[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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