[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53076-53077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21018]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 121018563-3148-02]
RIN 0648-XC831
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 vessels using jig gear and catcher vessels greater than 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 2013 total allowable catch of
Pacific cod to be harvested.
DATES: Effective August 23, 2013, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2013.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
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 2013 Pacific cod total allowable catch (TAC) specified for
vessels using jig gear in the BSAI is 3,251 metric tons (mt) as
established by the final 2013 and 2014 harvest specifications for
groundfish in the BSAI (78 FR 13813, March 1, 2013). The Administrator,
Alaska Region, NMFS, (Regional Administrator) has determined that jig
vessels will not be able to harvest 2,500 mt of the remaining 2013
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 2,500 mt of Pacific cod to
catcher vessels less than 60 feet (18.3 meters(m)) LOA using hook-and-
line or pot gear.
The 2013 Pacific cod TAC specified for catcher vessels greater than
or equal to 60 feet LOA using hook-and-line gear in the BSAI is 463 mt
as established by the final 2013 and 2014 harvest specifications for
groundfish in the BSAI (78 FR 13813, March 1, 2013). 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 450
mt of the remaining 2013 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 450 mt of Pacific cod to catcher
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
The harvest specifications for Pacific cod included in the final
2013 harvest specifications for groundfish in the BSAI (78 FR 13813,
March 1, 2013) are revised as follows: 751 mt for vessels using jig
gear, 13 mt for catcher vessels greater than or equal to 60 feet (18.3
m) LOA using hook-and-line gear, and 7,577 mt to catcher vessels less
than 60 feet (18.3 m) 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 (18.3 m) LOA
[[Page 53077]]
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 21, 2013.
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 23, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-21018 Filed 8-23-13; 4:15 pm]
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