Fisheries of the Exclusive Economic Zone Off Alaska; Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area

Published date23 September 2019
Record Number2019-20556
SectionRules and Regulations
CourtNational Oceanic And Atmospheric Administration
Federal Register, Volume 84 Issue 184 (Monday, September 23, 2019)
[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
                [Rules and Regulations]
                [Pages 49678-49679]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-20556]
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                DEPARTMENT OF COMMERCE
                National Oceanic and Atmospheric Administration
                50 CFR Part 679
                [Docket No. 180713633-9174-02]
                RIN 0648-XY034
                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) and Community Development Quota
                (CDQ) of Bering Sea and Aleutian Islands (BSAI) arrowtooth flounder and
                to the ITAC of Aleutian Islands (AI) Greenland turbot, AI sablefish,
                Bering Sea (BS) sablefish, BS ``other rockfish,'' Bering Sea and
                Eastern Aleutian Islands (BS/EAI) blackspotted/rougheye rockfish,
                Central Aleutian Islands and Western Aleutian Islands (CAI/WAI)
                blackspotted/rougheye rockfish, BSAI northern rockfish, BSAI sharks,
                and BSAI shortraker 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 September 18, 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, October 3, 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 of AI Greenland turbot was established as 144 metric
                tons (mt), the 2019 CDQ and ITAC of AI sablefish was established as
                1,971 mt, the 2019 CDQ and ITAC of BS sablefish was established as
                1,433 mt, the 2019 ITAC of BS ``other rockfish'' was established as 234
                mt, the 2019 ITAC of BS/EAI blackspotted/rougheye rockfish was
                established as 64 mt, the 2019 ITAC of CAI/WAI blackspotted/rougheye
                rockfish was established as 173 mt, the 2019 CDQ and ITAC of BSAI
                arrowtooth flounder was established as 7,656 mt, the 2019 ITAC of BSAI
                northern rockfish was established as 5,525 mt, the 2019 ITAC of BSAI
                sharks was established as 106 mt, and the 2019 ITAC of BSAI shortraker
                rockfish was established as 304 mt by the final 2019 and 2020 harvest
                specifications for groundfish of the BSAI (84 FR 9000, March 13, 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 for AI Greenland turbot, AI sablefish, BS
                sablefish, BS ``other rockfish,'' BS/EAI blackspotted/rougheye
                rockfish, CAI/WAI blackspotted/rougheye rockfish, BSAI northern
                rockfish, BSAI sharks, BSAI shortraker rockfish, and the CDQ and ITAC
                for BSAI arrowtooth flounder need to be supplemented from the non-
                specified reserve to promote efficiency in the utilization of fishery
                resources in
                [[Page 49679]]
                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 CDQ in the
                BSAI management area as follows: 25 mt to AI Greenland turbot, 37 mt to
                AI sablefish, 56 mt to BS sablefish, 450 mt to BS ``other rockfish,''
                11 mt to BS/EAI blackspotted/rougheye rockfish, 31 mt to CAI/WAI
                blackspotted/rougheye rockfish, 1,344 mt to BSAI arrowtooth flounder,
                3,000 mt to BSAI northern rockfish, 19 mt to BSAI sharks, and 54 mt to
                BSAI shortraker 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 total allowable catches (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: 169 mt for AI Greenland turbot, 2,008 mt for AI sablefish,
                1,489 mt for BS sablefish, 684 mt for BS ``other rockfish,'' 75 mt for
                BS/EAI blackspotted/rougheye rockfish, 204 mt for CAI/WAI blackspotted/
                rougheye rockfish, 9,000 mt for BSAI arrowtooth flounder, 8,525 mt for
                BSAI northern rockfish, 125 mt for BSAI sharks, and 358 mt for BSAI
                shortraker 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, AI sablefish, BS
                sablefish, BS ``other rockfish,'' BS/EAI blackspotted/rougheye
                rockfish, CAI/WAI blackspotted/rougheye rockfish, BSAI arrowtooth
                flounder, BSAI northern rockfish, BSAI sharks, and BSAI shortraker
                rockfish. 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 September 11, 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.
                 Under Sec. 679.20(b)(3)(iii), interested persons are invited to
                submit written comments on this action (see ADDRESSES) until October 3,
                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: September 18, 2019.
                Jennifer M. Wallace,
                Acting Director, Office of Sustainable Fisheries, National Marine
                Fisheries Service.
                [FR Doc. 2019-20556 Filed 9-18-19; 4:15 pm]
                BILLING CODE 3510-22-P
                

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