[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Rules and Regulations]
[Page 45115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18560]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 1807136333-9174-02]
RIN 0648-XY020
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Equal to or Greater Than 60 Feet (18.3 Meters)
Length Overall Using Hook-and-Line Gear 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 cod by
catcher vessels equal to or greater than 60 feet (18.3 meters (m))
length overall (LOA) using hook-and-line gear in the Bering Sea and
Aleutian Islands management area (BSAI). This action is necessary to
prevent exceeding the 2019 Pacific cod total allowable catch allocated
to catcher vessels equal to or greater than 60 feet (18.3 m) LOA using
hook-and-line gear in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 23,
2019, through 2400 hours, A.l.t., December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 cod total allowable catch (TAC) allocated to
catcher vessels equal to or greater than 60 feet (18.3 m) LOA using
hook-and-line gear in the BSAI is zero metric tons (mt) as established
by the final 2019 and 2020 harvest specifications for groundfish in the
BSAI (84 FR 9000, March 13, 2019) and inseason adjustment (84 FR 43727,
August 22, 2019).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
2019 Pacific cod TAC allocated as a directed fishing allowance to
catcher vessels equal to or greater than 60 feet (18.3 m) LOA using
hook-and-line gear in the BSAI has been reached. Consequently, NMFS is
prohibiting directed fishing for Pacific cod by catcher vessels equal
to or greater than 60 feet (18.3 m) LOA using hook-and-line gear in the
BSAI.
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 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 directed fishing for Pacific cod by catcher
vessels equal to or greater than 60 feet (18.3 m) LOA using hook-and-
line gear in the BSAI. NMFS was unable to publish a notice providing
time for public comment because the most recent, relevant data only
became available as of August 22, 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. 1901 et seq.
Dated: August 23, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-18560 Filed 8-23-19; 4:15 pm]
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