26 Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XZ61 

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. 

SUMMARY: NMFS is reallocating 

projected unused amounts of Pacific cod 

among multiple sectors in the Bering 

Sea and Aleutian Islands management 

area. These actions are necessary to 

allow the 2010 total allowable catch of 

Pacific cod to be harvested. 

DATES: Effective December 28, 2010, 

until 2400 hours, A.l.t., December 31, 

2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands 

management area (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 parts 600 

and 679. 

The 2010 Pacific cod total allowable 

catch (TAC) in the BSAI is 168,780 

metric tons (mt) as established by the 

final 2010 and 2011 harvest 

specifications for groundfish in the 

BSAI (75 FR 11778, March 12, 2010). 

Pursuant to § 679.20(a)(7)(ii)(A), the 

allocations of the Pacific cod TAC are 

73,000 mt to hook-and-line catcher/ 

processors, 2,248 mt to pot catcher/ 

processors, 300 mt to catcher vessels 

greater than or equal to 60 feet (18.3 

meters (m)) length overall (LOA) using 

hook-and-line gear, 12,591 mt to catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA using pot gear, and 3,319 

mt to the Amendment 80 limited access 

sector. The allocation to American 

Fisheries Act (AFA) trawl catcher/ 

processors is 4,067 mt after one 

reallocation on September 9, 2010 (75 

FR 55690, September 14, 2010). The 

allocation to catcher vessels using trawl 

gear is 28,809 mt after two reallocations 

on August 27, 2010 (75 FR 52478, 

August 26, 2010) and September 9, 2010 

(75 FR 55690, September 14, 2010). The 

allocation to jig gear is 510 mt after two 

reallocations on March 17, 2010 (75 FR 

13444, March 22, 2010) and April 12, 

2010 (75 FR 19562, April 15, 2010). The 

allocation to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear is 5,098 after three 

reallocations on March 17, 2010 (75 FR 

13444, March 22, 2010), April 12, 2010 

(75 FR 19562, April 15, 2010), and 

August 27, 2010 (75 FR 52478, August 

26, 2010). 

First, as of December 23, 2010, the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that vessels using jig gear 

will not be able to harvest 160 mt of 

Pacific cod allocated to those vessels 

under § 679.20(a)(7)(ii) and subsequent 

reallocations. Therefore, in accordance 

with § 679.20(a)(7)(iii)(A), NMFS 

apportions 160 mt of Pacific cod from 

vessels using jig gear to catcher vessels 

less than 60 feet (18.3 m) LOA using 

hook-and-line or pot gear. 

Second, as of December 23, 2010, the 

Regional Administrator has determined 

that catcher vessels greater than or equal 

to 60 feet (18.3 m) LOA using hook-andline gear will not be able to harvest 299 

mt of Pacific cod allocated to those 

vessels under § 679.20(a)(7)(ii)(A). 

Therefore, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS apportions 

251 mt of Pacific cod from catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA using hook-and-line gear 

to catcher vessels less than 60 feet (18.3 

m) LOA using hook-and-line or pot gear 

and 48 mt of Pacific cod from catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA using hook-and-line gear 

to catcher vessels greater than or equal 

to 60 feet (18.3 m) LOA using pot gear. 

Third, as of December 23, 2010, the 

Regional Administrator has determined 

that AFA trawl catcher/processors will 

not be able to harvest 26 mt of Pacific 

cod allocated to those vessels under 

§ 679.20(a)(7)(ii)(A) and subsequent 

reallocations. Therefore, in accordance 

with § 679.20(a)(7)(iii)(B), NMFS 

apportions 26 mt of Pacific cod from 

AFA trawl catcher/processors to the 

Amendment 80 limited access sector. 

Fourth, as of December 23, 2010, the 

Regional Administrator has determined 

that trawl catcher vessels will not be 

able to harvest 634 mt of Pacific cod 

allocated to those vessels under 

§ 679.20(a)(7)(ii)(A) and subsequent 

reallocations. The Regional 

Administrator has also determined that 

the projected unharvested amount is 

unlikely to be harvested by any of the 

other catcher vessel sectors described in 

§ 679.20(a)(7)(iii)(A). Therefore, in 

accordance with § 679.20(a)(7)(iii)(B), 

NMFS apportions 405 mt of Pacific cod 

from trawl catcher vessels to the 

Amendment 80 limited access sector, 

190 mt of Pacific cod from trawl catcher 

vessels to hook-and-line catcher/ 

processors, 33 mt to catcher vessels 

greater than or equal to 60 feet (18.3 m) 

LOA using pot gear, and 6 mt to pot 

catcher/processors. 

Finally, as of December 23, 2010, the 

Regional Administrator has determined 

that catcher vessels greater than or equal 

to 60 feet (18.3 m) LOA using pot gear 

will not be able to harvest 1,096 mt of 

Pacific cod allocated to those vessels 

under § 679.20(a)(7)(ii)(A) and 

subsequent reallocations. Therefore, in 

accordance with § 679.20(a)(7)(iii)(C), 

NMFS apportions 1,096 mt of Pacific 

cod from catcher vessels greater than or 

equal to 60 feet (18.3 m) LOA using pot 

gear to pot catcher/processors. 

The allocations for Pacific cod 

specified in the final 2010 and 2011 

final harvest specifications for 

groundfish in the BSAI (75 FR 11778, 

March 12, 2010) and reallocations on 

March 17, 2010 (75 FR 13444, March 22, 

2010), April 12, 2010 (75 FR 19562, 

April 15, 2010), August 27, 2010 (75 FR 

52478, August 26, 2010), and September 

9, 2010 (75 FR 55690, September 14, 

2010) are revised as follows: 4,041 mt to 

AFA catcher/processors using trawl 

gear, 3,750 mt to the Amendment 80 

limited access sector, 28,175 mt to 

catcher vessels using trawl gear, 1 mt to 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA using hook-andline gear, 11,576 mt to catcher vessels 

greater than or equal to 60 feet (18.3 m) 

LOA using pot gear, 5,509 mt to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear, 350 mt 

to vessels using jig gear, 3,350 mt to pot 

catcher/processors, and 73,190 mt to 

hook-and-line catcher/processors. 

This will enhance the socioeconomic 

well-being of harvesters dependent 

upon Pacific cod in this area. The 

Regional Administrator considered the 

following factors in reaching this 

decision: (1) The current catch of Pacific 

cod by the applicable BSAI sectors and, 

(2) the harvest capacity and stated intent 

on future harvesting patterns of vessels 

in the sectors participating in this 

fishery. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 


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Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Rules and Regulations 27 

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. 

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 23, 2010. 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 28, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–33089 Filed 12–28–10; 4:15 pm] 

BILLING CODE 3510–22–P 


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