80_FR_76485 80 FR 76250 - Fisheries of the Exclusive Economic Zone off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

80 FR 76250 - 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 235 (December 8, 2015)

Page Range76250-76250
FR Document2015-30862

NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels greater than 60 feet (18.3 meters (m)) length overall (LOA) using pot gear, American Fisheries Act (AFA) trawl catcher processors (C/Ps), and catcher vessels using trawl gear to C/Ps using hook-and-line gear and C/Ps using 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 235 (Tuesday, December 8, 2015)
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Page 76250]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30862]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE342


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 amounts of Pacific 
cod from catcher vessels greater than 60 feet (18.3 meters (m)) length 
overall (LOA) using pot gear, American Fisheries Act (AFA) trawl 
catcher processors (C/Ps), and catcher vessels using trawl gear to C/Ps 
using hook-and-line gear and C/Ps using 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 December 3, 2015 through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2015.

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 2015 Pacific cod TAC specified for catcher vessels greater than 
60 feet (18.3 m) LOA using pot gear in the BSAI is 16,641 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 
reallocations (80 FR 57105, September 22, 2015 and 80 FR 65971, October 
28, 2015). The Regional Administrator has determined that catcher 
vessels greater than 60 feet (18.3 m) LOA using pot gear in the BSAI 
will not be able to harvest 3,000 mt of the remaining 2015 Pacific cod 
TAC allocated to those vessels under Sec.  679.20(a)(7)(ii)(A)(5).
    The 2015 Pacific cod TAC specified for catcher vessels using trawl 
gear in the BSAI is 39,354 mt as established by the final 2015 and 2016 
harvest specifications for groundfish in the BSAI (80 FR 11919, March 
5, 2015) and reallocations (80 FR 57105, September 22, 2015 and 80 FR 
65971, October 28, 2015). The Regional Administrator has determined 
that catcher vessels using trawl gear will not be able to harvest 1,500 
mt of the remaining 2015 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(9).
    The 2015 Pacific cod TAC specified for AFA trawl C/Ps in the BSAI 
is 4,623 mt as established by the final 2015 and 2016 harvest 
specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) 
and reallocations (80 FR 57105, September 22, 2015 and 80 FR 65971, 
October 28, 2015). The Regional Administrator has determined that AFA 
trawl C/Ps will not be able to harvest 800 mt of the remaining 2015 
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 5,300 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 
2015 harvest specifications for groundfish in the BSAI (80 FR 11919, 
March 5, 2015, 80 FR 51757, August 26, 2015, 80 FR 57105, September 22, 
2015 and 80 FR 65971, October 28, 2015) are revised as follows: 13,641 
mt for catcher vessels greater than 60 feet (18.3 m) LOA using pot 
gear, 37,854 mt for catcher vessels using trawl gear, 3,823 mt to AFA 
trawl C/Ps, 115,371 mt for C/Ps using hook-and-line, and 6,829 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 
December 1, 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: December 3, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-30862 Filed 12-3-15; 4:15 pm]
 BILLING CODE 3510-22-P



