[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 52039-52040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21180]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02]
RIN 0648-XY039
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch in the Bering Sea 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; modification of a closure.
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SUMMARY: NMFS is opening directed fishing for Pacific ocean perch in
the Bering Sea subarea of the Bering Sea and Aleutian Islands
management area. This action is necessary to fully use the 2019 total
allowable catch of Pacific ocean perch specified for the Bering Sea
subarea of the Bering Sea and Aleutian Islands management area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2019,
through 2400 hrs, A.l.t., December 31, 2019. Comments must be received
at the following address no later than 4:30 p.m., A.l.t., October 16,
2019.
ADDRESSES: Submit your comments, identified by 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
www.regulations.gov/#!docketDetail;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, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be 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
Bering Sea and Aleutian Islands management area (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.
NMFS closed directed fishing for Pacific ocean perch (POP) in the
Bering Sea subarea of the BSAI under Sec. 679.20(d)(1)(iii) (84 FR
9000, March 13, 2019).
NMFS has determined that approximately 6,000 metric tons of POP
remain in the directed fishing allowance. Therefore, in accordance with
Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully
utilize the 2019 total allowable catch of POP in the Bering Sea subarea
of the BSAI, NMFS is terminating the previous closure and
[[Page 52040]]
is opening directed fishing for POP in Bering Sea subarea of the BSAI,
effective 1200 hrs, A.l.t., October 1, 2019, through 2400 hrs, A.l.t.,
December 31, 2019. This will enhance the socioeconomic well-being of
harvesters dependent on POP in this area.
The Administrator, Alaska Region considered the following factors
in reaching this decision: (1) The current catch of POP in the BSAI
and, (2) the harvest capacity and stated intent on future harvesting
patterns of vessels participating in this fishery.
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 opening of POP directed fishing in the Bering Sea
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 September 24, 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.
Without this inseason adjustment, NMFS could not allow the fishery
for POP in the Bering Sea subarea of the BSAI to be harvested in an
expedient manner and in accordance with the regulatory schedule. Under
Sec. 679.25(c)(2), interested persons are invited to submit written
comments on this action to the above address until October 16, 2019.
This action is required by Sec. Sec. 679.20 and 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 25, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-21180 Filed 9-30-19; 8:45 am]
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