Federal Register / Vol. 84, No. 9 / Monday, January 14, 2019 / Rules and Regulations 117 

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: January 9, 2019. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2019–00062 Filed 1–9–19; 4:15 pm] 

BILLING CODE 3510–22–P 

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. 

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 § 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 

§ 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 

§ 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 § 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 


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