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[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67143-67144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28367]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG675

Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Central Regulatory Area of the Gulf of Alaska

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 total allowable catch (TAC) from vessels using jig gear, catcher/
processors using hook-and-line gear, and catcher vessels using trawl 
gear to catcher vessels less than 50 feet length overall (LOA) using 
hook-and-line gear, catcher vessels greater than or equal to 50 feet 
LOA using hook-and-line gear, vessels using pot gear, and catcher/
processors using trawl gear in the Central Regulatory Area of the Gulf 
of Alaska (GOA). This action is necessary to allow the 2018 TAC of 
Pacific cod in the Central Regulatory Area of the GOA to be harvested.

DATES: Effective December 21, 2018 through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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 2018 Pacific cod TAC apportioned to vessels using jig gear in 
the Central Regulatory Area of the GOA is 61 metric tons (mt), as 
established by the final 2018 and 2019 harvest specifications for 
groundfish of the GOA (83 FR 8768, March 1, 2018). The Administrator, 
Alaska Region, NMFS, (Regional Administrator) has determined that 
vessels using jig gear will not be able to harvest 60 mt of the 2018 
Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(12)(i)(B).
    The 2018 Pacific cod TAC apportioned to catcher/processors using 
hook-and-line gear in the Central Regulatory Area of the GOA is 308 mt, 
as established by the final 2018 and 2019 harvest specifications for 
groundfish of the GOA (83 FR 8768, March 1, 2018). The Regional 
Administrator has determined that catcher/processors using hook-and-
line gear will not be able to harvest 40 mt of the 2018 Pacific cod TAC 
allocated to those vessels under Sec.  679.20(a)(12)(i)(B)(3).
    The 2018 Pacific cod TAC apportioned to catcher vessels using trawl 
gear in the Central Regulatory Area of the GOA is 2,275 mt, as 
established by the final 2018 and 2019 harvest specifications for 
groundfish of the GOA (83 FR 8768, March 1, 2018). The Regional 
Administrator has determined that catcher vessels using trawl gear will 
not be able to harvest 580

[[Page 67144]]

mt of the 2018 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(12)(i)(B)(4).
    In accordance with Sec.  679.20(a)(12)(ii)(B), the Regional 
Administrator has also determined that catcher vessels less than 50 
feet LOA using hook-and-line gear, catcher vessels greater than or 
equal to 50 feet LOA using hook-and-line gear, vessels using pot gear, 
and catcher/processors using trawl gear currently have the capacity to 
harvest this excess allocation. Therefore, NMFS apportions 60 mt of 
Pacific cod from the jig vessel apportionment, 40 mt of Pacific cod 
from the hook-and-line catcher/processor apportionment, and 580 mt of 
Pacific cod from the trawl catcher vessel apportionment to catcher 
vessels less than 50 feet LOA using hook-and-line gear, catcher vessels 
greater than or equal to 50 feet LOA using hook-and-line gear, vessels 
using pot gear, and catcher/processors using trawl gear in the Central 
Regulatory Area of the GOA.
    The harvest specifications for Pacific cod in the Central 
Regulatory Area of the GOA included in the final 2018 and 2019 harvest 
specifications for groundfish of the GOA (83 FR 8768, March 1, 2018) 
are revised as follows: 268 mt to catcher/processors using hook-and-
line gear, 990 mt to catcher vessels less than 50 feet LOA using hook-
and-line gear, 416 mt to catcher vessels greater than or equal to 50 
feet LOA using hook-and-line gear, 1 mt to vessels using jig gear, 
1,787 mt to vessels using pot gear, 700 mt to catcher/processors using 
trawl gear, and 1,695 mt to catcher vessels using trawl 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 reallocations of Pacific cod in the Central Regulatory 
Area of the GOA. 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 December 20, 2018.
    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, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-28367 Filed 12-21-18; 4:15 pm]
 BILLING CODE 3510-22-P
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