64330 Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

section 408(b)(4) of FFDCA requires that 

EPA explain the reasons for departing 

from the Codex level. The Codex has not 

established a MRL for prallethrin. 

V. Conclusion 

Therefore, tolerances are established 

for residues of the insecticide 

prallethrin, including its metabolites 

and degradates, in or on all raw 

agricultural commodities and processed 

food from use of prallethrin in food 

handling establishments where food and 

food products are held, processed, 

prepared and/or served, or as a widearea mosquito adulticide at 1.0 part per 

million (ppm). Compliance with the 

tolerance level specified is to be 

determined by measuring only 

prallethrin, 2-methyl-4-oxo-3-(2-propyn1-yl)-2-cyclopenten-1-yl-2,2-dimethyl-3- 

(2-methyl-1-propen-1- 

yl)cyclopropanecarboxylate. 

EPA is revising 40 CFR 180.545 to 

clarify the tolerance. EPA is merging 

paragraphs (a)(1) and (2) together into a 

new paragraph (a). EPA is removing 

paragraphs (a)(3) and (4) as they contain 

language that is more appropriately 

regulated under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

as use directions on the label. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of section 

408(n)(4) of FFDCA. As such, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 17, 2014. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Revise § 180.545 to read as follows: 

§ 180.545 Prallethrin; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the 

insecticide prallethrin, including its 

metabolites and degradates, in or on all 

raw agricultural commodities and 

processed food from use of prallethrin 

in food handling establishments where 

food and food products are held, 

processed, prepared and/or served, or as 

a wide-area mosquito adulticide at 1.0 

part per million (ppm). Compliance 

with the tolerance level specified is to 

be determined by measuring only 

prallethrin, 2-methyl-4-oxo-3-(2-propyn1-yl)-2-cyclopenten-1-yl-2,2-dimethyl-3- 

(2-methyl-1-propen-1- 

yl)cyclopropanecarboxylate. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2014–25732 Filed 10–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140822715–4882–02] 

RIN 0648–BE37 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Tilefish 

Fishery; 2015–2017 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final 

specifications for the commercial 


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Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 64331 

tilefish fishery for the 2015, 2016, and 

2017 fishing years. This action 

establishes the acceptable biological 

catch, annual catch limit, total 

allowable landings, and harvest 

allocations for the individual fishing 

quota and incidental fishery 

components of the commercial tilefish 

fishery. The intent of this action is to 

establish allowable harvest levels and 

other management measures to prevent 

overfishing while allowing optimum 

yield, consistent with the MagnusonStevens Fishery Conservation and 

Management Act and the Tilefish 

Fishery Management Plan. 

DATES: Effective November 1, 2014. 

ADDRESSES: Copies of the specifications 

document, including the Environmental 

Assessment (EA) and Initial Regulatory 

Flexibility Analysis (IRFA) are available 

upon request from the Mid-Atlantic 

Fishery Management Council, 800 North 

State Street, Suite 201, Dover, DE 19901. 

The specifications document is also 

accessible via the Internet at: 

www.greateratlantic.fisheries.noaa.gov. 

The Final Regulatory Flexibility 

Analysis (FRFA) consists of the IRFA, 

public comments and responses 

contained in this final rule, and the 

summary of impacts and alternatives 

contained in this final rule. Copies of 

the small entity compliance guide are 

available from John K. Bullard, Regional 

Administrator, Greater Atlantic Region, 

National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930–2298. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

978–281–9341. 

SUPPLEMENTARY INFORMATION: 

Background 

The tilefish fishery is managed by the 

Mid-Atlantic Fishery Management 

Council under the Tilefish Fishery 

Management Plan (FMP). The 

management unit specified in the 

Tilefish FMP is all tilefish (Lopholatilus 

chamaeleonticeps) under U.S. 

jurisdiction in the Atlantic Ocean north 

of the Virginia/North Carolina border. 

Regulations implementing the Tilefish 

FMP appear at 50 CFR part 648, 

subparts A and N. The FMP and its 

implementing regulations detail the 

Council’s process for establishing 

specifications. Fishery specifications for 

tilefish include catch and landing limits 

for the commercial tilefish fishery. All 

requirements of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, including the 10 national 

standards, also apply to specifications. 

Detailed background information 

regarding the status of the tilefish stock 

and the development of the 2015–2017 

specifications for this fishery was 

provided in the proposed rule to 

implement these specifications 

(September 3, 2014; 79 FR 52293). That 

information is not repeated here. 

