[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Rules and Regulations]
[Page 25494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11457]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
RIN 0648-XY001


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole 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 yellowfin sole in the 
Bering Sea and Aleutian Island management area (BSAI) by vessels 
participating in the BSAI trawl limited access sector fishery. This 
action is necessary to prevent exceeding the 2019 Pacific halibut 
prohibited species catch allowance specified for vessels participating 
in the BSAI trawl limited access sector yellowfin sole fishery.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 29, 
through 2400 hours, A.l.t., December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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 halibut prohibited species catch allowance 
specified for vessels participating in the BSAI trawl limited access 
sector yellowfin sole fishery is 150 metric tons as established by the 
final 2019 and 2020 harvest specifications for groundfish in the BSAI 
(84 FR 9000, March 13, 2019).
    In accordance with Sec.  679.21(b)(4)(i)(B), the Regional 
Administrator finds that this prohibited species catch allowance has 
been reached. Consequently, NMFS is prohibiting directed fishing for 
yellowfin sole in the BSAI by vessels participating in the BSAI trawl 
limited access sector yellowfin sole fishery.
    While this closure is effective 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 a 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 the yellowfin sole directed fishery in the 
BSAI for vessels participating in the BSAI trawl limited access sector 
fishery. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of May 28, 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. 1801 et seq.

    Dated: May 29, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-11457 Filed 5-29-19; 4:15 pm]
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