[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Rules and Regulations]
[Pages 87798-87799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 240304-0068; RTID 0648-XE445]


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 trawl catcher vessels and from catcher vessels greater than or 
equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear 
to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or pot gear, Amendment 80 vessels, and catcher/processors using hook-
and-line gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to allow the 2024 total allowable 
catch (TAC) of Pacific cod to be harvested.

DATES: Effective October 31, 2024, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Olson, 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 (Magnuson-
Stevens 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 2024 Pacific cod TAC specified for trawl catcher vessels in the 
BSAI is 28,754 mt as established by the final 2024 and 2025 harvest 
specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) 
and reallocations (89 FR 67327, August 20, 2024 and 89 FR 79454, 
September 30, 2024).

[[Page 87799]]

    The 2024 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet (18.3 meters (m)) LOA using pot gear in the BSAI is 
11,620 mt as established by the final 2024 and 2025 harvest 
specifications for groundfish in the BSAI (89 FR 17287, March 11, 
2024).
    The 2024 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 6,884 
metric tons (mt) as established by the final 2024 and 2025 harvest 
specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) 
and reallocations (89 FR 24736, April 9, 2024; 89 FR 67327, August 20, 
2024; and 89 FR 79454 September 30, 2024).
    The 2024 Pacific cod TAC specified for Amendment 80 vessels in the 
BSAI is 20,147 mt as established by the final 2024 and 2025 harvest 
specification for groundfish in the BSAI (89 FR 17287, March 11, 2024) 
and reallocation (89 FR 75505, September 16, 2024).
    The 2024 Pacific cod TAC specified for catcher/processors using 
hook-and-line gear in the BSAI is 67,370 mt as established by the final 
2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 
17287, March 11, 2024).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that trawl catcher vessels will not be able to harvest 
800 mt of the 2024 Pacific cod TAC allocated to those vessels under 
Sec.  679.20(a)(7)(ii)(A)(9) and catcher vessels greater than or equal 
to 60 feet (18.3 meters (m)) LOA using pot gear will not be able to 
harvest 600 mt of the 2024 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(5).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS 
reallocates 500 mt from trawl catcher vessels and 600 mt from catcher 
vessels greater than or equal to 60 feet (18.3 meters (m)) LOA using 
pot gear to the annual amount specified for catcher vessels less than 
60 feet (18.3 m) LOA using hook-and-line or pot gear, and hook-and-line 
catcher/processors. In accordance with Sec.  679.20(a)(7)(iii)(B), NMFS 
reallocates 300 mt from trawl catcher vessels to Amendment 80 vessels.
    The harvest specifications for 2024 Pacific cod included in the 
final 2024 and 2025 harvest specifications for groundfish in the BSAI 
(89 FR 17287, March 11, 2024) and reallocations (89 FR 24736, April 9, 
2024; 89 FR 67327, August 20, 2024; 89 FR 75505, September 16, 2024; 
and 89 FR 79454 September 30, 2024) are revised as follows: 27,954 mt 
to trawl catcher vessels, 11,020 mt to catcher vessels greater than or 
equal to 60 feet (18.3 m) LOA using pot gear, 7,384 mt to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, 
20,447 mt to Amendment 80 vessels, and 67,970 mt to catcher/processors 
using hook-and-line gear.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be 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 allow for harvests that exceed the 
originally specified apportionment of the Pacific cod TAC. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of October 30, 
2024.
    The Assistant Administrator for Fisheries, NOAA 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.

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

    Dated: October 30, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-25648 Filed 10-31-24; 4:15 pm]
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