[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Rules and Regulations]
[Page 9398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03554]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 131021878-4158-02]
RIN 0648-XD780


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Western Aleutian Islands District of the Bering Sea and Aleutian 
Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod, 
including for the Community Development Quota program (CDQ), in the 
Western Aleutian Islands district (Area 543) of the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the Area 543 Pacific cod harvest limit of the 2015 
total allowable catch (TAC) in the Aleutian Islands subarea of the 
BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 18, 
2015, through 2400 hrs, A.l.t., December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 Area 543 Pacific cod harvest limit of the 2015 TAC in the 
Aleutian Islands subarea of the BSAI is 2,478 metric tons (mt) as 
established by the final 2014 and 2015 harvest specifications for 
groundfish in the BSAI (79 FR 12108, March 4, 2014) and inseason 
adjustment (80 FR 188, January 5, 2015). In accordance with Sec.  
679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined 
that the Area 543 Pacific cod harvest limit of the 2015 Pacific cod TAC 
in the Aleutian Islands subarea of the BSAI will soon be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 2,178 mt, and is setting aside the remaining 300 
mt as incidental catch in directed fishing for other species. In 
accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod in 
the Western Aleutian Islands district of the BSAI.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

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 directed fishing closure of Pacific cod in the Western 
Aleutian Islands district of the BSAI. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of February 16, 2015.
    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: February 18, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-03554 Filed 2-18-15; 4:15 pm]
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