2024-20993. 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-XE270]

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 American Fisheries Act (AFA) catcher/processor vessels to Amendment 80 vessels in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2024 total allowable catch (TAC) of Pacific cod to be harvested.

DATES:

Effective September 11, 2024, through 2400 hours, Alaska local time (A.l.t.), December 31, 2024.

FOR FURTHER INFORMATION CONTACT:

Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION:

NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) ( print page 75506) 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 part 600 and 50 CFR part 679.

TAC specified for AFA catcher/processor vessels in the BSAI is 3,201 metric tons (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 allocated to Amendment 80 vessels in the BSAI is 18,647 mt as established by 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 AFA catcher/processor vessels will not be able to harvest 1,500 mt of the AFA catcher/processor vessels 2024 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)( 7). Therefore, in accordance with § 679.20(a)(7)(iii)(B), NMFS apportions 1,500 mt of Pacific cod from AFA catcher/processor vessels to Amendment 80 vessels.

The harvest specifications for 2024 Pacific cod included in final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) are revised as follows: 1,701 mt to AFA catcher/processor vessels and 20,147 mt to Amendment 80 vessels.

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, 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 AFA catcher/processor vessels to Amendment 80 vessels. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 10, 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: September 11, 2024.

Karen H. Abrams,

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