Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Equal to or Greater Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area, 45115 [2019-18560]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Rules and Regulations]
[Page 45115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18560]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 1807136333-9174-02]
RIN 0648-XY020


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Equal to or Greater Than 60 Feet (18.3 Meters) 
Length Overall Using Hook-and-Line Gear 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 cod by 
catcher vessels equal to or greater than 60 feet (18.3 meters (m)) 
length overall (LOA) using hook-and-line gear in the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the 2019 Pacific cod total allowable catch allocated 
to catcher vessels equal to or greater than 60 feet (18.3 m) LOA using 
hook-and-line gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 23, 
2019, through 2400 hours, A.l.t., December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 Pacific cod total allowable catch (TAC) allocated to 
catcher vessels equal to or greater than 60 feet (18.3 m) LOA using 
hook-and-line gear in the BSAI is zero metric tons (mt) as established 
by the final 2019 and 2020 harvest specifications for groundfish in the 
BSAI (84 FR 9000, March 13, 2019) and inseason adjustment (84 FR 43727, 
August 22, 2019).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2019 Pacific cod TAC allocated as a directed fishing allowance to 
catcher vessels equal to or greater than 60 feet (18.3 m) LOA using 
hook-and-line gear in the BSAI has been reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher vessels equal 
to or greater than 60 feet (18.3 m) LOA using hook-and-line gear in the 
BSAI.
    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 Pacific cod by catcher 
vessels equal to or greater than 60 feet (18.3 m) LOA using hook-and-
line gear in the BSAI. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of August 22, 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. 1901 et seq.

    Dated: August 23, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-18560 Filed 8-23-19; 4:15 pm]
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