Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 850-851 [2019-28042]
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Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Rules and Regulations
or fishing for halibut using pot gear, is
prohibited at all times in the area
defined in Figure 10 to this part as the
Pribilof Islands Habitat Conservation
Zone.
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■ 10. In § 679.24, add paragraph
(b)(1)(iv) to read as follows:
§ 679.24
Gear limitations.
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(b) * * *
(1) * * *
(iv) While fishing for IFQ or CDQ
halibut in the BSAI.
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■ 11. In § 679.25:
■ a. Revise paragraph (a)(1) introductory
text;
■ b. Add paragraph (a)(1)(v); and
■ c. Revise paragraphs (a)(2)(i)
introductory text and (a)(2)(iii)(C).
The additions and revisions read as
follows:
§ 679.25
Inseason adjustments.
(a) * * *
(1) Types of adjustments. Inseason
adjustments for directed fishing for
groundfish or fishing for IFQ or CDQ
halibut issued by NMFS under this
section include:
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(v) Inseason closures of an area,
district, or portions thereof, of harvest of
specified halibut fisheries.
(2) * * *
(i) Any inseason adjustment taken
under paragraph (a)(1)(i), (ii), (iii), or
(iv) of this section must be based on a
determination that such adjustments are
necessary to prevent:
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(iii) * * *
(C) Closure of a management area or
portion thereof, or gear type, or season
to all groundfish or halibut fishing; or
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■ 12. In § 679.28:
■ a. Remove and reserve paragraph
(f)(4)(ii);
■ b. In paragraph (f)(6)(iv), remove ‘‘or’’;
■ c. In paragraph (f)(6)(v), remove the
period and add a semicolon in its place;
and
■ d. Add paragraphs (f)(6)(vi) through
(ix).
The revisions read as follows:
§ 679.28 Equipment and operational
requirements.
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(f) * * *
(6) * * *
(vi) You operate an Amendment 80
catcher/processor (see § 679.5(s));
(vii) You are fishing for IFQ sablefish
in the Bering Sea or Aleutian Islands
(see § 679.42(k));
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16:05 Jan 07, 2020
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(viii) You are fishing for IFQ sablefish
in the GOA using longline pot gear (see
§ 679.42(l)) or fishing for IFQ or CDQ
halibut or CDQ sablefish in the BSAI
using pot gear (see § 679.42(m)); or
(ix) You are required under the Crab
Rationalization Program regulations at
50 CFR 680.23(d).
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■ 13. In § 679.42, revise paragraphs
(b)(1)(i) and (k)(1) and (2) and add
paragraph (m) to read as follows:
§ 679.42
Limitations on use of QS and IFQ.
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(b) * * *
(1) * * *
(i) IFQ halibut. IFQ halibut must not
be harvested with trawl gear in any IFQ
regulatory area.
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*
(k) * * *
(1) Bering Sea or Aleutian Islands.
Any vessel operator who fishes for IFQ
sablefish in the Bering Sea or Aleutian
Islands must possess a transmitting
VMS transmitter while fishing for IFQ
sablefish. The operator of the vessel
must comply with VMS requirements at
§ 679.28(f)(3) through (5).
(2) Gulf of Alaska. A vessel operator
using longline pot gear to fish for IFQ
sablefish in the Gulf of Alaska must
possess a transmitting VMS transmitter
while fishing for sablefish. The operator
of the vessel must comply with VMS
requirements at § 679.28(f)(3) through
(5).
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(m) BSAI halibut and sablefish pot
gear requirements. Additional
regulations that implement specific
requirements for any vessel operator
who fishes for IFQ or CDQ halibut or
IFQ or CDQ sablefish in the BSAI using
pot gear are set out under § 300.61 of
this title and §§ 679.2, 679.5, 679.7,
679.20, 679.22, 679.24, 679.25, 679.28,
679.42, and 679.51.
(1) Applicability. Any vessel operator
who fishes for IFQ or CDQ halibut or
IFQ or CDQ sablefish with pot gear in
the BSAI must comply with the
requirements of paragraph (m) of this
section. The IFQ regulatory areas in the
BSAI include 4B, 4C, 4D, and 4E and
the portion of Area 4A in the Bering Sea
Aleutian Islands west of 170°00′ W long.
