[Federal Register Volume 84, Number 4 (Monday, January 7, 2019)]
[Rules and Regulations]
[Page 49]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28472]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

========================================================================


Federal Register / Vol. 84, No. 4 / Monday, January 7, 2019 / Rules 
and Regulations

[[Page 49]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG714


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Using Hook-and-Line 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 
catcher vessels using hook-and-line 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 total 
allowable catch apportioned to catcher vessels using hook-and-line gear 
in the Western Regulatory Area of the GOA.

DATES: Effective 0000 hours, Alaska local time (A.l.t.), January 1, 
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 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. 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 total allowable 
catch (TAC) apportioned to catcher vessels using hook-and-line gear in 
the Western Regulatory Area of the GOA is 36 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 Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the A season 
allowance of the 2019 Pacific cod TAC apportioned to catcher vessels 
using hook-and-line gear in the Western Regulatory Area of the GOA is 
necessary to account for the anticipated incidental catch in other 
fisheries. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 0 mt and is setting aside the remaining 
36 mt as bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  679.20(d)(1)(iii), the Regional Administrator 
finds that this directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels using hook-and-line gear in the Western Regulatory Area 
of the GOA. After the effective date of this closure 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 fishing closure of Pacific cod by catcher 
vessels using hook-and-line 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 December 21, 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: December 31, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-28472 Filed 12-31-18; 4:15 pm]
BILLING CODE 3510-22-P