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

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Rules and Regulations Federal Register

367 

Vol. 84, No. 17 

Friday, January 25, 2019 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170816769–8162–02] 

RIN 0648–XG731 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Operating as Catcher Vessels Using 

Pot Gear in the Western 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 directed 

fishing for Pacific cod by non-American 

Fisheries Act (AFA) crab vessels that are 

subject to sideboard limits, and 

operating as catcher vessels (CVs) using 

pot gear, in the Western Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2019 Pacific 

cod sideboard limit established for nonAFA crab vessels that are operating as 

CVs using pot gear in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), January 22, 2019, 

through 1200 hours, A.l.t., June 10, 

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 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2019 

Pacific cod sideboard limit established 

for non-AFA crab vessels, and that are 

operating as CVs using pot gear in the 

Western Regulatory Area of the GOA, is 

320 metric tons (mt), as established by 

the final 2018 and 2019 harvest 

specifications for groundfish of the GOA 

(83 FR 8768, March 1, 2018). 

In accordance with § 680.22(e)(2)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2019 Pacific cod sideboard limit 

established for non-AFA crab vessels 

that are operating as CVs using pot gear 

in the Western Regulatory Area of the 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a sideboard directed fishing 

allowance of 310 mt, and is setting aside 

the remaining 10 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 680.22(e)(3), the Regional 

Administrator finds that this sideboard 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels that are 

operating as CVs using pot gear in the 

Western Regulatory Area of the GOA. 

After the effective date of this closure 

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 

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 sideboard directed fishing 

closure of Pacific cod for non-AFA crab 

vessels that are subject to sideboard 

limits, and that are operating as CVs 

using pot gear in the Western 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 January 18, 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 § 680.22 

and is exempt from review under 

Executive Order 12866. 

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

Dated: January 22, 2019. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2019–00153 Filed 1–22–19; 4:15 pm] 

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