80_FR_80537 80 FR 80290 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

80 FR 80290 - 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 247 (December 24, 2015)

Page Range80290-80290
FR Document2015-32444

NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear and catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear to catcher/ processors (C/Ps) using hook-and-line 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 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Rules and Regulations]
[Page 80290]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32444]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 141021887-5172-02]
RIN 0648-XE368


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 or equal to 60 feet (18.3 meters 
(m)) length overall (LOA) using pot gear and catcher vessels less than 
60 feet (18.3 m) LOA using hook-and-line or pot gear to catcher/
processors (C/Ps) using hook-and-line 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 1200 hours, Alaska local time (A.l.t.), December 21, 
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 
or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI is 13,641 
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, 80 FR 65971, 
October 28, 2015, and 80 FR 76250, December 8, 2015). The Regional 
Administrator has determined that catcher vessels greater than or equal 
to 60 feet (18.3 m) LOA using pot gear in the BSAI will not be able to 
harvest 1,750 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 less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 12,380 
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 51757, August 26, 2015, and 80 FR 57105, 
September 22, 2015). The Regional Administrator has determined that 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI will not be able to harvest 1,750 mt of the 
remaining 2015 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(2).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A) and Sec.  
679.20(a)(7)(iii)(C), NMFS reallocates 3,500 mt of Pacific cod to C/Ps 
using hook-and-line 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, and 80 FR 76250, December 8, 
2015) are revised as follows: 11,891 mt for catcher vessels greater 
than or equal to 60 feet (18.3 m) LOA using pot gear, 10,630 mt for 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear, and 118,871 mt for C/Ps using hook-and-line 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 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 15, 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 21, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-32444 Filed 12-21-15; 4:15 pm]
BILLING CODE 3510-22-P