This action specifies the allowed 

harvest limits for the commercial 

tilefish fishery for the 2015, 2016, and 

2017 fishing years. The total allowable 

landings (TAL) for the commercial 

fishery are divided between Individual 

Fishing Quota (IFQ) shareholders, 

which are allocated 95 percent of the 

TAL, and the incidental fishery, which 

receives 5 percent of the TAL. Table 1 

contains the harvest quotas 

implemented by this action. 

TABLE 1—SUMMARY OF 2015, 2016, AND 2017 HARVEST LIMITS FOR TILEFISH RELATIVE TO 2014 LIMITS

2014 2015 2016 2017 

Overfishing Limit (OFL) ................................................................... NA 989 mt 1,063 mt 1,091 mt 

Acceptable Biological Catch (ABC) ................................................. 913 mt 801 mt 861 mt 861 mt 

Annual Catch Limit (ACL) ................................................................ 913 mt 801 mt 861 mt 861 mt 

Total Allowable Landings (TAL) ...................................................... 905 mt 796 mt 856 mt 856 mt 

Individual Fishing Quota (IFQ) Fishery 1 ......................................... 1,895,250 lb 

(859,671 kg) 

1,667,136 lb 

(756,200 kg) 

1,792,799 lb 

(813,200 kg) 

1,792,799 lb 

(813,200 kg) 

Incidental Fishery1 ........................................................................... 99,750 lb 

(45,246 kg) 

87,744 lb 

(39,800 kg) 

94,357 lb 

(42,800 kg) 

94,357 lb 

(42,800 kg) 

1Kg are converted from lb, and may not necessarily add exactly due to rounding. 

The Council recommended the same 

quota for 2017 as for 2016, because, 

even though stock assessment 

projections indicate that the quota could 

be increased slightly, the Tilefish FMP 

has used a constant landings 

management strategy since it was 

implemented in 2001. The tilefish 

industry has been supportive of this 

approach, and stated that they benefit 

from the predictability that a stable 

quota provides. At the urging of the 

tilefish industry, and because the lower 

harvest in 2017 would likely support 

further growth in this stock, the Council 

decided that the value of quota stability 

between 2016 and 2017 outweighed the 

potential gain from the small amount of 

quota increase that could have been 

realized in 2017. As in previous years, 

no tilefish quota has been allocated for 

research set-aside. The Council has the 

opportunity to review updated 

information on the status of the tilefish 

fishery each year, and may choose to 

recommend changes to these 

specifications before the 2016 or 2017 

fishing years. 

The regulation at § 648.292(b)(1) 

specifies that the TAL for each fishing 

year will be 1.995 million lb (905,172 

kg), unless modified by the 

specifications process. If not changed, 

this default value in the regulations may 

be confusing, because this action is 

establishing different TALs for 2015, 

2016, and 2017 that would not appear 

in the regulations. To avoid confusion, 

this action revises the regulations to 

remove this reference to a specific TAL 

value. 

Comments and Responses 

The public comment period for the 

proposed rule ended on September 18, 

2014. One comment was received on the 

proposed rule. 

Comment: The commenter 

recommended a more drastic cut in 

harvest quotas and claimed widespread 

corruption and collusion between 

NMFS and the commercial fishing 

industry. 

Response: The commenter presented 

no clear rationale or evidence 

supporting the claims. The most recent 

assessment determined that the tilefish 

stock is neither overfished, nor subject 

to overfishing. The Council’s 

recommended harvest quotas were set 

below the potential harvest limit from 

the stock assessment in order to account 

for any scientific uncertainty. Therefore, 

there is no scientific basis for making 

changes to the quotas based on this 

comment. NMFS used the best scientific 

information available and is approving 

specifications for the tilefish fishery that 

are consistent with the FMP, all 

applicable legal requirements, and the 

recommendations of the Council. 


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64332 Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the Assistant 

Administrator for Fisheries, NOAA, has 

determined that this final rule is 

consistent with the Tilefish FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law. 

There is good cause under 5 U.S.C. 

553(d)(3) to establish an effective date 

less than 30 days after date of 

publication. Avoiding a delay in 

effectiveness past the start of the 2015 

fishing year would avoid confusion and 

potential economic harm to the 

commercial tilefish industry. The 2015 

tilefish fishing year starts on November 

1, 2014. If new specifications are not 

effective on that date, the regulations at 

§ 648.292(a) state the current harvest 

quotas would automatically continue 

into the new fishing year. Therefore, 

NMFS would be required to issue initial 

IFQ permits using the 2014 quota 

amount, and then reissue those permits 

using the lower 2015 quota once this 

rule became effective. Representatives of 

the commercial tilefish industry have 

been active participants in the Council’s 

development of these specifications, 

and are anticipating the 2015 quota 

amount implemented by this action. 

