Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area, 65927-65928 [2019-26031]

Download as PDF jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Rules and Regulations which include allowable harvest levels (i.e., annual catch target (ACT) and HG), an annual catch limit (ACL), and annual catch reference points (i.e., OFL and ABC). The uncertainty surrounding the current biomass estimates for Pacific mackerel for the 2019–2020 and 2020– 2021 fishing seasons was taken into consideration in the development of these harvest specifications. The Pacific mackerel fishing season runs from July 1 to June 30. Any Pacific mackerel harvested between July 1, 2019, and the effective date of the final rule would count toward the 2019–2020 ACT and HG. The Council has recommended, and NMFS is implementing, Pacific mackerel harvest specifications for both the 2019–2020 and 2020–2021 fishing seasons. For the 2019–2020 Pacific mackerel fishing season these include an OFL of 14,931 mt, an ABC and ACL of 13,169 mt, a HG of 11,109 mt, and an annual ACT of 10,109 mt. For the 2020– 2021 Pacific mackerel fishing season these include an OFL of 11,772 mt, and ABC and ACL of 10,289 mt, a HG of 7,950 mt, and an ACT of 6,950 mt. These catch specifications are based on the control rules established in the CPS FMP and biomass estimates of 71,099 mt (2019–2020) and 56,058 mt (2020– 2021). The biomass estimates are the result of a full stock assessment the NMFS SWFSC completed in June 2019 (see ADDRESSES). The Council’s SSC and the Council approved this stock assessment as the best scientific information available for management at the June 2019 Council meeting. Under this action, in the unlikely event that catch reaches the ACT in either fishing season, directed fishing would close, reserving the difference between the HG and ACT (1,000 mt) as a set-aside for incidental landings in other fisheries and other sources of mortality.1 For the remainder of the fishing season, incidental landings in CPS fisheries would be constrained to a 45-percent incidental catch allowance (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel); in nonCPS fisheries, up to 3 mt of Pacific mackerel may be landed incidentally per fishing trip. The incidental set-aside is intended to allow continued operation of fisheries for other stocks, particularly other CPS stocks that may school with Pacific mackerel. The NMFS West Coast Regional Administrator will publish a notice in the Federal Register announcing the 1 Directed fishing for live bait and minor directed fishing is allowed to continue during a closure of the directed fishery. VerDate Sep<11>2014 15:54 Nov 29, 2019 Jkt 250001 date of any closure of directed fishing (when harvest levels reach or exceed the ACT). Additionally, to ensure the regulated community is informed of any closure, NMFS will also make announcements through other means available, including email to fishermen, processors, and state fishery management agencies. On August 23, 2019, NMFS published a proposed rule in the Federal Register (84 FR 44272) soliciting public comments through September 23, 2019. NMFS received two comments from private citizens in support of the proposed rule. This final rule contains no changes from the proposed rule. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this rule is consistent with the CPS FMP, other provisions of the MagnusonStevens Act, and other applicable law, subject to further consideration after public comment. Pursuant to the procedures established to implement Executive Order 12866, the Office of Management and Budget has determined that this final rule is not significant. 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. As a result, a regulatory flexibility analysis was not required and none was prepared. This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: November 25, 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 660 is amended as follows: PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: ■ PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 65927 Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 2. In § 660.511, add paragraphs (i) and (j) to read as follows: ■ § 660.511 Catch restrictions. * * * * * (i) The following harvest specifications apply for Pacific mackerel: (1) For the Pacific mackerel fishing season July 1, 2019, through June 30, 2020, the harvest guideline is 11,109 mt and the ACT is 10,109 mt; and (2) For the Pacific mackerel fishing season July 1, 2020, through June 30, 2021, the harvest guideline is 7,950 mt and the ACT of 6,950 mt. (j) When an ACT in paragraph (i) of this section has been reached or exceeded, then for the remainder of the Pacific mackerel fishing season, Pacific mackerel may not be targeted and landings of Pacific mackerel may not exceed: 45 percent of landings when Pacific mackerel are landed in CPS fisheries (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel), or up to 3 mt of Pacific mackerel when landed in non-CPS fisheries. The Regional Administer shall announce in the Federal Register the date that an ACT is reached or exceeded, and the date and time that the restrictions described in this paragraph go into effect. * * * * * [FR Doc. 2019–25933 Filed 11–29–19; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180713633–9174–02; RTID 0648–XY056] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2019 Pacific SUMMARY: E:\FR\FM\02DER1.SGM 02DER1 65928 Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES Ocean perch total allowable catch (TAC) in the Bering Sea subarea of the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 27, 2019, through 2400 hrs, A.l.t., December 31, 2019. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI 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 ocean perch TAC in the Bering Sea subarea of the BSAI is 14,675 metric tons (mt) as established by the final 2019 and 2020 harvest specifications for groundfish in the BSAI and groundfish reserve release (84 FR 9000, March 13, 2019 and 84 FR 57653, October 28, 2019). VerDate Sep<11>2014 15:54 Nov 29, 2019 Jkt 250001 The Regional Administrator has determined that the 2019 TAC for Pacific Ocean perch in the Bering Sea subarea of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 14,625 mt, and is setting aside the remaining 50 mt as bycatch to support other anticipated groundfish fisheries. Consequently, in accordance with § 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for Pacific ocean perch in the Bering Sea subarea of the BSAI. While this closure remains in effect 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 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 ocean perch in the Bering Sea subarea of the BSAI. NMFS was unable to publish a notification providing time for public comment because the most recent, relevant data only became available as November 25, 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: November 26, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–26031 Filed 11–27–19; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\02DER1.SGM 02DER1

Agencies

[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Rules and Regulations]
[Pages 65927-65928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26031]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02; RTID 0648-XY056]


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Bering Sea Subarea of 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 ocean perch 
in the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to prevent exceeding 
the 2019 Pacific

[[Page 65928]]

Ocean perch total allowable catch (TAC) in the Bering Sea subarea of 
the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 27, 
2019, through 2400 hrs, A.l.t., December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 ocean perch TAC in the Bering Sea subarea of the 
BSAI is 14,675 metric tons (mt) as established by the final 2019 and 
2020 harvest specifications for groundfish in the BSAI and groundfish 
reserve release (84 FR 9000, March 13, 2019 and 84 FR 57653, October 
28, 2019).
    The Regional Administrator has determined that the 2019 TAC for 
Pacific Ocean perch in the Bering Sea subarea of the BSAI will soon be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 14,625 mt, and is setting aside the 
remaining 50 mt as bycatch to support other anticipated groundfish 
fisheries. Consequently, in accordance with Sec.  679.20(d)(1)(iii), 
NMFS is prohibiting directed fishing for Pacific ocean perch in the 
Bering Sea subarea of the BSAI. While this closure remains in effect 
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 ocean perch in the 
Bering Sea subarea of the BSAI. NMFS was unable to publish a 
notification providing time for public comment because the most recent, 
relevant data only became available as November 25, 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: November 26, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-26031 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-22-P