[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Rules and Regulations]
[Pages 46686-46687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19167]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02]
RIN 0648-XY019
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
in the Aleutian Islands Subarea 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 directed fishing for Pacific cod, except
for the Community Development Quota program (CDQ), in the Aleutian
Islands subarea of the Bering Sea and Aleutian Islands management area
(BSAI). This action is necessary to prevent exceeding the non-CDQ
allocation of the 2019 Pacific cod total allowable catch (TAC) in the
Aleutian Islands subarea of the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 4,
2019, through 2400 hrs, 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 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 non-CDQ allocation of the 2019 Pacific cod TAC in the Aleutian
Islands subarea of the BSAI is 12,693 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)(1)(i), the Administrator, Alaska Region, NMFS, has determined
that the non-CDQ allocation of the 2019 Pacific cod TAC in the Aleutian
Islands subarea of the BSAI will soon be reached. Therefore, the
Regional Administrator is establishing a directed fishing allowance of
11,393 mt, and is setting aside the remaining 1,300 mt as incidental
catch in directed fishing for other species. 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 in the Aleutian Islands subarea of the
BSAI.
After the effective date of this closure 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 directed fishing closure of non-CDQ Pacific cod in the
Aleutian Islands subarea 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 of August 29, 2019.
The AA also finds good cause to waive the 30-day delay in the
effective
[[Page 46687]]
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 30, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-19167 Filed 8-30-19; 4:15 pm]
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