Issuing two sets of permits based on 

different quota amounts in a short 

period of time could cause unnecessary 

confusion and paperwork for the 

commercial tilefish industry. If IFQ 

shareholders fished or leased their 

allocation in the interim, they could be 

responsible for a quota overage once the 

new 2015 quotas became effective. 

Under the regulations, such an overage 

would need to be paid back in the 

following fishing year, which would 

decrease fishing opportunities in 2016. 

Because the Council did not submit the 

EA until late June, NMFS was unable to 

prepare this rule earlier while still 

allowing for an appropriate comment 

period. However, NMFS must also 

consider the need of the tilefish 

industry to have adequate prior notice 

of changes in the harvest quota. As 

noted above, the commercial tilefish 

industry has been a participant in the 

Council’s process of developing these 

specifications and is anticipating these 

measures. Therefore, the benefits of 

implementing these quota specifications 

on November 1, 2014, outweigh the 

benefit of the 30-day delay in 

effectiveness. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This final rule does not duplicate, 

conflict, or overlap with any existing 

Federal rules. 

The FRFA included in this final rule 

was prepared pursuant to 5 U.S.C. 

604(a), and incorporates the IRFA, a 

summary of the significant issues raised 

by the public comments in response to 

the IRFA, NMFS’s responses to those 

comments, and a summary of the 

analyses completed to support the 

action. A copy of the EA/IRFA is 

analysis is available from the Council 

(see ADDRESSES). 

The preamble to the proposed rule 

included a detailed summary of the 

analyses contained in the IRFA, and that 

discussion is not repeated here. 

Final Regulatory Flexibility Analysis 

Statement of Objective and Need 

A description of the reasons why this 

action is being taken, and the objectives 

of and legal basis for this final rule are 

contained in the preambles to the 

proposed rule and this final rule and are 

not repeated here. 

Summary of Significant Issues Raised in 

Public Comment 

One comment was submitted on the 

proposed rule. However, it was not 

specific to the IRFA or to the economic 

impacts of the rule more generally. No 

changes were made from the proposed 

rule. 

Description and Estimate of Number of 

Small Entities To Which the Rule Will 

Apply 

The Small Business Administration 

(SBA) defines a small business in the 

commercial harvesting sector as a firm 

with receipts (gross revenues) of up to 

$20.5 million for finfish businesses. A 

small business in the recreational 

fishery (i.e., party or charter vessel 

operations) is a firm with receipts of up 

to $7.5 million. The 2015, 2016, and 

2017 tilefish quotas could affect any 

vessel holding an active Federal permit 

for tilefish. Vessel permit data show that 

in 2013 there were 1,827 vessels that 

held a valid commercial tilefish permit 

and 393 vessels held a valid party/

charter tilefish permit. However, not all 

of those vessels are active participants 

in the fishery. According to dealerreported landings data, 141 vessels 

landed tilefish in fishing year 2013. In 

addition, according to vessel trip report 

data, 25 party/charter vessels reported 

catching tilefish in 2013. Changes in 

quotas under this action are not 

expected to affect the effort of vessels 

that land tilefish incidentally (e.g., otter 

trawl vessels) because the catch and/or 

landings of tilefish incidentally occur as 

these vessels target other species, and 

their fishing behavior is not expected to 

be driven by the level of the incidental 

tilefish quota. 

Some of the vessels with tilefish 

permits may be considered to be part of 

the same firm because they may have 

the same owners. Firms are classified as 

finfish or for-hire firms based on the 

activity from which they derive the 

most revenue. All of the party/charter 

firms fall within the definition of a 

small business according to the 2010– 

2012 average revenues; however, some 

of these firms also landed tilefish 

commercially. If the contribution of 

tilefish commercial receipts is more 

than 50 percent of the total, the party/ 

charter firm is considered a commercial 

operation. Using the $20.5 million 

cutoff for commercial finfish firms, 

there are 190 firms that are small and 4 

that are large assuming average revenues 

for the 2010–2012 period. The majority 

of the permitted vessels readily fall 

within the definition of small business. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

No additional reporting, 

recordkeeping, or other compliance 

requirements are included in this final 

rule. 

