[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Rules and Regulations]
[Page 31517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14088]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
RIN 0648-XH079


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in 
the Bering Sea Subarea of 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 retention of non-Community Development 
Quota (CDQ) sablefish by vessels using trawl gear in the Bering Sea 
subarea of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary because the 2019 non-CDQ sablefish initial 
total allowable catch (ITAC) in the Bering Sea subarea of the BSAI will 
be reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 29, 2019, 
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 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 non-CDQ sablefish trawl ITAC in the Bering Sea subarea of 
the BSAI is 633 metric tons (mt) 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.  679.20(d)(2), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the 2019 non-CDQ sablefish trawl ITAC in the Bering Sea 
subarea of the BSAI will soon be reached. Therefore, NMFS is requiring 
that non-CDQ sablefish caught with vessels using trawl gear in the 
Bering Sea subarea of the BSAI be treated as prohibited species in 
accordance with Sec.  679.21(b).

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 prohibited retention of non-CDQ sablefish by vessels 
using trawl gear in the Bering Sea subarea of the BSAI. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as June 26, 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. Sec.  679.20 and 679.21 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 27, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-14088 Filed 6-27-19; 4:15 pm]
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