[Federal Register Volume 84, Number 4 (Monday, January 7, 2019)]
[Rules and Regulations]
[Page 49]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28472]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 4 / Monday, January 7, 2019 / Rules
and Regulations
[[Page 49]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170816769-8162-02]
RIN 0648-XG714
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Using Hook-and-Line Gear in the Western Regulatory
Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels using hook-and-line gear in the Western Regulatory Area
of the Gulf of Alaska (GOA). This action is necessary to prevent
exceeding the A season allowance of the 2019 Pacific cod total
allowable catch apportioned to catcher vessels using hook-and-line gear
in the Western Regulatory Area of the GOA.
DATES: Effective 0000 hours, Alaska local time (A.l.t.), January 1,
2019, through 1200 hours, A.l.t., June 10, 2019.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA 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 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. Regulations governing sideboard
protections for GOA groundfish fisheries appear at subpart B of 50 CFR
part 680.
The A season allowance of the 2019 Pacific cod total allowable
catch (TAC) apportioned to catcher vessels using hook-and-line gear in
the Western Regulatory Area of the GOA is 36 metric tons (mt), as
established by the final 2018 and 2019 harvest specifications for
groundfish of the GOA (83 FR 8768, March 1, 2018).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the A season
allowance of the 2019 Pacific cod TAC apportioned to catcher vessels
using hook-and-line gear in the Western Regulatory Area of the GOA is
necessary to account for the anticipated incidental catch in other
fisheries. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 0 mt and is setting aside the remaining
36 mt as bycatch to support other anticipated groundfish fisheries. In
accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator
finds that this directed fishing allowance has been reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels using hook-and-line gear in the Western Regulatory Area
of the GOA. After the effective date of this closure the maximum
retainable amounts at Sec. 679.20(e) and (f) apply at any time during
a trip.
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 directed fishing closure of Pacific cod by catcher
vessels using hook-and-line gear in the Western Regulatory Area of the
GOA. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data only became available as
of December 21, 2018.
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: December 31, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-28472 Filed 12-31-18; 4:15 pm]
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