[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Rules and Regulations]
[Pages 39209-39210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17114]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
[RTID 0648-XY005]


Fisheries of the Exclusive Economic Zone Off Alaska; 
Blackspotted/Rougheye Rockfish in the Western and Central Aleutian 
Districts 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 blackspotted/rougheye 
rockfish in the Western and Central Aleutian Districts of the Bering 
Sea and Aleutian Islands

[[Page 39210]]

management area (BSAI). This action is necessary because the 2019 
blackspotted/rougheye rockfish total allowable catch (TAC) in the 
Western and Central Districts of the BSAI has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 6, 
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 blackspotted/rougheye rockfish TAC in the Western and 
Central Aleutian Districts of the BSAI is 173 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 blackspotted/rougheye 
rockfish TAC in the Western and Central Aleutian Districts of the BSAI 
has been reached. Therefore, NMFS is requiring that blackspotted/
rougheye rockfish in the Western and Central Aleutian Districts of the 
BSAI be treated as prohibited species in accordance with 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 prohibiting retention of blackspotted/rougheye rockfish in 
the Western and Central Aleutian Districts 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 August 5, 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 Sec.  679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: August 6, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-17114 Filed 8-6-19; 4:15 pm]
 BILLING CODE 3510-22-P