Description of the Steps Taken To 

Minimize Economic Impact on Small 

Entities 

Specification of commercial quota is 

constrained by the conservation 

objectives of the FMP and the 

Magnuson-Stevens Act. The 2015 TAL 

contained in this final rule is 12 percent 

lower than the 2014 TAL, while the 

2016 and 2017 TALs are 9 percent 

lower. However, this is the result of the 

Council’s risk policy, which requires an 

appropriate buffer between the OFL and 

ABC that, in turn, lowers the TAL 

compared to 2014. Therefore, these 

lower catch levels in 2015 are consistent 

with the best available scientific 

information and intended to prevent 

overfishing from occurring. 

As described in the proposed rule for 

this action, two other alternatives were 

considered that would have resulted in 

higher vessel revenue than these 

specifications. The status quo 

specifications (Alternative 2) were not 

consistent with the Council’s risk 

policy. Alternative 3 would have 

increased the TAL in 2017. However, 

the tilefish industry preferred the same 

TALs in 2016 and 2017 under these 

final specifications to maintain stability 

in the fishery and promote future stock 

growth, which could lead to increased 

TALs and associated economic benefits 

in the future. 


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Federal Register / Vol. 79, No. 209 / Wednesday, October 29, 2014 / Rules and Regulations 64333 

All affected IFQ shareholders will 

receive decreases in their tilefish 2015 

IFQ allocations in comparison to their 

respective tilefish 2014 IFQ allocations. 

However, the magnitude of the decrease 

varies depending on the shareholder’s 

relative percent in the total IFQ quota. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide will be sent to all 

holders of Federal permits issued for the 

tilefish fishery. In addition, copies of 

this final rule and guide (i.e., permit 

holder letter) are available from NMFS 

(see ADDRESSES) and at the following 

Web site: 

www.greateratlantic.fisheries.noaa.gov. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: October 24, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.292, revise paragraph (b) to 

read as follows: 

§ 648.292 Tilefish specifications. 

* * * * * 

(b) TAL. (1) The TAL for each fishing 

year will be specified pursuant to 

paragraph (a) of this section. 

(2) The sum of the TAL and the 

estimated discards shall be less than or 

equal to the ACT. 

* * * * * 

[FR Doc. 2014–25741 Filed 10–24–14; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 130925836–4174–02] 

RIN 0648–XD589 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Western Regulatory 

Area of the Gulf of Alaska Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from catcher vessels using trawl gear to 

catcher vessels using hook-and-line 

gear, vessels using pot gear, and vessels 

using jig gear in the Western Regulatory 

Area of the Gulf of Alaska management 

area (GOA). This action is necessary to 

allow the 2014 total allowable catch of 

Pacific cod in the Western Regulatory 

Area of the GOA to be harvested. 

DATES: Effective October 24, 2014, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Gulf of Alaska exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The 2014 Pacific cod total allowable 

catch (TAC) specified for catcher vessels 

using trawl gear in the Western 

Regulatory Area of the GOA is 8,582 

metric tons (mt), as established by the 

final 2014 and 2015 harvest 

specifications for groundfish in the GOA 

(79 FR 12890, March 6, 2014). The 

Administrator, Alaska Region (Regional 

Administrator) has determined that 

catcher vessels using trawl gear will not 

be able to harvest 900 mt of the 2014 

Pacific cod TAC allocated to those 

vessels under § 679.20(a)(12)(i)(A). 

Therefore, in accordance with 

§ 679.20(a)(12)(ii)(B), the Regional 

Administrator has also determined that 

catcher vessels using hook-and-line 

gear, vessels using pot gear, and vessels 

using jig gear currently have the 

capacity to harvest this excess allocation 

and reallocates 50 mt to catcher vessels 

using hook-and-line gear, 550 mt to 

vessels using pot gear, and 300 mt to 

vessels using jig gear. 

The harvest specifications for Pacific 

cod in the Western Regulatory Area of 

the GOA included in the final 2014 

harvest specifications for groundfish in 

the GOA (79 FR 12890, March 6, 2014) 

are revised as follows: 7,682 mt for 

catcher vessels using trawl gear, 363 mt 

for vessels using hook-and-line gear, 

9,042 mt for vessels using pot gear, and 

873 mt for vessels using jig 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 

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 using 

trawl gear to catcher vessels using hookand-line gear, vessels using pot gear, 

and vessels using jig gear. Since the 

fishery is currently ongoing, 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 October 23, 2014. 

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. 


rmajette on DSK2TPTVN1PROD with RULES