Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of Alaska, 8828 [2019-04464]

Download as PDF 8828 Federal Register / Vol. 84, No. 48 / Tuesday, March 12, 2019 / Rules and Regulations 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 the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification, and the initial certification remains unchanged. As a result, a final regulatory flexibility analysis is not required and none has been prepared. The Assistant Administrator for Fisheries, NOAA, finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness period for this rule, to ensure that the final specifications are in place as close as practicable to the start of the 2019 Atlantic bluefish fishing year, which began on January 1, 2019. This action establishes the final specifications (i.e., annual catch limits) for the bluefish fishery for the 2019 fishing year. A delay in effectiveness well beyond the start of the 2019 fishing year would be contrary to the public interest, as it could create confusion in the commercial bluefish industry. This rule is being issued at the earliest possible date. The proposed rule was prepared and published in December 2018, and the public comment period ended on January 10, 2019. The partial Federal government shutdown prevented any work on this action from December 22, 2018, through January 25, 2019. We had expected to prepare and publish this final rule in January but were unable to do so because of the shutdown. A 30-day delay in effectiveness would only prolong the amount of time the bluefish fishery is forced to function in the 2019 fishing year without established specifications, which is contrary to the public interest. Furthermore, regulated parties do not require any additional time to come into compliance with this rule, and thus, a 30-day delay does not provide any benefit. Unlike actions that require an adjustment period to comply with new rules, bluefish fishery participants will not have to purchase new equipment or otherwise expend time or money to comply with these status quo management measures. Rather, complying with this final rule simply means adhering to the catch limits and management measures set for bluefish fishing year 2019. Therefore, there would be no benefit to delaying the implementation of these specifications. For these reasons, a 30-day delay in effectiveness would be contrary to the VerDate Sep<11>2014 16:10 Mar 11, 2019 Jkt 247001 public interest, and is therefore waived. As a result, there is good cause to implement these specifications on March 12, 2019. Authority: 16 U.S.C. 1801 et seq. Dated: March 7, 2019. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2019–04506 Filed 3–11–19; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769–8162–02] RIN 0648–XG884 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in 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 pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2019 total allowable catch of pollock for Statistical Area 630 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 11, 2019, through 1200 hrs, A.l.t., May 31, 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. The A season allowance of the 2019 total allowable catch (TAC) of pollock in Statistical Area 630 of the GOA is 3,522 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018) and inseason adjustment (84 FR 33, January 4, 2019). SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 9990 In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allowance of the 2019 TAC of pollock in Statistical Area 630 of the GOA is necessary to account for the incidental catch in other anticipated fisheries. Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,000 mt and is setting aside the remaining 522 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 pollock in Statistical Area 630 of the GOA. While this closure is effective 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 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 closure of directed fishing for pollock in Statistical Area 630 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 March 6, 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: March 7, 2019. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–04464 Filed 3–7–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

[Federal Register Volume 84, Number 48 (Tuesday, March 12, 2019)]
[Rules and Regulations]
[Page 8828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG884


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
Statistical Area 630 in 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 pollock in 
Statistical Area 630 in the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the B season allowance of the 2019 total 
allowable catch of pollock for Statistical Area 630 in the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 11, 2019, 
through 1200 hrs, A.l.t., May 31, 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.
    The A season allowance of the 2019 total allowable catch (TAC) of 
pollock in Statistical Area 630 of the GOA is 3,522 metric tons (mt) as 
established by the final 2018 and 2019 harvest specifications for 
groundfish in the GOA (83 FR 8768, March 1, 2018) and inseason 
adjustment (84 FR 33, January 4, 2019).
    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator has determined that the A season allowance of the 2019 
TAC of pollock in Statistical Area 630 of the GOA is necessary to 
account for the incidental catch in other anticipated fisheries. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 3,000 mt and is setting aside the remaining 522 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 pollock in 
Statistical Area 630 of the GOA.
    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 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 directed fishing for pollock in Statistical 
Area 630 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 March 6, 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: March 7, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-04464 Filed 3-7-19; 4:15 pm]
 BILLING CODE 3510-22-P