(2) General. To use pot gear to fish for
IFQ or CDQ halibut or IFQ or CDQ
sablefish in the BSAI, a vessel operator
must:
(i) Retain IFQ or CDQ halibut caught
in pot gear if sufficient halibut IFQ or
CDQ is held by persons on board the
vessel as specified in paragraph (m)(3)
of this section; and
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Fmt 4700
Sfmt 4700
(ii) Comply with other requirements
as specified in paragraph (m)(4) of this
section.
(3) Retention of halibut. A vessel
operator who fishes for IFQ or CDQ
halibut or IFQ or CDQ sablefish using
pot gear must retain IFQ or CDQ halibut
if:
(i) The IFQ or CDQ halibut is caught
in any IFQ regulatory area in the BSAI
in accordance with paragraph (m) of this
section; and
(ii) An IFQ or CDQ permit holder on
board the vessel has unused halibut IFQ
or CDQ for the IFQ regulatory area
fished and IFQ vessel category.
(4) Other requirements. A vessel
operator who fishes for IFQ or CDQ
halibut or IFQ or CDQ sablefish using
pot gear in the BSAI must:
(i) Complete a longline and pot gear
Daily Fishing Logbook (DFL) or Daily
Cumulative Production Logbook (DCPL)
as specified in § 679.5(c); and
(ii) Possess a transmitting VMS
transmitter and comply with the VMS
requirements at § 679.28(f)(3) through
(5).
(iii) Report pot gear information
required when submitting a PNOL as
described in § 679.5.
§ 679.51
[Amended]
14. In § 679.51(a)(1)(i) introductory
text, remove the phrase ‘‘with hook-andline gear’’.
■
[FR Doc. 2019–27903 Filed 1–7–20; 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–XY061]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
total allowable catch (TAC) from trawl
catcher vessels and American Fisheries
Act (AFA) trawl catcher/processors to
catcher vessels less than 60 feet (18.3
meters) length overall (LOA) using
hook-and-line or pot gear in the Bering
Sea and Aleutian Islands management
SUMMARY:
E:\FR\FM\08JAR1.SGM
08JAR1
Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
area. This action is necessary to allow
the 2019 TAC of Pacific cod to be
harvested.
DATES: Effective January 7, 2020,
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (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 cod TAC specified
for catcher vessels using trawl gear in
the BSAI is 32,160 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 two reallocations (84 FR 43727,
August 21, 2019 and 84 FR 59968,
November 7, 2019).
The 2019 Pacific cod TAC specified
for AFA trawl catcher/processors in the
BSAI is 3,711 mt as established by the
final 2019 and 2020 harvest
specifications for groundfish in the
BSAI (84 FR 9000, March 13, 2019).
The 2019 Pacific cod TAC allocated to
catcher vessels less than 60 feet (18.3
meters (m)) length overall (LOA) using
hook-and-line or pot gear in the BSAI is
8,800 mt as established by the final 2019
and 2020 harvest specifications for
groundfish in the BSAI (84 FR 9000,
VerDate Sep<11>2014
16:05 Jan 07, 2020
Jkt 250001
March 13, 2019) and three reallocations
(84 FR 2068, February 6, 2019, 84 FR
43727, August 21, 2019, and 84 FR
59968, November 7, 2019).
The Administrator, Alaska Region,
NMFS, (Regional Administrator) has
determined that catcher vessels using
trawl gear will not be able to harvest 470
mt of the 2019 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(9) and AFA trawl
catcher/processors will not be able to
harvest 530 mt of the 2019 Pacific cod
TAC allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(7).
Therefore, in accordance with
§ 679.20(a)(7)(iii)(A), NMFS reallocates
470 mt from the trawl catcher vessel
apportionment and 530 mt from AFA
trawl catcher/processor allocation to the
annual amount specified for catcher
vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear.
