[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Rules and Regulations]
[Pages 12293-12294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5075]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126521-0640-02]
RIN 0648-XA260
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 to catcher vessels less than 60 feet
(18.3 meters) length overall using hook-and-line or pot gear in the
Bering Sea and Aleutian Islands management area. This action is
necessary to allow the A season apportionment of the 2011 total
allowable catch of Pacific cod to be harvested.
DATES: Effective March 1, 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 part 600 and 50 CFR part 679.
The A 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 1,710 metric tons (mt) for
the period 1200 hrs, A.l.t., January 1, 2011, through 1200 hrs, A.l.t.,
April 30, 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 1,500 mt of the A 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 1,500 mt of Pacific cod from the
A season jig gear apportionment to catcher vessels less than 60 feet
(18.3 meters (m)) length overall (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: 810 mt to the A season
apportionment for vessels using jig gear and 5,555 mt to catcher
vessels less than 60 feet (18.3 m) 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
[[Page 12294]]
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 to catcher vessels less than 60 feet (18.3
m) 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 March 1, 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: March 2, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-5075 Filed 3-2-11; 4:15 pm]
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