[Federal Register Volume 84, Number 11 (Wednesday, January 16, 2019)]
[Rules and Regulations]
[Page 121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00067]
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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. 11 / Wednesday, January 16, 2019 /
Rules and Regulations
[[Page 121]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170817779-8161-02]
RIN 0648-XG698
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by 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
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 less than 60 feet (18.3 meters (m)) length overall
(LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the 2019 Pacific cod total allowable catch allocated to
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or
pot gear in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 12,
2019, through 2400 hours, A.l.t., December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone 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 2019 Pacific cod total allowable catch (TAC) allocated to
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or
pot gear in the BSAI is 3,214 metric tons (mt) as established by the
final 2018 and 2019 harvest specifications for groundfish in the BSAI
(83 FR 8365, February 27, 2018) and inseason adjustment (83 FR 67144,
December 28, 2018).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
2019 Pacific cod TAC allocated as a directed fishing allowance to
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or
pot gear in the BSAI will soon be reached. Consequently, NMFS is
prohibiting directed fishing for Pacific cod by catcher vessels less
than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.
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 closure of directed fishing for Pacific cod by catcher
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear
in the BSAI. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of January 10, 2019.
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. 1901 et seq.
Dated: January 11, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-00067 Filed 1-11-19; 4:15 pm]
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