[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Rules and Regulations]
[Pages 46457-46458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19045]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180831813-9170-02]
RIN 0648-XY018


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of 
Alaska

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 using trawl gear in the Central Regulatory Area of the 
Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 
annual allowance of the 2019 Pacific cod total allowable catch 
apportioned to trawl catcher vessels in the Central Regulatory Area of 
the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 
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 
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

[[Page 46458]]

CFR part 600 and 50 CFR part 679. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The annual allowance of the 2019 Pacific cod total allowable catch 
(TAC) apportioned to trawl catcher vessels in the Central Regulatory 
Area of the GOA not participating in the cooperative fishery of the 
Rockfish Program is 2,148 metric tons (mt), as established by the final 
2019 and 2020 harvest specifications for groundfish of the GOA (84 FR 
9416, March 14, 2019).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the annual 
allowance of the 2019 Pacific cod TAC apportioned to trawl catcher 
vessels in the Central Regulatory Area of the GOA is necessary to 
account for the incidental catch in other anticipated fisheries. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 0 mt and is setting aside the remaining 2,148 mt 
as bycatch to support other anticipated groundfish fisheries. 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 cod by 
catcher vessels using trawl gear in the Central Regulatory Area of the 
GOA. While this closure is effective the maximum retainable amounts at 
Sec.  679.20(e) and (f) apply at any time during a trip. This closure 
does not apply to fishing by vessels participating in the cooperative 
fishery of the Rockfish Program for the Central GOA.

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 directed fishing closure of Pacific cod by catcher 
vessels using trawl gear in the Central Regulatory Area of the GOA. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
August 28, 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 29, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-19045 Filed 8-29-19; 4:15 pm]
 BILLING CODE 3510-22-P