[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61190-61191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27873]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF908


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 catcher vessels equal to or greater than 60 feet (18.3 meters) 
length overall (LOA) using pot gear to catcher/processors (C/Ps) using 
pot gear, catcher vessels less than 60 feet (18.3 meters) LOA using 
hook-and-line or pot gear, and C/Ps using hook-and-line gear in the 
Bering Sea and Aleutian Islands management area. This action is 
necessary to allow the 2017 total allowable catch of Pacific cod to be 
harvested.

DATES: Effective December 21, 2017, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2017.

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

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 2017 Pacific cod total allowable catch (TAC) specified for 
catcher vessels greater than or equal to 60 feet LOA using pot gear in 
the BSAI is 15,389 metric tons (mt) as established by the final 2017 
and 2018 harvest specifications for groundfish in the BSAI (82 FR 
11826, February 27, 2017) and reallocation (82 FR 47162, October 11, 
2017).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that catcher vessels greater than or equal to 60 feet 
LOA using pot gear will not be able to harvest 1,500 mt of the 
remaining 2017 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), taking into account the capabilities of the sectors 
to harvest reallocated amounts of Pacific cod, and following the 
hierarchies set forth in Sec.  679.20(a)(7)(iii)(A) and Sec.  
679.20(a)(7)(iii)(B), NMFS reallocates 155 mt of Pacific cod to C/Ps 
using pot gear, 200 mt to catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear, and 1,145 mt to C/Ps using hook-
and-line gear.
    The harvest specifications for Pacific cod included in the final 
2017 harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017) and reallocations (FR 57162, December 4, 2017; 82 FR 
43503, September 18, 2017; 82 FR 41899, September 5, 2017; and 82 FR 
8905, February 1, 2017; 82) are revised as follows: 13,889 mt for 
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot 
gear, 4,999 mt for C/Ps using pot gear, 9,271 mt for catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, and 
107,589 mt for C/Ps using hook-and-line 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

[[Page 61191]]

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 catcher vessels greater than 
or equal to 60 feet (18.3 m) LOA using pot gear to C/Ps using pot gear, 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear, and catcher/processors using hook-and-line gear in the BSAI 
management area. Since these fisheries are 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 6, 2017.
    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, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-27873 Filed 12-21-17; 4:15 pm]
 BILLING CODE 3510-22-P