[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24403-24404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10593]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA404
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) length overall (LOA) using hook-and-line
gear to catcher vessels less than 60 feet LOA using hook-and-line or
pot gear in the Bering Sea and Aleutian Islands management area. This
action is necessary to allow the 2011 total allowable catch of Pacific
cod to be harvested.
DATES: Effective April 30, 2011, through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2011.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 parts 600 and 679.
The B season apportionment of the 2011 Pacific cod total allowable
catch (TAC) specified for vessels using jig gear in the Bering Sea and
Aleutian Islands management area (BSAI) is 570 metric tons (mt) for the
period 1200 hrs, A.l.t., April 30, 2011, through 1200 hrs, A.l.t.,
August 31, 2011, as established by the final 2011 and 2012 harvest
specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011).
The Administrator, Alaska Region, NMFS, has determined that jig
vessels will not be able to harvest 470 mt of the B season
apportionment of the 2011 Pacific cod TAC allocated to those vessels
under Sec. 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS apportions 470 mt of Pacific cod from the B
season jig gear apportionment to catcher vessels less than 60 feet LOA
using hook-and-line or pot gear.
The A season apportionment of the 2011 Pacific cod TAC specified
for catcher vessels greater than or equal to 60 feet LOA using hook-
and-line gear is 207 mt for the period 2400 hrs, A.l.t., January 1,
2011, through 1200 hrs, A.l.t., June 10, 2011, as established by the
final 2011 and 2012 harvest specifications for groundfish in the BSAI
(76 FR 11139, March 1, 2011).
The Administrator, Alaska Region, NMFS, has determined that catcher
vessels greater than or equal to 60 feet LOA using hook-and-line gear
will not be able to harvest 180 mt of the A season apportionment of the
2011
[[Page 24404]]
Pacific cod TAC allocated to those vessels under Sec.
679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.
679.20(a)(7)(iii)(A), NMFS apportions 180 mt of Pacific cod from the A
season apportionment to catcher vessels greater than or equal to 60
feet LOA using hook-and-line gear to catcher vessels less than 60 feet
LOA using hook-and-line or pot gear.
The harvest specifications for Pacific cod included in the final
2011 harvest specifications for groundfish in the BSAI (76 FR 11139,
March 1, 2011) are revised as follows: 100 mt to the B season
apportionment for vessels using jig gear, 27 mt to the A season
apportionment for catcher vessels greater than or equal to 60 feet LOA
using hook-and-line gear, and 6,205 mt to catcher vessels less than 60
feet LOA using hook-and-line or pot 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 jig vessels
and catcher vessels greater than or equal to 60 feet LOA using hook-
and-line gear to catcher vessels less than 60 feet LOA using hook-and-
line or pot gear. 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 April 26, 2011.
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: April 27, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-10593 Filed 4-27-11; 4:15 pm]
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