[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Rules and Regulations]
[Pages 65927-65928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26031]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02; RTID 0648-XY056]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch 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.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch
in the Bering Sea subarea of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the 2019 Pacific
[[Page 65928]]
Ocean perch total allowable catch (TAC) in the Bering Sea subarea of
the BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 27,
2019, through 2400 hrs, 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 Pacific ocean perch TAC in the Bering Sea subarea of the
BSAI is 14,675 metric tons (mt) as established by the final 2019 and
2020 harvest specifications for groundfish in the BSAI and groundfish
reserve release (84 FR 9000, March 13, 2019 and 84 FR 57653, October
28, 2019).
The Regional Administrator has determined that the 2019 TAC for
Pacific Ocean perch in the Bering Sea subarea of the BSAI will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 14,625 mt, and is setting aside the
remaining 50 mt as bycatch to support other anticipated groundfish
fisheries. Consequently, in accordance with Sec. 679.20(d)(1)(iii),
NMFS is prohibiting directed fishing for Pacific ocean perch in the
Bering Sea subarea of the BSAI. While this closure remains in effect
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 directed fishing closure of Pacific ocean perch in the
Bering Sea subarea of the BSAI. NMFS was unable to publish a
notification providing time for public comment because the most recent,
relevant data only became available as November 25, 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: November 26, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-26031 Filed 11-27-19; 8:45 am]
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