[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Rules and Regulations]
[Pages 59588-59589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24153]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180831813-9170-02]
RIN 0648-XY053
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
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SUMMARY: NMFS is reallocating the projected unused amounts of Pacific
cod total allowable catch (TAC) from catcher vessels using trawl gear
to catcher vessels using hook-and-line gear, catcher/processors using
trawl gear, vessels using jig gear, and vessels using pot gear in the
Western Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary to allow the 2019 TAC of Pacific cod in the Western
Regulatory Area of the GOA to be harvested.
DATES: Effective November 1, 2019 through 2400 hours, Alaska local time
(A.l.t.), December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 CFR part 600 and 50 CFR part 679.
The 2019 Pacific cod TAC specified for catcher vessels using hook-
and-line gear in the Western Regulatory Area of the GOA is 73 metric
tons (mt) as established by the final 2019 and 2020 harvest
specifications for groundfish of the GOA (84 FR 9416, March 14, 2019).
The 2019 Pacific cod TAC specified for catcher/processors using
trawl gear in the Western Regulatory Area of the GOA is 125 metric tons
(mt) as established by the final 2019 and 2020 harvest specifications
for groundfish of the GOA (84 FR 9416, March 14, 2019).
The 2019 Pacific cod TAC specified for vessel using jig gear in the
Western Regulatory Area of the GOA is 134 metric tons (mt) as
established by the final 2019 and 2020 harvest specifications for
groundfish of the GOA (84 FR 9416, March 14, 2019).
The 2019 Pacific cod TAC specified for vessels using pot gear in
the Western Regulatory Area of the GOA is 1,980 metric tons (mt) as
established by the final 2019 and 2020 harvest specifications for
groundfish of the GOA (84 FR 9416, March 14, 2019).
The 2019 Pacific cod TAC apportioned to catcher vessels using trawl
gear in the Western Regulatory Area of the GOA is 2,000 metric tons
(mt), as established by the final 2019 and 2020 harvest specifications
for groundfish of the GOA (84 FR 9416, March 14, 2019). The
Administrator, Alaska Region, NMFS, (Regional Administrator) has
determined that catcher vessels using trawl gear will not be able to
harvest 330 mt of the 2019 Pacific cod TAC allocated to those vessels
under Sec. 679.20(a)(12)(i)(A)(3).
In accordance with Sec. 679.20(a)(12)(ii)(B), the Regional
Administrator has also determined that catcher vessels using hook-and-
line
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gear, catcher/processors using trawl gear, vessels using jig gear, and
vessels using pot gear currently have the capacity to harvest this
excess allocation. Therefore, NMFS apportions 330 mt of Pacific cod
from the trawl catcher vessel apportionment to catcher vessels using
hook-and-line gear, catcher/processors using trawl gear, vessels using
jig gear, and vessels using pot gear in the Western Regulatory Area of
the GOA.
The harvest specifications for Pacific cod in the Western
Regulatory Area of the GOA included in the final 2019 and 2020 harvest
specifications for groundfish of the GOA (84 FR 9416, March 14, 2019)
are revised as follows: 1,670 mt to catcher vessels using trawl gear,
155 mt to catcher/processors using trawl gear, 108 mt to vessels using
hook-and-line gear, 184 mt to vessels using jig gear, and 2,195 mt to
vessels using pot gear.
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 reallocations of Pacific cod in the Western Regulatory
Area of the GOA. Since the fishery is currently open, it is important
to immediately inform the industry as to the revised allocations.
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 as well as processors. NMFS was unable to publish a
notice providing time for public comment because the most recent,
relevant data only became available as of October 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: October 31, 2019.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-24153 Filed 10-31-19; 4:15 pm]
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