[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49678-49679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20556]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
RIN 0648-XY034


Fisheries of the Exclusive Economic Zone Off Alaska; Several 
Groundfish Species 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; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) and Community Development Quota 
(CDQ) of Bering Sea and Aleutian Islands (BSAI) arrowtooth flounder and 
to the ITAC of Aleutian Islands (AI) Greenland turbot, AI sablefish, 
Bering Sea (BS) sablefish, BS ``other rockfish,'' Bering Sea and 
Eastern Aleutian Islands (BS/EAI) blackspotted/rougheye rockfish, 
Central Aleutian Islands and Western Aleutian Islands (CAI/WAI) 
blackspotted/rougheye rockfish, BSAI northern rockfish, BSAI sharks, 
and BSAI shortraker rockfish. This action is necessary to allow the 
fisheries to continue operating. It is intended to promote the goals 
and objectives of the fishery management plan for the BSAI management 
area.

DATES: Effective September 18, 2019, through 2400 hrs, Alaska local 
time, December 31, 2019. Comments must be received at the following 
address no later than 4:30 p.m., Alaska local time, October 3, 2019.

ADDRESSES: Submit your comments, identified by docket number NOAA-NMFS-
2018-0089, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/docket?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. 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, etc.), 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: Steve Whitney, 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 ITAC of AI Greenland turbot was established as 144 metric 
tons (mt), the 2019 CDQ and ITAC of AI sablefish was established as 
1,971 mt, the 2019 CDQ and ITAC of BS sablefish was established as 
1,433 mt, the 2019 ITAC of BS ``other rockfish'' was established as 234 
mt, the 2019 ITAC of BS/EAI blackspotted/rougheye rockfish was 
established as 64 mt, the 2019 ITAC of CAI/WAI blackspotted/rougheye 
rockfish was established as 173 mt, the 2019 CDQ and ITAC of BSAI 
arrowtooth flounder was established as 7,656 mt, the 2019 ITAC of BSAI 
northern rockfish was established as 5,525 mt, the 2019 ITAC of BSAI 
sharks was established as 106 mt, and the 2019 ITAC of BSAI shortraker 
rockfish was established as 304 mt by the final 2019 and 2020 harvest 
specifications for groundfish of the BSAI (84 FR 9000, March 13, 2019). 
In accordance with Sec.  679.20(a)(3) the Regional Administrator, 
Alaska Region, NMFS, has reviewed the most current available data and 
finds that the ITACs for AI Greenland turbot, AI sablefish, BS 
sablefish, BS ``other rockfish,'' BS/EAI blackspotted/rougheye 
rockfish, CAI/WAI blackspotted/rougheye rockfish, BSAI northern 
rockfish, BSAI sharks, BSAI shortraker rockfish, and the CDQ and ITAC 
for BSAI arrowtooth flounder need to be supplemented from the non-
specified reserve to promote efficiency in the utilization of fishery 
resources in

[[Page 49679]]

the BSAI and allow fishing operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish to ITACs and CDQ in the 
BSAI management area as follows: 25 mt to AI Greenland turbot, 37 mt to 
AI sablefish, 56 mt to BS sablefish, 450 mt to BS ``other rockfish,'' 
11 mt to BS/EAI blackspotted/rougheye rockfish, 31 mt to CAI/WAI 
blackspotted/rougheye rockfish, 1,344 mt to BSAI arrowtooth flounder, 
3,000 mt to BSAI northern rockfish, 19 mt to BSAI sharks, and 54 mt to 
BSAI shortraker rockfish. These apportionments are consistent with 
Sec.  679.20(b)(1)(i) and do not result in overfishing of any target 
species because the revised ITACs and total allowable catches (TACs) 
are equal to or less than the specifications of the acceptable 
biological catch in the final 2019 and 2020 harvest specifications for 
groundfish in the BSAI (84 FR 9000, March 13, 2019).
    The harvest specification for the 2019 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows: 169 mt for AI Greenland turbot, 2,008 mt for AI sablefish, 
1,489 mt for BS sablefish, 684 mt for BS ``other rockfish,'' 75 mt for 
BS/EAI blackspotted/rougheye rockfish, 204 mt for CAI/WAI blackspotted/
rougheye rockfish, 9,000 mt for BSAI arrowtooth flounder, 8,525 mt for 
BSAI northern rockfish, 125 mt for BSAI sharks, and 358 mt for BSAI 
shortraker rockfish.

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) and Sec.  679.20(b)(3)(iii)(A) as such a 
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 apportionment of the non-specified 
reserves of groundfish to the AI Greenland turbot, AI sablefish, BS 
sablefish, BS ``other rockfish,'' BS/EAI blackspotted/rougheye 
rockfish, CAI/WAI blackspotted/rougheye rockfish, BSAI arrowtooth 
flounder, BSAI northern rockfish, BSAI sharks, and BSAI shortraker 
rockfish. 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 September 11, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until October 3, 
2019.
    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: September 18, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-20556 Filed 9-18-19; 4:15 pm]
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