[Federal Register Volume 84, Number 9 (Monday, January 14, 2019)]
[Rules and Regulations]
[Page 117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00061]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG688


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for sablefish by vessel 
using trawl gear in the Bering Sea subarea and the Aleutian Islands 
subarea of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to prevent exceeding the 2019 sablefish 
initial total allowable catch allocations to vessels using trawl gear 
in the Bering Sea subarea and the Aleutian Islands subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 20, 
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 exclusive economic zone 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 sablefish initial total allowable catch allocations to 
vessels using trawl gear is 876 metric tons (mt) in the Bering Sea 
subarea and is 595 mt in the Aleutian Islands subarea of the BSAI as 
established by the final 2018 and 2019 harvest specifications for 
groundfish in the BSAI (83 FR 8365, February 27, 2018).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS, (Regional Administrator) has determined that the 2019 
sablefish initial total allowable catch allocations to vessels using 
trawl gear in the Bering Sea subarea and the Aleutian Islands subarea 
of the BSAI is necessary to account for the incidental catch in other 
anticipated fisheries. Therefore, the Regional Administrator is 
establishing a directed fishing allowances of 0 mt, and is setting 
aside the remaining 876 mt in the Bering Sea subarea and 595 mt in the 
Aleutian Islands subarea as bycatch to support other anticipated 
groundfish fisheries. In accordance with Sec.  679.20(d)(1)(iii), the 
Regional Administrator finds that these directed fishing allowances 
have been reached. Consequently, NMFS is prohibiting directed fishing 
for the sablefish initial total allowable catch allocations to vessels 
using trawl gear in the Bering Sea subarea and the Aleutian Islands 
subarea of the BSAI.
    While this closure is 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 fishery closure of the sablefish allocations 
to vessels using trawl gear in the Bering Sea subarea and the Aleutian 
Islands subarea of the BSAI. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of December 18, 2018.
    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: January 9, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-00061 Filed 1-9-19; 4:15 pm]
 BILLING CODE 3510-22-P