2024-25648. Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

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Department of Commerce

National Oceanic and Atmospheric Administration

1. 50 CFR Part 679
2. [Docket No. 240304-0068; RTID 0648-XE445]

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 trawl catcher vessels and from catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using pot gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, Amendment 80 vessels, and catcher/processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2024 total allowable catch (TAC) of Pacific cod to be harvested.

DATES:

Effective October 31, 2024, through 2400 hours, Alaska local time (A.l.t.), December 31, 2024.

FOR FURTHER INFORMATION CONTACT:

Andrew Olson, 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 (Magnuson-Stevens 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 2024 Pacific cod TAC specified for trawl catcher vessels in the BSAI is 28,754 mt as established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) and reallocations (89 FR 67327, August 20, 2024 and 89 FR 79454, September 30, 2024). ( print page 87799)

The 2024 Pacific cod TAC specified for catcher vessels greater than or equal to 60 feet (18.3 meters (m)) LOA using pot gear in the BSAI is 11,620 mt as established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024).

The 2024 Pacific cod TAC specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 6,884 metric tons (mt) as established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) and reallocations (89 FR 24736, April 9, 2024; 89 FR 67327, August 20, 2024; and 89 FR 79454 September 30, 2024).

The 2024 Pacific cod TAC specified for Amendment 80 vessels in the BSAI is 20,147 mt as established by the final 2024 and 2025 harvest specification for groundfish in the BSAI (89 FR 17287, March 11, 2024) and reallocation (89 FR 75505, September 16, 2024).

The 2024 Pacific cod TAC specified for catcher/processors using hook-and-line gear in the BSAI is 67,370 mt as established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024).

The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that trawl catcher vessels will not be able to harvest 800 mt of the 2024 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)( 9) and catcher vessels greater than or equal to 60 feet (18.3 meters (m)) LOA using pot gear will not be able to harvest 600 mt of the 2024 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)( 5).

Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS reallocates 500 mt from trawl catcher vessels and 600 mt from catcher vessels greater than or equal to 60 feet (18.3 meters (m)) LOA using pot gear to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, and hook-and-line catcher/processors. In accordance with § 679.20(a)(7)(iii)(B), NMFS reallocates 300 mt from trawl catcher vessels to Amendment 80 vessels.

The harvest specifications for 2024 Pacific cod included in the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) and reallocations (89 FR 24736, April 9, 2024; 89 FR 67327, August 20, 2024; 89 FR 75505, September 16, 2024; and 89 FR 79454 September 30, 2024) are revised as follows: 27,954 mt to trawl catcher vessels, 11,020 mt to catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear, 7,384 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, 20,447 mt to Amendment 80 vessels, and 67,970 mt to catcher/processors using hook-and-line gear.

Classification

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 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 October 30, 2024.

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: October 30, 2024.

Karen H. Abrams,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.