[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Rules and Regulations]
[Pages 65314-65315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25816]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02; RTID 0648-XY055]


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 and Aleutian Islands 
(BSAI) sculpins and to the total allowable catch (TAC) of Aleutian 
Islands (AI) Greenland turbot, Bering Sea (BS) ``other rockfish,'' BSAI 
arrowtooth flounder, BSAI sharks, BSAI shortraker rockfish, 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 November 26, 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, December 11, 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 BSAI sculpins was established as 4,250 mt, the 2019 
TAC of AI Greenland turbot was established as 169 mt, the 2019 TAC of 
BS ``other rockfish'' was established as 684, the 2019 TAC of BSAI 
arrowtooth flounder was established as 10,200 mt, the 2019 TAC of BSAI 
sharks was established as 145 mt, the 2019 TAC of BSAI shortraker 
rockfish was established as 358 mt, and the 2019 TAC of BS/EAI 
blackspotted/rougheye rockfish was established as 95 mt by the final 
2019 and 2020 harvest specifications for groundfish of the BSAI (84 FR 
9000, March 13, 2019) and reserve releases (84 FR 49678, September 23, 
2019 and 84 FR 57653, October 28, 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 AI Greenland turbot, BS ``other rockfish'', BSAI arrowtooth 
flounder, BSAI sculpins, BSAI sharks, BSAI shortraker rockfish, 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: 10 mt to AI Greenland turbot, 100 mt 
to BS ``other rockfish'', 1,252 mt to BSAI arrowtooth flounder, 1,358 
mt to BSAI sculpins, 10 mt to BSAI sharks, 42 mt to BSAI shortraker 
rockfish, and 10 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: 179 mt for AI Greenland turbot, 784 mt for BS ``other 
rockfish'', 11,452 mt for BSAI arrowtooth flounder, 5,608 mt for BSAI 
sculpins, 155 mt for BSAI sharks, 400 mt for BSAI shortraker rockfish, 
and 105 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 AI Greenland turbot, BS ``other 
rockfish'', BSAI arrowtooth flounder, BSAI sculpins, BSAI sharks, BSAI 
shortraker rockfish, and 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 notice 
providing time for public comment because the most recent, relevant 
data only became available as of November 19, 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.

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    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until December 
11, 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: November 22, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-25816 Filed 11-26-19; 8:45 am]
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