Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area

• Published date: 02 July 2019
• Citation: 84 FR 31517
• Record Number: 2019-14088
• Section: Rules and Regulations
• Court: National Oceanic And Atmospheric Administration

Federal Register, Volume 84 Issue 127 (Tuesday, July 2, 2019)

[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
                [Rules and Regulations]
                [Page 31517]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-14088]
                -----------------------------------------------------------------------
                DEPARTMENT OF COMMERCE
                National Oceanic and Atmospheric Administration
                50 CFR Part 679
                [Docket No. 180713633-9174-02]
                RIN 0648-XH079
                Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 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.
                -----------------------------------------------------------------------
                SUMMARY: NMFS is prohibiting retention of non-Community Development
                Quota (CDQ) sablefish by vessels using trawl gear in the Bering Sea
                subarea of the Bering Sea and Aleutian Islands management area (BSAI).
                This action is necessary because the 2019 non-CDQ sablefish initial
                total allowable catch (ITAC) in the Bering Sea subarea of the BSAI will
                be reached.
                DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 29, 2019,
                through 2400 hours, 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 non-CDQ sablefish trawl ITAC in the Bering Sea subarea of
                the BSAI is 633 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)(2), the
                Administrator, Alaska Region, NMFS (Regional Administrator), has
                determined that the 2019 non-CDQ sablefish trawl ITAC in the Bering Sea
                subarea of the BSAI will soon be reached. Therefore, NMFS is requiring
                that non-CDQ sablefish caught with vessels using trawl gear in the
                Bering Sea subarea of the BSAI be treated as prohibited species in
                accordance with Sec. 679.21(b).
                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 prohibited retention of non-CDQ sablefish by vessels
                using trawl gear 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 June 26, 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. Sec. 679.20 and 679.21 and is
                exempt from review under Executive Order 12866.
                 Authority: 16 U.S.C. 1801 et seq.
                 Dated: June 27, 2019.
                Alan D. Risenhoover,
                Director, Office of Sustainable Fisheries, National Marine Fisheries
                Service.
                [FR Doc. 2019-14088 Filed 6-27-19; 4:15 pm]
                BILLING CODE 3510-22-P