This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

33 

Vol. 84, No. 3 

Friday, January 4, 2019 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170816769–8162–02] 

RIN 0648–XG685 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2019 Gulf of Alaska Pollock 

Total Allowable Catch Amounts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: NMFS is adjusting the 2019 

total allowable catch (TAC) amount for 

the Gulf of Alaska (GOA) pollock 

fishery. This action is necessary because 

NMFS has determined this TAC is 

incorrectly specified, and will ensure 

the GOA pollock TAC is the appropriate 

amount based on the best available 

scientific information for pollock in the 

GOA. This action is consistent with the 

goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska. 

DATES: Effective 0000 hours, Alaska 

local time (A.l.t.), January 1, 2019, until 

the effective date of the final 2019 and 

2020 harvest specifications for GOA 

groundfish, unless otherwise modified 

or superseded through publication of a 

notification in the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 22, 2019. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2018–0103 

by any of the following methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0103, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record, 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 

(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 final 2018 and 2019 harvest 

specifications for groundfish in the GOA 

(83 FR 8768, March 1, 2018) set the 

2019 pollock TAC at 112,678 metric 

tons (mt) in the GOA. In December 

2018, the North Pacific Fishery 

Management Council (Council) 

recommended a 2019 pollock TAC of 

141,227 mt for the GOA, which is more 

than the 112,678 mt established by the 

final 2018 and 2019 harvest 

specifications for groundfish in the 

GOA. The Council’s recommended 2019 

TAC, and the area and seasonal 

apportionments, is based on the Stock 

Assessment and Fishery Evaluation 

report (SAFE), dated November 2018. 

NMFS has subsequently determined 

that the Council’s GOA Groundfish Plan 

Team incorrectly calculated the 

seasonal and annual ABCs for Statistical 

Areas 620 and 630 when summarizing 

the November 2018 SAFE report. These 

incorrect amounts were presented to the 

Council and the Council subsequently 

adopted the incorrect amounts in its 

recommendations for the final 2019 

harvest specifications for groundfish in 

the GOA. The incorrect amounts were 

71,459 mt for Statistical Area 620 and 

30,372 mt for Statistical Area 630. 

The correct pollock ABCs and TACs 

should have been 67,388 mt and 34,443 

mt for Statistical Areas 620 and 630, 

respectively. This results in a 4,071 mt 

increase in the pollock ABC and TAC 

for Statistical Area 630 and a decrease 

of 4,071 mt for the pollock ABC and 

TAC for Statistical Area 620. This action 

incorporates the correct ABC and TAC 

amounts into the final 2019 distribution 

of pollock in the Western and Central 

Regulatory Areas of the GOA in Table 4, 

below. The correct amounts also will be 

incorporated into the final 2019 harvest 

specifications for groundfish in the 

GOA, as well as the 2018 SAFE report. 

Steller sea lions occur in the same 

location as the pollock fishery and are 

listed as endangered under the 

Endangered Species Act (ESA). Pollock 

is a principal prey species for Steller sea 

lions in the GOA. The seasonal 

apportionment of pollock harvest is 

necessary to ensure the groundfish 

fisheries are not likely to cause jeopardy 

of extinction or adverse modification of 

critical habitat for Steller sea lions. The 

regulations at § 679.20(a)(5)(iv) specify 

how the pollock TAC will be 

apportioned. 


amozie on DSK3GDR082PROD with RULES
34 Federal Register / Vol. 84, No. 3 / Friday, January 4, 2019 / Rules and Regulations 

In accordance with § 679.25(a)(1)(iii), 

(a)(2)(i)(B), and (a)(2)(iv) the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that, based on the best 

available scientific information for this 

fishery, the current GOA pollock TAC is 

incorrectly specified. Consequently, 

pursuant to § 679.25(a)(1)(iii), the 

Regional Administrator is adjusting the 

2019 GOA pollock TAC to 141,227 mt. 

Therefore, Table 2 of the final 2018 and 

2019 harvest specifications for 

groundfish in the GOA (83 FR 8768, 

March 1, 2018) is revised consistent 

with this adjustment. 

Pursuant to § 679.20(a)(5)(iv), Table 4 

of the final 2018 and 2019 harvest 

specifications for groundfish in the GOA 

(83 FR 8768, March 1, 2018) is revised 

for the 2019 TACs of pollock in the 

Central and Western Regulatory Area of 

the GOA. 

TABLE 4—FINAL 2019 DISTRIBUTION OF POLLOCK IN THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GOA; 

SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC 

[Values are rounded to the nearest metric ton and percentages are rounded to the nearest 0.01] 

Season 1 Shumagin (Area 610) Chirikof (Area 620) Kodiak (Area 630) Total 2

A (Jan 20–Mar 10) ................................... 848 2.68% 23,236 73.35% 7,593 23.97% 31,677 

B (Mar 10–May 31) .................................. 848 2.68% 27,306 86.20% 3,522 11.12% 31,677 

C (Aug 25–Oct 1) ..................................... 11,590 36.59% 8,423 26.59% 11,664 36.82% 31,677 

D (Oct 1–Nov 1) ....................................... 11,590 36.59% 8,423 26.59% 11,664 36.82% 31,677 

Annual Total ...................................... 24,875 .................... 67,388 .................... 34,443 .................... 126,706 

1As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 

to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. 2The WYK and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. 

Note: Seasonal apportionments may not total precisely due to rounding. 

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 

allow for harvests that exceed the 

appropriate allocation for pollock based 

on the best scientific information 

available. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of December 21, 2018, and additional 

time for prior public comment would 

result in conservation concerns for the 

ESA-listed Steller sea lions. 

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. 

Under § 679.25(c)(2), interested 

persons are invited to submit written 

comments on this action to the above 

address until January 22, 2019. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: December 27, 2018. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–28464 Filed 12–31–18; 8:45 am] 

BILLING CODE 3510–22–P 


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