[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Rules and Regulations]
[Pages 57653-57654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23469]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
RIN 0648-XY049


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) of Bering Sea (BS) Pacific ocean 
perch, Bering Sea and Aleutian Islands (BSAI) Alaska plaice, and BSAI 
Kamchatka flounder; and to the to the total allowable catch (TAC) of 
BSAI arrowtooth flounder, BSAI northern rockfish, BSAI sharks, and 
Bering Sea and Eastern Aleutian Islands (BS/EAI) blackspotted/rougheye 
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 October 23, 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, November 7, 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 eRulemaking 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.

[[Page 57654]]

    The 2019 ITAC of BS Pacific ocean perch was established as 12,474 
mt, the 2019 ITAC of BSAI Alaska plaice was established as 15,300 mt, 
the 2019 ITAC of BSAI Kamchatka flounder was established as 4,250 mt, 
the 2019 TAC of BSAI arrowtooth flounder was established as 9,000 mt, 
the 2019 TAC of BSAI northern rockfish was established as 8,525 mt, the 
2019 TAC of BSAI sharks was established as 125 mt, and the 2019 TAC of 
BS/EAI blackspotted/rougheye rockfish was established as 75 mt by the 
final 2019 and 2020 harvest specifications for groundfish of the BSAI 
(84 FR 9000, March 13, 2019) and reserve release (84 FR 49678, 
September 23, 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 and TACS for BS Pacific ocean 
perch, and BSAI Alaska plaice, BSAI arrowtooth flounder, BSAI Kamchatka 
flounder, BSAI northern rockfish, BSAI sharks, and BS/EAI blackspotted/
rougheye rockfish need to be supplemented from the non-specified 
reserve to promote efficiency in the utilization of fishery resources 
in 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 TACs in the 
BSAI management area as follows: 2,201 mt to BS Pacific ocean perch, 
1,000 mt to BSAI Alaska plaice, 1,200 mt to BSAI arrowtooth flounder, 
300 mt to BSAI Kamchatka flounder, 600 mt to BSAI northern rockfish, 20 
mt to BSAI sharks, and 20 mt to BS/EAI blackspotted/rougheye 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 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: 14,675 mt for BS Pacific ocean perch, 16,300 mt for BSAI 
Alaska plaice, 10,200 mt for BSAI arrowtooth flounder, 4,550 mt for 
BSAI Kamchatka flounder, 9,125 mt for BSAI northern rockfish, 145 mt 
for BSAI sharks, and 95 mt for BS/EAI blackspotted/rougheye 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 BS Pacific ocean perch, the BSAI Alaska 
plaice, the BSAI arrowtooth flounder, the BSAI Kamchakta flounder, the 
BSAI northern rockfish, the BSAI sharks, and the BS/EAI blackspotted/
rougheye rockfish ITACs and TACs. 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 notification providing time for public comment 
because the most recent, relevant data only became available as of 
October 18, 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 November 
7, 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: October 23, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-23469 Filed 10-23-19; 4:15 pm]
 BILLING CODE 3510-22-P