[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35342-35343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15607]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180831813-9170-02]
RIN 0648-XH099


Fisheries of the Exclusive Economic Zone Off Alaska; 
Reapportionment of the 2019 Gulf of Alaska Pacific Halibut Prohibited 
Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery 
Categories

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reapportionment.

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SUMMARY: NMFS is reapportioning the seasonal apportionments of the 2019 
Pacific halibut prohibited species catch (PSC) limits for the trawl 
deep-water and shallow-water species fishery categories in the Gulf of 
Alaska. This action is necessary to account for the actual halibut PSC 
use by the trawl deep-water and shallow-water species fishery 
categories from May 15, 2019 through June 30, 2019. This action is 
consistent with the goals and objectives of the Fishery Management Plan 
for Groundfish of the Gulf of Alaska.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 18, 2019 
through 2400 hours, A.l.t., December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Gulf of Alaska (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.
    The final 2019 and 2020 harvest specifications for groundfish in 
the GOA (84 FR 9416, March 14, 2019) apportions the 2019 Pacific 
halibut PSC limit for trawl gear in the GOA to two trawl fishery 
categories: A deep-water species fishery and a shallow-water species 
fishery. The halibut PSC limit for these two trawl fishery categories 
is further apportioned by season, including four seasonal 
apportionments to the shallow-water species fishery and four seasonal 
apportionments to the deep-water species fishery. The two fishery 
categories also are apportioned a combined, fifth seasonal halibut PSC 
limit. Unused seasonal apportionments are added to the next season 
apportionment during a fishing year.
    Regulations at Sec.  679.21(d)(4)(iii)(D) require NMFS to combine 
management of the available trawl halibut PSC limits in the second 
season (April 1 through July 1) deep-water and shallow-water species 
fishery categories for use in either fishery from May 15 through June 
30 of each year. Furthermore, NMFS is required to reapportion the 
halibut PSC limit between the deep-water and shallow-water species 
fisheries after June 30 to account for actual halibut PSC use by each 
fishery category during May 15 through June 30. As of July 17, 2019, 
NMFS has determined that the trawl deep-water and shallow-water 
fisheries used 51 metric tons (mt) and 32 mt of halibut PSC, 
respectively, from May 15 through June 30. Accordingly, pursuant to 
Sec.  679.21(d)(4)(iii)(D), the Regional Administrator is 
reapportioning the combined first and second seasonal apportionments 
(860 mt) of halibut PSC limit between the trawl deep-water and shallow-
water fishery categories to account for the actual PSC use (428 mt) in 
each fishery from January 1, 2019 through June 30, 2019. Therefore, 
Table 15 of the final 2019 and 2020 harvest specifications for 
groundfish in the GOA (84 FR 9416, March 14, 2019) is revised 
consistent with this adjustment.

  Table 15--Final 2019 and 2020 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep-
                     Water Species Fishery and the Shallow-Water Species Fishery Categories
                                           [Values are in metric tons]
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                         Season                            Shallow-water      Deep-water \1\         Total
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January 20-April 1.....................................                 19                141                160
April 1-July 1.........................................                 42                226                268
                                                        --------------------------------------------------------
    Subtotal, combined first and second season limit                    61                367                428
     (January 20-July 1)...............................
July 1-August 1........................................                287                607                894
August 1-October 1.....................................                 53                 75                128
                                                        --------------------------------------------------------
    Subtotal January 20-October 1......................                401              1,049              1,450
October 1-December 31 \2\..............................  .................  .................                256
                                                        --------------------------------------------------------
        Total..........................................  .................  .................              1,706
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\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
  season (July 1 through September 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fishery categories during the
  fifth season (October 1 through December 31).

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 allow for harvests that exceed the originally specified 
apportionment of the halibut PSC limits to the deep-water and shallow-
water fishery categories.

[[Page 35343]]

NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of July 
17, 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: July 18, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-15607 Filed 7-18-19; 4:15 pm]
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