[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45925-45926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18948]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02]
RIN 0648-XY007
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
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; modification of a closure; request for
comments.
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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
vessels less than 60 feet (18.3 meters) length overall (LOA) using
hook-and-line or pot gear in the Bering Sea and Aleutian Islands
Management Area (BSAI). This action is necessary to fully use the 2019
total allowable catch of Pacific cod allocated to catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1,
2019, through 2400 hours, A.l.t., December 31, 2019. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
September 18, 2019.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2018-0089, by
either of the following methods:
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0089, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 parts 600 and 679.
NMFS closed directed fishing for Pacific cod by catcher vessels
less than 60 feet LOA using hook-and-line or pot gear in the BSAI under
Sec. 679.20(d)(1)(iii) on January 12, 2019 (84 FR 121, January 16,
2019).
NMFS has determined that as of August 27, 2019, approximately 2,650
metric tons of Pacific cod remain in the 2019 Pacific cod apportionment
for catcher vessels less than 60 feet LOA using hook-and-line or pot
gear in the BSAI. Therefore, in accordance with Sec. 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2019 total
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating
the previous closure and is opening directed fishing for Pacific cod by
catcher vessels less than 60 feet LOA using hook-and-line or pot gear
in the BSAI. The Administrator, Alaska Region, NMFS, (Regional
Administrator) considered the following factors in reaching this
decision: (1) The current catch of Pacific cod by catcher vessels less
than 60 feet LOA using hook-and-line or pot gear in the BSAI and, (2)
the harvest capacity and stated intent on future harvesting patterns of
vessels in participating in this fishery.
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
[[Page 45926]]
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 opening of directed fishing for Pacific cod
by catcher vessels less than 60 feet LOA using hook-and-line or pot
gear in the BSAI. Immediate notification is necessary to allow for the
orderly conduct and efficient operation of this fishery, to allow the
industry to plan for the fishing season, and to avoid potential
disruption to the fishing fleet and processors. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of August 27, 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.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod by catcher vessels less than 60 feet LOA using hook-
and-line or pot gear in the BSAI to be harvested in an expedient manner
and in accordance with the regulatory schedule. Under Sec.
679.25(c)(2), interested persons are invited to submit written comments
on this action to the above address until September 18, 2019.
This action is required by Sec. 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 28, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-18948 Filed 8-28-19; 4:15 pm]
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