Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the Central Regulatory Area of the Gulf of Alaska, 45688-45689 [2019-18811]

Download as PDF jspears on DSK3GMQ082PROD with RULES 45688 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations includes king mackerel, Spanish mackerel, and cobia in the Gulf of Mexico and off the east coast of Florida, and is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All weights described for Atlantic migratory group king mackerel (Atlantic king mackerel) apply as either round or gutted weight. On April 11, 2017, NMFS published a final rule to implement Amendment 26 to the FMP in the Federal Register (82 FR 17387). Among other measures, that final rule adjusted the management boundaries, zones, and annual catch limits for Atlantic king mackerel. The commercial quota for Atlantic king mackerel in the southern zone is 3,617,120 lb (1,640,698 kg) for the current fishing year, March 1, 2019, through February 29, 2020 (50 CFR 622.384(b)(2)(ii)). The seasonal quotas in the southern zone are 2,170,272 lb (984,419 kg) for the period March 1 through September 30 (50 CFR 622.384(b)(2)(ii)(A)), and 1,446,848 lb (656,279 kg) for October 1 through the end of February (50 CFR 622.384(b)(2)(ii)(B)). The southern zone for Atlantic king mackerel encompasses an area of Federal waters south of a line extending from the state border of North Carolina and South Carolina, as specified in 50 CFR 622.2, and north of a line extending due east from the border of Miami-Dade and Monroe Counties, Florida (50 CFR 622.369(a)(2)(ii)). The area of the southern zone in which this temporary rule applies is in Federal waters south of 29°25′ N lat., which is a line that extends due east from the border of Flagler and Volusia Counties, Florida, and north of 25°20′24′ N lat., which is a line that extends due east from the border of Miami-Dade and Monroe Counties, Florida (50 CFR 622.385(a)(1)(ii)). From April 1 through September 30, the commercial trip limit for Atlantic king mackerel in Federal waters off the east coast of Florida between the border of Flagler and Volusia Counties, and the border of Miami-Dade and Monroe Counties that may be possessed on board or landed from a federally permitted vessel is 75 fish per day (50 CFR 622.385(a)(1)(ii)(B)). However, if during this period NMFS determines VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 that 75 percent of the commercial quota in the Atlantic southern zone specified in 50 CFR 622.384(b)(2)(ii)(A) has been harvested, then the commercial trip limit for king mackerel in or from this area that may be possessed on board or landed from a federally permitted vessel is reduced to 50 fish per day (50 CFR 622.385(a)(1)(ii)(B)). NMFS has determined that for the 2019–2020 fishing year, 75 percent of the March 1 through the September 30 commercial quota for Atlantic king mackerel in the southern zone will be harvested by September 1, 2019. Accordingly, a 50-fish commercial trip limit applies to vessels fishing for king mackerel in or from Federal waters south of 29°25′ N lat. and north of 25°20′24″ N lat. off the east coast of Florida in the Atlantic southern zone effective from September 1, 2019, through September 30, 2019. On October 1, 2019, the new seasonal commercial quota will be in effect and a commercial trip limit of 50 fish will continue for this area. Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of Atlantic king mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.385(a)(1)(ii)(B) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act, because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA) finds that the need to immediately implement this commercial trip limit reduction constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), because prior notice and opportunity for public comment on this temporary rule is unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule establishing the commercial trip limits has already been subject to notice and comment, and all that remains is to notify the public of the trip limit reduction. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect the Atlantic king mackerel stock. The capacity of the fishing fleet allows for more rapid PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 harvest of the commercial quota under the greater trip limit. Prior notice and opportunity for public comment would require time and could potentially result in a harvest in excess of the established commercial quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness of this action, pursuant to 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: August 27, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–18797 Filed 8–27–19; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180831813–9170–02] RIN 0648–XG996 Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 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 retention of sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2019 total allowable catch of sablefish allocated to vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA has been reached. DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 28, 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 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 SUMMARY: E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations jspears on DSK3GMQ082PROD with RULES 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 total allowable catch (TAC) of sablefish allocated to vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA is 503 metric tons (mt) as established by the final 2019 and 2020 harvest specifications for groundfish of the GOA (84 FR 9416, March 14, 2019). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2019 TAC of sablefish allocated to vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA will be reached. Therefore, NMFS is requiring that sablefish caught by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA be treated VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 as prohibited species in accordance with § 679.21(b). This closure does not apply to fishing by vessels participating in the cooperative fishery of the Rockfish Program for the Central Regulatory Area of the GOA. 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 prohibiting the retention of sablefish by vessels using trawl gear and not participating in the cooperative PO 00000 Frm 00063 Fmt 4700 Sfmt 9990 45689 fishery of the Rockfish Program 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 August 26, 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 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 27, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–18811 Filed 8–27–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45688-45689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18811]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180831813-9170-02]
RIN 0648-XG996


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 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.

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SUMMARY: NMFS is prohibiting retention of sablefish by vessels using 
trawl gear and not participating in the cooperative fishery of the 
Rockfish Program in the Central Regulatory Area of the Gulf of Alaska 
(GOA). This action is necessary because the 2019 total allowable catch 
of sablefish allocated to vessels using trawl gear and not 
participating in the cooperative fishery of the Rockfish Program in the 
Central Regulatory Area of the GOA has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 28, 
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 
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

[[Page 45689]]

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 total allowable catch (TAC) of sablefish allocated to 
vessels using trawl gear and not participating in the cooperative 
fishery of the Rockfish Program in the Central Regulatory Area of the 
GOA is 503 metric tons (mt) as established by the final 2019 and 2020 
harvest specifications for groundfish of the GOA (84 FR 9416, March 14, 
2019).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2019 TAC 
of sablefish allocated to vessels using trawl gear and not 
participating in the cooperative fishery of the Rockfish Program in the 
Central Regulatory Area of the GOA will be reached. Therefore, NMFS is 
requiring that sablefish caught by vessels using trawl gear and not 
participating in the cooperative fishery of the Rockfish Program in the 
Central Regulatory Area of the GOA be treated as prohibited species in 
accordance with Sec.  679.21(b). This closure does not apply to fishing 
by vessels participating in the cooperative fishery of the Rockfish 
Program for the Central Regulatory Area of the GOA.

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 prohibiting the retention of sablefish by vessels using 
trawl gear and not participating in the cooperative fishery of the 
Rockfish Program 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 August 26, 
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. Sec.  679.20 and 679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: August 27, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-18811 Filed 8-27-19; 4:15 pm]
 BILLING CODE 3510-22-P