[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Rules and Regulations]
[Pages 65927-65928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26031]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02; RTID 0648-XY056]


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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
in the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2019 Pacific

[[Page 65928]]

Ocean perch total allowable catch (TAC) in the Bering Sea subarea of 
the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 27, 
2019, through 2400 hrs, A.l.t., December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 Pacific ocean perch TAC in the Bering Sea subarea of the 
BSAI is 14,675 metric tons (mt) as established by the final 2019 and 
2020 harvest specifications for groundfish in the BSAI and groundfish 
reserve release (84 FR 9000, March 13, 2019 and 84 FR 57653, October 
28, 2019).
    The Regional Administrator has determined that the 2019 TAC for 
Pacific Ocean perch in the Bering Sea subarea of the BSAI will soon be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 14,625 mt, and is setting aside the 
remaining 50 mt as bycatch to support other anticipated groundfish 
fisheries. Consequently, in accordance with Sec.  679.20(d)(1)(iii), 
NMFS is prohibiting directed fishing for Pacific ocean perch in the 
Bering Sea subarea of the BSAI. While this closure remains in effect 
the maximum retainable amounts at Sec.  679.20(e) and (f) apply at any 
time during a trip.

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 directed fishing closure of Pacific ocean perch in the 
Bering Sea subarea of the BSAI. NMFS was unable to publish a 
notification providing time for public comment because the most recent, 
relevant data only became available as November 25, 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.
    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 26, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-26031 Filed 11-27-19; 8:45 am]
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