[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Page 49067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20187]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180831813-9170-02]
RIN 0648-XY035
Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in
the Western 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 retention of sablefish by vessels using
trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA).
This action is necessary because the 2019 total allowable catch of
sablefish allocated to vessels using trawl gear in the Western
Regulatory Area of the GOA has been reached.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 13,
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
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 CFR part 600 and 50 CFR part 679.
The 2019 total allowable catch (TAC) of sablefish allocated to
vessels using trawl gear in the Western Regulatory Area of the GOA is
316 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)(2), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2019 TAC
of sablefish allocated to vessels using trawl gear in the Western
Regulatory Area of the GOA will be reached. Therefore, NMFS is
requiring that sablefish caught by vessels using trawl gear in the
Western Regulatory Area of the GOA be treated as prohibited species in
accordance with Sec. 679.21(a).
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 prohibiting the retention of sablefish by vessels using
trawl gear in the Western 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 September 12, 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 Sec. 679.21 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 13, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-20187 Filed 9-13-19; 4:15 pm]
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