[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29671-29672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12654]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA442
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 trawl gear to catcher vessels less than 60 feet
(18.3 meters) length overall using hook-and-line or pot gear in the
Bering Sea and Aleutian Islands management area. This action is
necessary to allow the 2011 total allowable catch of Pacific cod to be
harvested.
DATES: Effective May 18, 2011, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2011.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
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 B season apportionment of the 2011 Pacific cod total allowable
catch (TAC) specified for vessels using trawl gear in the Bering Sea
and Aleutian Islands management area (BSAI) is 4,949 metric tons (mt)
for the period 1200 hrs, A.l.t., April 1, 2011, through 1200 hrs,
A.l.t., June 10, 2011, as established by the final 2011 and 2012
harvest specifications for groundfish in the BSAI (76 FR 11139, March
1, 2011).
The Administrator, Alaska Region, NMFS, has determined that trawl
catcher vessels will not be able to harvest 1,300 mt of the B season
apportionment of the 2011 Pacific cod TAC allocated to those vessels
under Sec. 679.20(a)(7)(ii)(A)(9). Therefore, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS apportions 1,300 mt of Pacific cod from the
B season trawl catcher vessel apportionment to catcher vessels less
than 60 feet length overall (LOA) using hook-and-line or pot gear.
The harvest specifications for Pacific cod included in the final
2011 harvest specifications for groundfish in the BSAI (76 FR 11139,
March 1, 2011) are revised as follows: 3,649 mt to the B season
apportionment for catcher vessels using trawl gear and 7,505 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 trawl
catcher vessels 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
[[Page 29672]]
public comment because the most recent, relevant data only became
available as of May 17, 2011.
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: May 18, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-12654 Filed 5-19-11; 11:15 am]
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