Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area

• Published date: 20 March 2019
• Citation: 84 FR 10268
• Record Number: 2019-05284
• Section: Rules and Regulations
• Court: National Oceanic And Atmospheric Administration

Federal Register, Volume 84 Issue 54 (Wednesday, March 20, 2019)

[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
                [Rules and Regulations]
                [Page 10268]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-05284]
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                DEPARTMENT OF COMMERCE
                National Oceanic and Atmospheric Administration
                50 CFR Part 679
                [Docket No. 170817779-8161-02]
                RIN 0648-XG901
                Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
                by Catcher Vessels Using Trawl Gear 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; closure.
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                SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
                catcher vessels using trawl gear in the Bering Sea and Aleutian Islands
                management area (BSAI). This action is necessary to prevent exceeding
                the A season apportionment of the 2019 Pacific cod total allowable
                catch allocated to catcher vessels using trawl gear in the BSAI.
                DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 16,
                2019, through 1200 hours, A.l.t., April 1, 2019.
                FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 A season apportionment of the 2019 Pacific cod total allowable
                catch (TAC) allocated to catcher vessels using trawl gear in the BSAI
                is 26,388 metric tons (mt) as established by the final 2019 and 2020
                harvest specifications for groundfish in the BSAI (84 FR 9000, March
                13, 2019).
                 In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
                Region, NMFS (Regional Administrator), has determined that the A season
                apportionment of the 2019 Pacific cod TAC allocated to trawl catcher
                vessels in the BSAI will soon be reached. Therefore, the Regional
                Administrator is establishing a directed fishing allowance of 24,000 mt
                and is setting aside the remaining 2,388 mt as incidental catch to
                support other anticipated groundfish fisheries. In accordance with
                Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this
                directed fishing allowance has been reached. Consequently, NMFS is
                prohibiting directed fishing for Pacific cod by catcher vessels using
                trawl gear in the BSAI.
                 While this closure is effective 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 closure of directed fishing for Pacific cod by catcher
                vessels using trawl gear in 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 March 14, 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: March 15, 2019.
                Karen H. Abrams,
                Acting Director, Office of Sustainable Fisheries, National Marine
                Fisheries Service.
                [FR Doc. 2019-05284 Filed 3-15-19; 4:15 pm]
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