Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of Alaska

Published date04 September 2019
Citation84 FR 46457
Record Number2019-19045
SectionRules and Regulations
CourtNational Oceanic And Atmospheric Administration
Federal Register, Volume 84 Issue 171 (Wednesday, September 4, 2019)
[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
                [Rules and Regulations]
                [Pages 46457-46458]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-19045]
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                DEPARTMENT OF COMMERCE
                National Oceanic and Atmospheric Administration
                50 CFR Part 679
                [Docket No. 180831813-9170-02]
                RIN 0648-XY018
                Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
                by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of
                Alaska
                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 Central Regulatory Area of the
                Gulf of Alaska (GOA). This action is necessary to prevent exceeding the
                annual allowance of the 2019 Pacific cod total allowable catch
                apportioned to trawl catcher vessels in the Central Regulatory Area of
                the GOA.
                DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1,
                2019, through 2400 hours, A.l.t., December 31, 2019.
                FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
                SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
                GOA exclusive economic zone according to the Fishery Management Plan
                for Groundfish of the Gulf of Alaska (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
                [[Page 46458]]
                CFR part 600 and 50 CFR part 679. Regulations governing sideboard
                protections for GOA groundfish fisheries appear at subpart B of 50 CFR
                part 680.
                 The annual allowance of the 2019 Pacific cod total allowable catch
                (TAC) apportioned to trawl catcher vessels in the Central Regulatory
                Area of the GOA not participating in the cooperative fishery of the
                Rockfish Program is 2,148 metric tons (mt), as established by the final
                2019 and 2020 harvest specifications for groundfish of the GOA (84 FR
                9416, March 14, 2019).
                 In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
                Region, NMFS (Regional Administrator) has determined that the annual
                allowance of the 2019 Pacific cod TAC apportioned to trawl catcher
                vessels in the Central Regulatory Area of the GOA is necessary to
                account for the incidental catch in other anticipated fisheries.
                Therefore, the Regional Administrator is establishing a directed
                fishing allowance of 0 mt and is setting aside the remaining 2,148 mt
                as bycatch 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 Central Regulatory Area of the
                GOA. While this closure is effective the maximum retainable amounts at
                Sec. 679.20(e) and (f) apply at any time during a trip. This closure
                does not apply to fishing by vessels participating in the cooperative
                fishery of the Rockfish Program for the Central GOA.
                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 cod by catcher
                vessels using trawl gear in the Central Regulatory Area of the GOA.
                NMFS was unable to publish a notice providing time for public comment
                because the most recent, relevant data only became available as of
                August 28, 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: August 29, 2019.
                Jennifer M. Wallace,
                Acting Director, Office of Sustainable Fisheries, National Marine
                Fisheries Service.
                [FR Doc. 2019-19045 Filed 8-29-19; 4:15 pm]
                 BILLING CODE 3510-22-P
                

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