[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64434-64435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25378]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02]
RIN 0648-XY017
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Ocean Perch 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch
in the Eastern Aleutian district (EAI) of the Bering Sea and Aleutian
Islands management area (BSAI) by vessels participating in the BSAI
trawl limited access sector fishery. This action is necessary to
prevent exceeding the 2019 total allowable catch (TAC) of Pacific ocean
perch in the EAI allocated to vessels participating in the BSAI trawl
limited access sector fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 19,
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 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 TAC of Pacific ocean perch, in the EAI, allocated to
vessels participating in the BSAI trawl limited access sector fishery
was established as a directed fishing allowance of 973 metric tons 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)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for Pacific
ocean perch in the EAI by vessels participating in the BSAI trawl
limited access sector fishery. While this closure is effective, 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 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 closure of the Pacific ocean perch directed fishery in
the EAI for vessels participating in the BSAI trawl limited access
sector fishery. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of November 18, 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.
[[Page 64435]]
Dated: November 19, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-25378 Filed 11-19-19; 4:15 pm]
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