Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 50 Feet Length Overall Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska, 3342-3343 [2019-02038]
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Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Rules and Regulations
28, 2017) and final rule for that action
both clearly described the recreational
fishing season in the preamble, but
neglected to include the measure in the
regulatory text. The Amendment 6 final
rule clearly intended to implement the
recreational closure, and included
formal responses to public comments
regarding the closure. The recreational
season was also included in our public
outreach material about the amendment.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson Stevens Fishery Conservation
and Management Act (MagnusonStevens Act), the Assistant
Administrator for Fisheries, NOAA, has
determined that this rule is consistent
with the Tilefish FMP, other provisions
of the Magnuson-Stevens Act, and other
applicable law.
The Assistant Administrator for
Fisheries finds that there is good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delayed effectiveness provision
of the Administrative Procedure Act for
these specifications. This action will
increase the annual total allowable
landings for the commercial and
recreational fisheries by 15 percent and
will increase the commercial possession
limit from 300 lb (136 kg) to 500 lb (227
kg) per trip. It would be unnecessary
and contrary to the public interest to
provide for prior notice and an
opportunity for public comment for the
implementation of the blueline tilefish
recreational season. The Tilefish
Amendment 6 proposed rule (82 FR
29263; June 28, 2017) described the
recreational fishing season in the
preamble and solicited public comment.
The November 15, 2017, final rule (82
FR 52851) included our response to
public comments on the measure, and
stated the season would be
implemented as proposed. Seeking
additional public comment at this point
would be unlikely to provide new
insight and would further delay final
implementation of the recreational
season. Similarly, the need to
implement this measure in a timely
manner to avoid fishing during a period
we had previously announced the
fishery would be closed constitutes
good cause under authority contained in
5 U.S.C. 553(d)(3), to waive the 30-day
delay in effective date. A delay in the
effective date of the recreational season
would seemingly conflict with the
November 15, 2017, final rule and
would cause confusion among the
public about whether or not the blueline
tilefish recreational fishery is open.
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
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16:31 Feb 11, 2019
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The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: February 6, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14, paragraph (u)(2)(x) is
added to read as follows:
■
§ 648.14
§ 648.296 Tilefish recreational possession
limits and gear restrictions.
*
*
*
*
*
(b) * * * The recreational blueline
tilefish fishery is open May 1 through
October 31, and closed November 1
through April 30.
*
*
*
*
*
[FR Doc. 2019–01929 Filed 2–11–19; 8:45 am]
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Prohibitions.
*
*
*
*
*
(u) * * *
(2) * * *
(x) Engage in recreational fishing for
blueline tilefish outside of the
recreational open season specified at
§ 648.296(b).
*
*
*
*
*
■ 3. In § 648.295, paragraphs (b)(1) and
(2) are revised to read as follows:
§ 648.295 Tilefish commercial trip limits
and landing condition.
*
*
*
*
*
(b) * * *
(1) Commercial possession limit. Any
vessel of the United States fishing under
a tilefish permit, as described at
§ 648.4(a)(12), is prohibited from
possessing more than 500 lb (227 kg) of
gutted blueline tilefish per trip in or
from the Tilefish Management Unit.
(2) In-season adjustment of
possession limit. The Regional
Administrator will monitor the harvest
of the blueline tilefish commercial TAL
based on dealer reports and other
available information.
(i) When 70 percent of the blueline
tilefish commercial TAL will be landed,
the Regional Administrator may publish
PO 00000
a notice in the Federal Register
notifying vessel and dealer permit
holders that, effective upon a specific
date, the blueline tilefish commercial
possession limit is reduced to 300 lb
(136 kg) of gutted blueline tilefish per
trip in or from the Tilefish Management
Unit.
(ii) When 100 percent of the blueline
tilefish commercial TAL will be landed,
the Regional Administrator will publish
a notice in the Federal Register
notifying vessel and dealer permit
holders that, effective upon a specific
date, the blueline tilefish commercial
fishery is closed for the remainder of the
fishing year. No vessel may retain or
land blueline tilefish in or from the
Tilefish Management Unit after the
announced closure date.
*
*
*
*
*
■ 4. In § 648.296, paragraph (b)
introductory text is added to read as
follows:
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–8162–02]
RIN 0648–XG972
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Less Than 50 Feet
Length Overall Using Hook-and-Line
Gear in the Central Regulatory Area of
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
less than 50 feet length overall (LOA)
using hook-and-line gear in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the A season
allowance of the 2019 Pacific cod total
allowable catch apportioned to catcher
SUMMARY:
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Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Rules and Regulations
vessels less than 50 feet LOA using
hook-and-line gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), February 7, 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 MagnusonStevens 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 total allowable catch (TAC)
apportioned to catcher vessels less than
50 feet LOA using hook-and-line gear in
the Central Regulatory Area of the GOA
is 530 metric tons (mt), as established by
the final 2018 and 2019 harvest
specifications for groundfish of the GOA
(83 FR 8768, March 1, 2018).
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In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that the A season allowance
of the 2019 Pacific cod TAC
apportioned to catcher vessels less than
50 feet LOA using hook-and-line gear in
the Central Regulatory Area of the GOA
will soon be reached. Therefore, the
Regional Administrator is establishing a
directed fishing allowance of 455 mt
and is setting aside the remaining 75 mt
as bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 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 cod by
catcher vessels less than 50 feet LOA
using hook-and-line gear in the Central
Regulatory Area of the GOA. After the
effective date of this closure the
maximum retainable amounts at
§ 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
PO 00000
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3343
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 cod by catcher vessels less than
50 feet LOA using hook-and-line gear in
the Central 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 February 5,
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 § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 7, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–02038 Filed 2–7–19; 4:15 pm]
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]]>Agencies
[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Rules and Regulations]
[Pages 3342-3343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02038]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170816769-8162-02]
RIN 0648-XG972
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Less Than 50 Feet Length Overall Using Hook-and-Line
Gear in the Central Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels less than 50 feet length overall (LOA) using hook-and-
line gear in the Central Regulatory Area of the Gulf of Alaska (GOA).
This action is necessary to prevent exceeding the A season allowance of
the 2019 Pacific cod total allowable catch apportioned to catcher
[[Page 3343]]
vessels less than 50 feet LOA using hook-and-line gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 7,
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 total allowable
catch (TAC) apportioned to catcher vessels less than 50 feet LOA using
hook-and-line gear in the Central Regulatory Area of the GOA is 530
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. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the A season
allowance of the 2019 Pacific cod TAC apportioned to catcher vessels
less than 50 feet LOA using hook-and-line gear in the Central
Regulatory Area of the GOA will soon be reached. Therefore, the
Regional Administrator is establishing a directed fishing allowance of
455 mt and is setting aside the remaining 75 mt as bycatch to support
other anticipated groundfish fisheries. 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 cod by catcher vessels less than 50 feet
LOA using hook-and-line gear in the Central 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 directed fishing closure of Pacific cod by catcher
vessels less than 50 feet LOA using hook-and-line gear in the Central
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 February 5, 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: February 7, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-02038 Filed 2-7-19; 4:15 pm]
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