                                           76250            Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations

                                              Authority: 16 U.S.C. 1801, et seq.                   appear at subpart H of 50 CFR part 600                greater than 60 feet (18.3 m) LOA using
                                             Dated: December 3, 2015.                              and 50 CFR part 679.                                  pot gear, 37,854 mt for catcher vessels
                                           Alan D. Risenhoover,                                       The 2015 Pacific cod TAC specified                 using trawl gear, 3,823 mt to AFA trawl
                                           Director, Office of Sustainable Fisheries,              for catcher vessels greater than 60 feet              C/Ps, 115,371 mt for C/Ps using hook-
                                           National Marine Fisheries Service.                      (18.3 m) LOA using pot gear in the BSAI               and-line, and 6,829 mt for C/Ps using
                                           [FR Doc. 2015–30875 Filed 12–3–15; 4:15 pm]
                                                                                                   is 16,641 metric tons (mt) as established             pot gear.
                                                                                                   by the final 2015 and 2016 harvest
                                           BILLING CODE 3510–22–P                                                                                        Classification
                                                                                                   specifications for groundfish in the
                                                                                                   BSAI (80 FR 11919, March 5, 2015) and                    This action responds to the best
                                           DEPARTMENT OF COMMERCE                                  reallocations (80 FR 57105, September                 available information recently obtained
                                                                                                   22, 2015 and 80 FR 65971, October 28,                 from the fishery. The Assistant
                                           National Oceanic and Atmospheric                        2015). The Regional Administrator has                 Administrator for Fisheries, NOAA
                                           Administration                                          determined that catcher vessels greater               (AA), finds good cause to waive the
                                                                                                   than 60 feet (18.3 m) LOA using pot gear              requirement to provide prior notice and
                                           50 CFR Part 679                                         in the BSAI will not be able to harvest               opportunity for public comment
                                                                                                   3,000 mt of the remaining 2015 Pacific                pursuant to the authority set forth at 5
                                           [Docket No. 141021887–5172–02]                          cod TAC allocated to those vessels                    U.S.C. 553(b)(B) as such requirement is
                                           RIN 0648–XE342                                          under § 679.20(a)(7)(ii)(A)(5).                       impracticable and contrary to the public
                                                                                                      The 2015 Pacific cod TAC specified                 interest. This requirement is
                                           Fisheries of the Exclusive Economic                     for catcher vessels using trawl gear in               impracticable and contrary to the public
                                           Zone off Alaska; Reallocation of                        the BSAI is 39,354 mt as established by               interest as it would prevent NMFS from
                                           Pacific Cod in the Bering Sea and                       the final 2015 and 2016 harvest                       responding to the most recent fisheries
                                           Aleutian Islands Management Area                        specifications for groundfish in the                  data in a timely fashion and would
                                                                                                   BSAI (80 FR 11919, March 5, 2015) and                 delay the reallocation of Pacific cod
                                           AGENCY:  National Marine Fisheries
                                                                                                   reallocations (80 FR 57105, September                 specified from multiple sectors to C/Ps
                                           Service (NMFS), National Oceanic and
                                                                                                   22, 2015 and 80 FR 65971, October 28,                 using hook-and-line gear and C/Ps using
                                           Atmospheric Administration (NOAA),
                                                                                                   2015). The Regional Administrator has                 pot gear in the Bering Sea and Aleutian
                                           Commerce.
                                                                                                   determined that catcher vessels using                 Islands management area. Since these
                                           ACTION: Temporary rule; reallocation.                   trawl gear will not be able to harvest                fisheries are currently open, it is
                                                                                                   1,500 mt of the remaining 2015 Pacific                important to immediately inform the
                                           SUMMARY:    NMFS is reallocating the
                                                                                                   cod TAC allocated to those vessels                    industry as to the revised allocations.
                                           projected unused amounts of Pacific cod
                                                                                                   under § 679.20(a)(7)(ii)(A)(9).                       Immediate notification is necessary to
                                           from catcher vessels greater than 60 feet
                                                                                                      The 2015 Pacific cod TAC specified                 allow for the orderly conduct and
                                           (18.3 meters (m)) length overall (LOA)
                                                                                                   for AFA trawl C/Ps in the BSAI is 4,623               efficient operation of this fishery, to
                                           using pot gear, American Fisheries Act
                                                                                                   mt as established by the final 2015 and               allow the industry to plan for the fishing
                                           (AFA) trawl catcher processors (C/Ps),
                                                                                                   2016 harvest specifications for                       season, and to avoid potential
                                           and catcher vessels using trawl gear to
                                                                                                   groundfish in the BSAI (80 FR 11919,                  disruption to the fishing fleet as well as
                                           C/Ps using hook-and-line gear and C/Ps
                                                                                                   March 5, 2015) and reallocations (80 FR               processors. NMFS was unable to
                                           using pot gear in the Bering Sea and
                                                                                                   57105, September 22, 2015 and 80 FR                   publish a notice providing time for
                                           Aleutian Islands management area. This
                                                                                                   65971, October 28, 2015). The Regional                public comment because the most
                                           action is necessary to allow the 2015
                                                                                                   Administrator has determined that AFA                 recent, relevant data only became
                                           total allowable catch of Pacific cod to be
                                                                                                   trawl C/Ps will not be able to harvest                available as of December 1, 2015.
                                           harvested.
                                                                                                   800 mt of the remaining 2015 Pacific                     The AA also finds good cause to
                                           DATES: Effective December 3, 2015
                                                                                                   cod TAC allocated to those vessels                    waive the 30-day delay in the effective
                                           through 2400 hours, Alaska local time                   under § 679.20(a)(7)(ii)(A)(7).                       date of this action under 5 U.S.C.
                                           (A.l.t.), December 31, 2015.                               Therefore, in accordance with                      553(d)(3). This finding is based upon
                                           FOR FURTHER INFORMATION CONTACT: Josh                   § 679.20(a)(7)(iii)(A) and                            the reasons provided above for waiver of
                                           Keaton, 907–586–7228.                                   § 679.20(a)(7)(iii)(B), NMFS reallocates              prior notice and opportunity for public
                                           SUPPLEMENTARY INFORMATION: NMFS                         5,300 mt of Pacific cod to C/Ps using                 comment.
                                           manages the groundfish fishery in the                   hook-and-line gear and C/Ps using pot                    This action is required by § 679.20
                                           Bering Sea and Aleutian Islands (BSAI)                  gear in the Bering Sea and Aleutian                   and is exempt from review under
                                           according to the Fishery Management                     Islands management area.                              Executive Order 12866.
                                           Plan for Groundfish of the Bering Sea                      The harvest specifications for Pacific               Authority: 16 U.S.C. 1801 et seq.
                                           and Aleutian Islands Management Area                    cod included in the final 2015 harvest
                                           (FMP) prepared by the North Pacific                     specifications for groundfish in the                    Dated: December 3, 2015.
                                           Fishery Management Council under                        BSAI (80 FR 11919, March 5, 2015, 80                  Alan D. Risenhoover,
                                           authority of the Magnuson-Stevens                       FR 51757, August 26, 2015, 80 FR                      Director, Office of Sustainable Fisheries,
                                           Fishery Conservation and Management                     57105, September 22, 2015 and 80 FR                   National Marine Fisheries Service.
                                           Act. Regulations governing fishing by                   65971, October 28, 2015) are revised as               [FR Doc. 2015–30862 Filed 12–3–15; 4:15 pm]
                                           U.S. vessels in accordance with the FMP                 follows: 13,641 mt for catcher vessels                BILLING CODE 3510–22–P
Lhorne on DSK9F6TC42PROD with RULES




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Document Created: 2015-12-14 13:27:27
Document Modified: 2015-12-14 13:27:27
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 December 3, 2015 through 2400 hours, Alaska local time (A.l.t.), December 31, 2015.
ContactJosh Keaton, 907-586-7228.
FR Citation80 FR 76250 
RIN Number0648-XE34

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