[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Rules and Regulations]
[Pages 47240-47241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18096]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022]
RTID 0648-XB349


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 vessels using jig gear and catcher vessels greater than or 
equal to 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-
line gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-
and-line or pot gear in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to allow the 2021 total allowable 
catch (TAC) of Pacific cod to be harvested.

DATES: Effective August 23, 2021, through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.

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 2021 Pacific cod TAC specified for vessels using jig gear in 
the BSAI is 1,565 metric tons (mt) as established by the final 2021 and 
2022 harvest specifications for groundfish in the BSAI (86 FR 11449, 
February 25, 2021).
    The 2021 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI 
is 222 mt as established by the final 2021 and 2022 harvest 
specifications for groundfish in the BSAI (86 FR 11449, February 25, 
2021).
    The 2021 Pacific cod TAC allocated to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 2,222 
mt as established by final 2021 and 2022 harvest specifications for 
groundfish in the BSAI (86 FR 11449, February 25, 2021).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 1,500 mt of 
the 2021 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1) and catcher vessels greater than or equal to 60 
feet (18.3 m) LOA using hook-and-line gear will not be able to harvest 
222 mt of the 2021 Pacific cod TAC allocated to those vessels under 
Sec.  679.20(a)(7)(ii)(A)(3).
    Therefore, in accordance with Sec.  679.20(a)(7)(iv)(C), NMFS 
apportions 1,500 mt of Pacific cod from the jig vessels to the annual 
amount specified for catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or pot gear. Also, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS reallocates 222 mt from the catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear 
to the annual amount specified for catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear.
    The harvest specifications for 2021 Pacific cod included in final 
2021 and 2022 harvest specifications for groundfish in the BSAI (86 FR 
11449, February 25, 2021) is revised as follows: 65 mt to vessels using 
jig gear, 0 mt to catcher vessels greater than or equal to 60 feet 
(18.3 m) LOA using hook-and-line gear, and 3,944 mt to catcher vessels 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
    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

[[Page 47241]]

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 
August 18, 2021.
    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: August 18, 2021.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-18096 Filed 8-23-21; 8:45 am]
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