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]

Download as PDF 3342 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. VerDate Sep<11>2014 16:31 Feb 11, 2019 Jkt 247001 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] BILLING CODE 3510–22–P 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: Frm 00058 Fmt 4700 Sfmt 4700 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: E:\FR\FM\12FER1.SGM 12FER1 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). VerDate Sep<11>2014 16:31 Feb 11, 2019 Jkt 247001 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 Frm 00059 Fmt 4700 Sfmt 9990 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] BILLING CODE 3510–22–P E:\FR\FM\12FER1.SGM 12FER1

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]


-----------------------------------------------------------------------

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]
BILLING CODE 3510-22-P