The harvest specifications for Pacific
cod included in final 2019 and 2020
harvest specifications for groundfish in
the BSAI (84 FR 9000, March 13, 2019)
and three reallocations (84 FR 2068,
February 6, 2019, 84 FR 43727, August
21, 2019, 84 FR 59968, and November
7, 2019) are revised as follows: 31,690
mt to catcher vessels using trawl gear,
3,181 mt to AFA trawl catcher/
processors, and 9,800 mt to catcher
vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear.
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
PO 00000
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Sfmt 9990
851
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 reallocations of Pacific cod to
catcher vessels less than 60 feet (18.3 m)
LOA using hook-and-line or pot gear.
Since the fishery is currently open, it is
important to immediately inform the
industry as to the revised allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery, to
allow the industry to plan for the fishing
season, and to avoid potential
disruption to the fishing fleet as well as
processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of December 17, 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: December 20, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–28042 Filed 1–7–20; 8:45 am]
BILLING CODE 3510–22–P
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08JAR1
]]>Agencies
[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Rules and Regulations]
[Pages 850-851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28042]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02; RTID 0648-XY061]
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pacific Cod 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; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amount of Pacific
cod total allowable catch (TAC) from trawl catcher vessels and American
Fisheries Act (AFA) trawl catcher/processors to catcher vessels less
than 60 feet (18.3 meters) length overall (LOA) using hook-and-line or
pot gear in the Bering Sea and Aleutian Islands management
[[Page 851]]
area. This action is necessary to allow the 2019 TAC of Pacific cod to
be harvested.
DATES: Effective January 7, 2020, through 2400 hours, Alaska local time
(A.l.t.), December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Bering Sea and Aleutian Islands (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 cod TAC specified for catcher vessels using trawl
gear in the BSAI is 32,160 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 two reallocations (84 FR 43727, August 21,
2019 and 84 FR 59968, November 7, 2019).
The 2019 Pacific cod TAC specified for AFA trawl catcher/processors
in the BSAI is 3,711 mt as established by the final 2019 and 2020
harvest specifications for groundfish in the BSAI (84 FR 9000, March
13, 2019).
The 2019 Pacific cod TAC allocated to catcher vessels less than 60
feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot
gear in the BSAI is 8,800 mt as established by the final 2019 and 2020
harvest specifications for groundfish in the BSAI (84 FR 9000, March
13, 2019) and three reallocations (84 FR 2068, February 6, 2019, 84 FR
43727, August 21, 2019, and 84 FR 59968, November 7, 2019).
The Administrator, Alaska Region, NMFS, (Regional Administrator)
has determined that catcher vessels using trawl gear will not be able
to harvest 470 mt of the 2019 Pacific cod TAC allocated to those
vessels under Sec. 679.20(a)(7)(ii)(A)(9) and AFA trawl catcher/
processors will not be able to harvest 530 mt of the 2019 Pacific cod
TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(7).
Therefore, in accordance with Sec. 679.20(a)(7)(iii)(A), NMFS
reallocates 470 mt from the trawl catcher vessel apportionment and 530
mt from AFA trawl catcher/processor allocation to the annual amount
specified for catcher vessels less than 60 feet (18.3 m) LOA using
hook-and-line or pot gear.
The harvest specifications for Pacific cod included in final 2019
and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000,
March 13, 2019) and three reallocations (84 FR 2068, February 6, 2019,
84 FR 43727, August 21, 2019, 84 FR 59968, and November 7, 2019) are
revised as follows: 31,690 mt to catcher vessels using trawl gear,
3,181 mt to AFA trawl catcher/processors, and 9,800 mt to catcher
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
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 reallocations of Pacific cod to catcher vessels less
than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Since the
fishery is currently open, it is important to immediately inform the
industry as to the revised allocations. Immediate notification is
necessary to allow for the orderly conduct and efficient operation of
this fishery, to allow the industry to plan for the fishing season, and
to avoid potential disruption to the fishing fleet as well as
processors. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of December 17, 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: December 20, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-28042 Filed 1-7-20; 8:45 am]
BILLING CODE 3510-22-P
