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