                                            80290            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations

                                            which to present the party’s or person’s                 SUPPLEMENTARY INFORMATION:      NMFS                  76250, December 8, 2015) are revised as
                                            position.                                                manages the groundfish fishery in the                 follows: 11,891 mt for catcher vessels
                                                                                                     Bering Sea and Aleutian Islands (BSAI)                greater than or equal to 60 feet (18.3 m)
                                            § 845.33   Investigation to remain open.                 according to the Fishery Management                   LOA using pot gear, 10,630 mt for
                                              The Board never officially closes an                   Plan for Groundfish of the Bering Sea                 catcher vessels less than 60 feet (18.3 m)
                                            investigation, but provides for the                      and Aleutian Islands Management Area                  LOA using hook-and-line or pot gear,
                                            submission of new and pertinent                          (FMP) prepared by the North Pacific                   and 118,871 mt for C/Ps using hook-
                                            evidence by any interested person. If the                Fishery Management Council under                      and-line gear.
                                            Board finds such evidence is relevant                    authority of the Magnuson-Stevens
                                            and probative, the evidence shall be                     Fishery Conservation and Management                   Classification
                                            made a part of the public docket and,                    Act. Regulations governing fishing by                    This action responds to the best
                                            where appropriate, the Board will                        U.S. vessels in accordance with the FMP               available information recently obtained
                                            provide parties an opportunity to                        appear at subpart H of 50 CFR part 600                from the fishery. The Assistant
                                            examine such evidence and to comment                     and 50 CFR part 679.                                  Administrator for Fisheries, NOAA
                                            thereon.                                                   The 2015 Pacific cod TAC specified                  (AA), finds good cause to waive the
                                                                                                     for catcher vessels greater than or equal             requirement to provide prior notice and
                                            Christopher A. Hart,
                                                                                                     to 60 feet (18.3 m) LOA using pot gear                opportunity for public comment
                                            Chairman.                                                in the BSAI is 13,641 metric tons (mt)
                                            [FR Doc. 2015–32264 Filed 12–23–15; 8:45 am]
                                                                                                                                                           pursuant to the authority set forth at 5
                                                                                                     as established by the final 2015 and                  U.S.C. 553(b)(B) as such requirement is
                                            BILLING CODE 7533–01–P                                   2016 harvest specifications for                       impracticable and contrary to the public
                                                                                                     groundfish in the BSAI (80 FR 11919,                  interest. This requirement is
                                                                                                     March 5, 2015) and reallocations (80 FR               impracticable and contrary to the public
                                            DEPARTMENT OF COMMERCE                                   57105, September 22, 2015, 80 FR                      interest as it would prevent NMFS from
                                                                                                     65971, October 28, 2015, and 80 FR                    responding to the most recent fisheries
                                            National Oceanic and Atmospheric                         76250, December 8, 2015). The Regional                data in a timely fashion and would
                                            Administration                                           Administrator has determined that                     delay the reallocation of Pacific cod
                                                                                                     catcher vessels greater than or equal to              specified from multiple sectors to C/Ps
                                            50 CFR Part 679                                          60 feet (18.3 m) LOA using pot gear in                using hook-and-line gear in the Bering
                                                                                                     the BSAI will not be able to harvest                  Sea and Aleutian Islands management
                                            [Docket No. 141021887–5172–02]
                                                                                                     1,750 mt of the remaining 2015 Pacific                area. Since these fisheries are currently
                                            RIN 0648–XE368                                           cod TAC allocated to those vessels                    open, it is important to immediately
                                                                                                     under § 679.20(a)(7)(ii)(A)(5).                       inform the industry as to the revised
                                            Fisheries of the Exclusive Economic                        The 2015 Pacific cod TAC specified
                                                                                                                                                           allocations. Immediate notification is
                                            Zone Off Alaska; Reallocation of                         for catcher vessels less than 60 feet (18.3
                                                                                                                                                           necessary to allow for the orderly
                                            Pacific Cod in the Bering Sea and                        m) LOA using hook-and-line or pot gear
                                                                                                                                                           conduct and efficient operation of this
                                            Aleutian Islands Management Area                         in the BSAI is 12,380 metric tons (mt)
                                                                                                                                                           fishery, to allow the industry to plan for
                                                                                                     as established by the final 2015 and
                                            AGENCY:  National Marine Fisheries                                                                             the fishing season, and to avoid
                                                                                                     2016 harvest specifications for
                                            Service (NMFS), National Oceanic and                                                                           potential disruption to the fishing fleet
                                                                                                     groundfish in the BSAI (80 FR 11919,
                                            Atmospheric Administration (NOAA),                                                                             as well as processors. NMFS was unable
                                                                                                     March 5, 2015) and reallocations (80 FR
                                            Commerce.                                                                                                      to publish a notice providing time for
                                                                                                     51757, August 26, 2015, and 80 FR
                                            ACTION: Temporary rule; reallocation.                                                                          public comment because the most
                                                                                                     57105, September 22, 2015). The
                                                                                                                                                           recent, relevant data only became
                                                        NMFS is reallocating the                     Regional Administrator has determined
                                            SUMMARY:                                                                                                       available as of December 15, 2015.
                                            projected unused amounts of Pacific cod                  that catcher vessels less than 60 feet
                                                                                                     (18.3 m) LOA using hook-and-line or                      The AA also finds good cause to
                                            from catcher vessels greater than or                                                                           waive the 30-day delay in the effective
                                            equal to 60 feet (18.3 meters (m)) length                pot gear in the BSAI will not be able to
                                                                                                     harvest 1,750 mt of the remaining 2015                date of this action under 5 U.S.C.
                                            overall (LOA) using pot gear and catcher                                                                       553(d)(3). This finding is based upon
                                            vessels less than 60 feet (18.3 m) LOA                   Pacific cod TAC allocated to those
                                                                                                     vessels under § 679.20(a)(7)(ii)(A)(2).               the reasons provided above for waiver of
                                            using hook-and-line or pot gear to                                                                             prior notice and opportunity for public
                                                                                                       Therefore, in accordance with
                                            catcher/processors (C/Ps) using hook-                                                                          comment.
                                                                                                     § 679.20(a)(7)(iii)(A) and
                                            and-line gear in the Bering Sea and
                                                                                                     § 679.20(a)(7)(iii)(C), NMFS reallocates                 This action is required by § 679.20
                                            Aleutian Islands management area. This
                                                                                                     3,500 mt of Pacific cod to C/Ps using                 and is exempt from review under
                                            action is necessary to allow the 2015
                                                                                                     hook-and-line gear in the Bering Sea                  Executive Order 12866.
                                            total allowable catch of Pacific cod to be
                                                                                                     and Aleutian Islands management area.                   Authority: 16 U.S.C. 1801 et seq.
                                            harvested.                                                 The harvest specifications for Pacific
                                            DATES: Effective 1200 hours, Alaska                      cod included in the final 2015 harvest                  Dated: December 21, 2015.
                                            local time (A.l.t.), December 21, 2015,                  specifications for groundfish in the                  Alan D. Risenhoover,
                                            through 2400 hours, Alaska local time                    BSAI (80 FR 11919, March 5, 2015, 80                  Director, Office of Sustainable Fisheries,
                                            (A.l.t.), December 31, 2015.                             FR 51757, August 26, 2015, 80 FR                      National Marine Fisheries Service.
                                            FOR FURTHER INFORMATION CONTACT: Josh                    57105, September 22, 2015 and 80 FR                   [FR Doc. 2015–32444 Filed 12–21–15; 4:15 pm]
                                            Keaton, 907–586–7228.                                    65971, October 28, 2015, and 80 FR                    BILLING CODE 3510–22–P
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Document Created: 2015-12-24 02:24:59
Document Modified: 2015-12-24 02:24:59
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 1200 hours, Alaska local time (A.l.t.), December 21, 2015, through 2400 hours, Alaska local time (A.l.t.), December 31, 2015.
ContactJosh Keaton, 907-586-7228.
FR Citation80 FR 80290 
RIN Number0648-XE36

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