using hook-and-line gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook- and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2015 total allowable catch of Pacific cod to be harvested.

Federal Register, Volume 80 Issue 165 (Wednesday, August 26, 2015)
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Page 51757]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE139


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 vessels using jig gear and catcher vessels greater than or 
equal to 60 feet (18.3 meters) length overall (LOA) using hook-and-line 
gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook-
and-line or pot gear in the Bering Sea and Aleutian Islands management 
area. This action is necessary to allow the 2015 total allowable catch 
of Pacific cod to be harvested.

DATES: Effective August 21, 2015 through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2015 Pacific cod total allowable catch (TAC) specified for 
vessels using jig gear in the BSAI is 1,418 metric tons (mt) as 
established by the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015) and one inseason 
adjustment (80 FR 3496, January 23, 2015).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 1,318 mt of 
the remaining 2015 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)(A), NMFS apportions 1,318 mt of Pacific cod to the 
annual amount specified for catcher vessels less than 60 feet LOA using 
hook-and-line or pot gear.
    The 2015 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet LOA using hook-and-line gear in the BSAI is 444 mt 
as established by the final 2015 and 2016 harvest specifications for 
groundfish in the BSAI (80 FR 11919, March 5, 2015). The Regional 
Administrator has determined that catcher vessels greater than or equal 
to 60 feet LOA using hook-and-line gear will not be able to harvest 424 
mt of the remaining 2015 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(3). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 424 mt of Pacific cod to catcher 
vessels less than 60 feet LOA using hook-and-line or pot gear.
    The harvest specifications for Pacific cod included in the final 
2015 harvest specifications for groundfish in the BSAI (80 FR 11919, 
March 5, 2015) and inseason adjustment (80 FR 3496, January 23, 2015) 
are revised as follows: 100 mt for vessels using jig gear, 20 mt for 
catcher vessels greater than or equal to 60 feet LOA using hook-and-
line gear, and 7,880 mt to catcher vessels less than 60 feet 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 data in a timely fashion and 
would delay the reallocation of Pacific cod specified from other 
sectors to catcher vessels less than 60 feet 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 
notice providing time for public comment because the most recent, 
relevant data only became available as of August 20, 2015.
    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: August 21, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-21137 Filed 8-21-15; 4:15 pm]
BILLING CODE 3510-22-P



                                                              Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations                                            51757

