Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska, 367 [2019-00153]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 17 (Friday, January 25, 2019)]
[Rules and Regulations]
[Page 367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00153]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 84, No. 17 / Friday, January 25, 2019 / Rules 
and Regulations

[[Page 367]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG731


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels 
Using Pot Gear 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard 
limits, and operating as catcher vessels (CVs) using pot gear, in the 
Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the A season allowance of the 2019 
Pacific cod sideboard limit established for non-AFA crab vessels that 
are operating as CVs using pot gear in the Western Regulatory Area of 
the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 22, 
2019, through 1200 hours, A.l.t., June 10, 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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The A season allowance of the 2019 Pacific cod sideboard limit 
established for non-AFA crab vessels, and that are operating as CVs 
using pot gear in the Western Regulatory Area of the GOA, is 320 metric 
tons (mt), as established by the final 2018 and 2019 harvest 
specifications for groundfish of the GOA (83 FR 8768, March 1, 2018).
    In accordance with Sec.  680.22(e)(2)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the A season 
allowance of the 2019 Pacific cod sideboard limit established for non-
AFA crab vessels that are operating as CVs using pot gear in the 
Western Regulatory Area of the GOA will soon be reached. Therefore, the 
Regional Administrator is establishing a sideboard directed fishing 
allowance of 310 mt, and is setting aside the remaining 10 mt as 
bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  680.22(e)(3), the Regional Administrator finds 
that this sideboard directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
non-AFA crab vessels that are operating as CVs using pot gear in the 
Western Regulatory Area of the GOA.
    After the effective date of this closure 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 sideboard directed fishing closure of Pacific cod for 
non-AFA crab vessels that are subject to sideboard limits, and that are 
operating as CVs using pot gear in the Western 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 January 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.  680.22 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 22, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-00153 Filed 1-22-19; 4:15 pm]
 BILLING CODE 3510-22-P