[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Rules and Regulations]
[Pages 43069-43070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17912]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02]
RIN 0648-XY003
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch 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 ocean perch
in the Western Aleutian district (WAI) of the Bering Sea and Aleutian
Islands management area (BSAI) by vessels
[[Page 43070]]
participating in the BSAI trawl limited access sector fishery. This
action is necessary to prevent exceeding the 2019 total allowable catch
(TAC) of Pacific ocean perch in the WAI allocated to vessels
participating in the BSAI trawl limited access sector fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 15, 2019,
through 2400 hrs, 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 TAC of Pacific ocean perch, in the WAI, allocated to
vessels participating in the BSAI trawl limited access fishery was
established as a directed fishing allowance of 178 metric tons 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)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
ocean perch in the WAI by vessels participating in the BSAI trawl
limited access 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 Pacific ocean perch directed fishery in
the WAI for vessels participating in the BSAI trawl limited access
fishery. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data only became available as
of August 15, 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: August 15, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-17912 Filed 8-15-19; 4:15 pm]
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