                                             more than 10 percent greater than the                   DATES:   Effective August 21, 2015                    60 feet LOA using hook-and-line or pot
                                             baseline length overall of the transferor               through 2400 hours, Alaska local time                 gear.
                                             vessel. For the purposes of this program,               (A.l.t.), December 31, 2015.
                                             the baseline horsepower and length                                                                            Classification
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             overall are those associated with the                   Obren Davis, 907–586–7228.                               This action responds to the best
                                             permit as of January 29, 2004. Upon                     SUPPLEMENTARY INFORMATION: NMFS                       available information recently obtained
                                             approval of the transfer, the baseline of               manages the groundfish fishery in the                 from the fishery. The Assistant
                                             the transferee vessel would be the                      Bering Sea and Aleutian Islands (BSAI)                Administrator for Fisheries, NOAA
                                             smaller baseline of the two vessels or                  according to the Fishery Management                   (AA), finds good cause to waive the
                                             the vessel owner could choose to adopt                  Plan for Groundfish of the Bering Sea                 requirement to provide prior notice and
                                             the larger baseline of the two vessels                  and Aleutian Islands Management Area
                                             provided such an upgrade is consistent                                                                        opportunity for public comment
                                                                                                     (FMP) prepared by the North Pacific                   pursuant to the authority set forth at 5
                                             with provisions of this paragraph                       Fishery Management Council under
                                             (l)(1)(ii). A vessel that has executed a                                                                      U.S.C. 553(b)(B) as such requirement is
                                                                                                     authority of the Magnuson-Stevens                     impracticable and contrary to the public
                                             one-time downgrade of a DAS Leasing                     Fishery Conservation and Management
                                             Program baseline in accordance with                                                                           interest. This requirement is
                                                                                                     Act. Regulations governing fishing by
                                             paragraph (k)(4)(xi) of this section is                                                                       impracticable and contrary to the public
                                                                                                     U.S. vessels in accordance with the FMP
                                             subject to the restrictions of paragraph                                                                      interest as it would prevent NMFS from
                                                                                                     appear at subpart H of 50 CFR part 600
                                             (k)(4)(xi)(C) of this section.                                                                                responding to the most recent fisheries
                                                                                                     and 50 CFR part 679.
                                                (iii) The transferor vessel must                        The 2015 Pacific cod total allowable               data in a timely fashion and would
                                             transfer all of its Federal limited access              catch (TAC) specified for vessels using               delay the reallocation of Pacific cod
                                             permits for which it is eligible to the                 jig gear in the BSAI is 1,418 metric tons             specified from other sectors to catcher
                                             transferee vessel in accordance with the                (mt) as established by the final 2015 and             vessels less than 60 feet LOA using
                                             vessel replacement restrictions under                   2016 harvest specifications for                       hook-and-line or pot gear. Since the
                                             § 648.4, or permanently cancel such                     groundfish in the BSAI (80 FR 11919,                  fishery is currently open, it is important
                                             permits. When duplicate permits exist,                  March 5, 2015) and one inseason                       to immediately inform the industry as to
                                             i.e., those permits for which both the                  adjustment (80 FR 3496, January 23,                   the revised allocations. Immediate
                                             transferor and transferee vessel are                    2015).                                                notification is necessary to allow for the
                                             eligible, one of the duplicate permits                     The Administrator, Alaska Region,                  orderly conduct and efficient operation
                                             must be permanently cancelled.                          NMFS, (Regional Administrator) has                    of this fishery, to allow the industry to
                                             *       *     *    *      *                             determined that jig vessels will not be               plan for the fishing season, and to avoid
                                             [FR Doc. 2015–21143 Filed 8–25–15; 8:45 am]             able to harvest 1,318 mt of the                       potential disruption to the fishing fleet
                                             BILLING CODE 3510–22–P                                  remaining 2015 Pacific cod TAC                        as well as processors. NMFS was unable
                                                                                                     allocated to those vessels under                      to publish a notice providing time for
                                                                                                     § 679.20(a)(7)(ii)(A)(1). Therefore, in               public comment because the most
                                             DEPARTMENT OF COMMERCE                                  accordance with § 679.20(a)(7)(iii)(A),               recent, relevant data only became
                                                                                                     NMFS apportions 1,318 mt of Pacific                   available as of August 20, 2015.
                                             National Oceanic and Atmospheric                        cod to the annual amount specified for
                                             Administration                                          catcher vessels less than 60 feet LOA                    The AA also finds good cause to
                                                                                                     using hook-and-line or pot gear.                      waive the 30-day delay in the effective
                                             50 CFR Part 679                                            The 2015 Pacific cod TAC specified                 date of this action under 5 U.S.C.
                                             [Docket No. 141021887–5172–02]                          for catcher vessels greater than or equal             553(d)(3). This finding is based upon
                                                                                                     to 60 feet LOA using hook-and-line gear               the reasons provided above for waiver of
                                             RIN 0648–XE139                                          in the BSAI is 444 mt as established by               prior notice and opportunity for public
                                                                                                     the final 2015 and 2016 harvest                       comment.
                                             Fisheries of the Exclusive Economic
                                             Zone Off Alaska; Reallocation of                        specifications for groundfish in the                     This action is required by § 679.20
                                             Pacific Cod in the Bering Sea and                       BSAI (80 FR 11919, March 5, 2015). The                and is exempt from review under
                                             Aleutian Islands Management Area                        Regional Administrator has determined                 Executive Order 12866.
                                                                                                     that catcher vessels greater than or equal
                                             AGENCY:  National Marine Fisheries                      to 60 feet LOA using hook-and-line gear                 Authority: 16 U.S.C. 1801 et seq.
                                             Service (NMFS), National Oceanic and                    will not be able to harvest 424 mt of the               Dated: August 21, 2015.
                                             Atmospheric Administration (NOAA),                      remaining 2015 Pacific cod TAC                        Alan D. Risenhoover,
                                             Commerce.                                               allocated to those vessels under                      Director, Office of Sustainable Fisheries,
                                             ACTION: Temporary rule; reallocation.                   § 679.20(a)(7)(ii)(A)(3). Therefore, in               National Marine Fisheries Service.
                                                                                                     accordance with § 679.20(a)(7)(iii)(A),
                                                                                                                                                           [FR Doc. 2015–21137 Filed 8–21–15; 4:15 pm]
                                             SUMMARY:   NMFS is reallocating the                     NMFS apportions 424 mt of Pacific cod
                                                                                                                                                           BILLING CODE 3510–22–P
                                             projected unused amount of Pacific cod                  to catcher vessels less than 60 feet LOA
                                             from vessels using jig gear and catcher                 using hook-and-line or pot gear.
                                             vessels greater than or equal to 60 feet                   The harvest specifications for Pacific
                                             (18.3 meters) length overall (LOA) using                cod included in the final 2015 harvest
                                             hook-and-line gear to catcher vessels                   specifications for groundfish in the
                                             less than 60 feet (18.3 meters) LOA                     BSAI (80 FR 11919, March 5, 2015) and
rmajette on DSK7SPTVN1PROD with RULES




                                             using hook-and-line or pot gear in the                  inseason adjustment (80 FR 3496,
                                             Bering Sea and Aleutian Islands                         January 23, 2015) are revised as follows:
                                             management area. This action is                         100 mt for vessels using jig gear, 20 mt
                                             necessary to allow the 2015 total                       for catcher vessels greater than or equal
                                             allowable catch of Pacific cod to be                    to 60 feet LOA using hook-and-line gear,
                                             harvested.                                              and 7,880 mt to catcher vessels less than


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Document Created: 2015-12-15 10:58:39
Document Modified: 2015-12-15 10:58:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; reallocation.
DatesEffective August 21, 2015 through 2400 hours, Alaska local time (A.l.t.), December 31, 2015.
ContactObren Davis, 907-586-7228.
FR Citation80 FR 51757 
RIN Number0648-XE13

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