[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Rules and Regulations]
[Page 55690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22871]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XZ01


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 
from catcher vessels using trawl gear to American Fisheries Act 
catcher/processors and the Amendment 80 cooperative in the Bering Sea 
and Aleutian Islands management area. These actions are necessary to 
allow the 2010 total allowable catch of Pacific cod established for 
trawl catcher vessels to be harvested.

DATES:  Effective September 9, 2010, until 2400 hours, A.l.t., December 
31, 2010.

FOR FURTHER INFORMATION CONTACT:  Obren Davis, 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 part 
600 and 50 CFR part 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), the allocations of the 
Pacific cod TAC are 3,467 mt to American Fisheries Act (AFA) trawl 
catcher/processors and 16,878 mt to the Amendment 80 cooperative. The 
allocation to catcher vessels using trawl gear is 32,809 mt after one 
reallocation (75 FR 52478, August 26, 2010).
    As of September 8, 2010 the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that catcher vessels using 
trawl gear will not be able to harvest 4,000 mt of Pacific cod 
allocated to those vessels under ' 679.20(a)(7)(ii). The Regional 
Administrator has determined that the projected unharvested amount is 
unlikely to be harvested by any of the other catcher vessel sectors 
described in Sec.  679.20(a)(7)(iii)(A). Therefore, in accordance with 
Sec.  679.20(a)(7)(iii)(B), NMFS apportions 600 mt of Pacific cod from 
catcher vessels using trawl gear to AFA trawl/catcher processors and 
3,400 mt of Pacific cod from catcher vessels using trawl gear to the 
Amendment 80 cooperative.
    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 one reallocation (75 FR 52478, August 26, 
2010) are revised as follows: 4,067 mt to AFA catcher/processors using 
trawl gear, 20,278 mt to the Amendment 80 cooperative, and 28,809 mt to 
catcher vessels using trawl gear.
    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 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 
September 8, 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: September 9, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-22871 Filed 9-9-10; 4:15 pm]
BILLING CODE 3510-22-S