Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Final 2019 and 2020 Harvest Specifications for Groundfish; Correction
The National Marine Fisheries Service is correcting a final rule that published on March 14, 2019, implementing the final 2019 and 2020 harvest specifications and prohibited spe...
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Final rule; correction.
SUMMARY:
The National Marine Fisheries Service is correcting a final rule that published on March 14, 2019, implementing the final 2019 and 2020 harvest specifications and prohibited species catch allowances for the groundfish fishery of the Gulf of Alaska. One table in the document contains errors associated with flathead sole. These corrections are necessary to provide the correction information about the amount of flathead sole available for commercial harvest in 2019, thus allowing commercial fishermen to maximize their economic opportunities in this fishery. This correction also is necessary to comport with the requirements of the Fishery Management Plan for Groundfish of the Gulf of Alaska.
DATES:
Effective April 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Need for Correction
The National Marine Fisheries Service (NMFS) published the Gulf of Alaska (GOA) final 2019 and 2020 harvest specifications in the
Federal Register
on March 14, 2019 (84 FR 9416). The harvest specifications were effective March 14, 2019. A table (Table 1) providing information about the 2019 overfishing levels, acceptable biological catch (ABC), and total allowable catch (TAC) for groundfish of the GOA contains errors associated with the flathead sole ABC for the Central Regulatory Area of the GOA, as well as the flathead sole ABCs and TACs in the West Yakutat (WYK) and Southeast Outside (SEO) Districts of the Eastern Regulatory Area of the GOA. In Table 1 on page 9420 of the harvest specifications published in the
Federal Register
, NMFS inadvertently used incorrect values for the flathead sole
( printed page 14888)
ABCs and TACs for these management areas. The correct 2019 flathead sole ABC for the Central Regulatory Area of the GOA is 21,109 metric tons (mt). The correct 2019 flathead sole ABCs for the WYK and SEO Districts of the Eastern Regulatory Area of the GOA are 2,016 mt and 423 mt, respectively. The correct 2019 flathead sole TACs for the WYK and SEO Districts of the Eastern Regulatory Area of the GOA are 2,016 mt and 423 mt, respectively. These corrections also require the corresponding grand total of the 2019 flathead sole ABCs and TACs to be revised to 36,782 mt and 26,489 mt, respectively.
Classification
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 unnecessary and contrary to the public interest. This correcting amendment makes changes to correct mis-specified 2019 flathead sole ABCs and TACs in Table 1, as described above, and does not change operating practices in the fisheries. This correcting action is consistent with the harvest specifications recommended by the North Pacific Fishery Management Council in December 2018, and ensures that the flathead sole TACs that the fishing industry expected to be available in 2019 are correct. If this correction is delayed to allow for notice and comment, it would result in confusion for participants in the fisheries, given that the final rule implementing the 2019 and 2020 harvest specifications already is effective. Therefore, in order to avoid any negative consequences that could result from this correction, the AA finds good cause to waive the requirement to provide prior notice and opportunity for public comment. The correct 2019 flathead sole TACs for the WYK and SEO Districts of the Eastern Regulatory Area of the GOA are slightly more than the incorrectly specified TACs for these two management areas. Without this correction, commercial fishermen may believe that there is less flathead sole available for harvest in 2019 then is actually available, to their economic detriment.
For the reasons above, the AA also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make this rule effective immediately upon publication.
Correction
In the final rule, published on March 14, 2019 (84 FR 9416), the following corrections are made to Table 1:
On page 9420, in Table 1, columns 4 and 5 are corrected to incorporate the correct amounts for the 2019 flathead sole ABCs and TACs.
Table 1 is corrected and reprinted in its entirety to read as follows:
Table 1—Final 2019 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat, Western, Central, Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, and Gulfwide Districts of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
Species
Area 1
OFL
ABC
TAC
Pollock 2
Shumagin (610)
n/a
24,875
24,875
Chirikof (620)
n/a
67,388
67,388
Kodiak (630)
n/a
34,443
34,443
WYK (640)
n/a
5,748
5,748
W/C/WYK (subtotal) 2
194,230
135,850
132,454
SEO (650)
11,697
8,773
8,773
Total
205,927
144,623
141,227
Pacific cod 3
W
n/a
7,633
5,343
C
n/a
7,667
5,750
E
n/a
1,700
1,275
Total
23,669
17,000
12,368
Sablefish 4
W
n/a
1,581
1,581
C
n/a
5,178
5,178
WYK
n/a
1,828
1,828
SEO
n/a
2,984
2,984
E (WYK and SEO) (subtotal)
n/a
4,812
4,812
Total
25,227
11,571
11,571
Shallow-water flatfish 5
W
n/a
25,620
13,250
C
n/a
25,731
25,731
WYK
n/a
2,279
2,279
SEO
n/a
1,957
1,957
Total
68,309
55,587
43,217
Deep-water flatfish 6
W
n/a
416
416
C
n/a
3,443
3,443
WYK
n/a
3,280
3,280
SEO
n/a
2,362
2,362
Total
11,434
9,501
9,501
Rex sole
W
n/a
2,951
2,951
C
n/a
8,357
8,357
WYK
n/a
1,657
1,657
SEO
n/a
1,727
1,727
Total
17,889
14,692
14,692
Arrowtooth flounder
W
n/a
35,994
14,500
( printed page 14889)
C
n/a
70,995
70,995
WYK
n/a
15,911
6,900
SEO
22,941
6,900
Total
174,598
145,841
99,295
Flathead sole
W
n/a
13,234
8,650
C
n/a
21,109
15,400
WYK
n/a
2,016
2,016
SEO
n/a
423
423
Total
44,865
36,782
26,489
Pacific ocean perch 7
W
n/a
3,227
3,227
C
n/a
19,646
19,646
WYK
n/a
3,296
3,296
W/C/WYK subtotal
31,113
26,169
26,169
SEO
2,838
2,386
2,386
Total
33,951
28,555
28,555
Northern rockfish 8
W
n/a
1,190
1,190
C
n/a
3,338
3,338
E
n/a
1
Total
5,402
4,529
4,528
Shortraker rockfish 9
W
n/a
44
44
C
n/a
305
305
E
n/a
514
514
Total
1,151
863
863
Dusky rockfish 10
W
n/a
781
781
C
n/a
2,764
2,764
WYK
n/a
95
95
SEO
n/a
60
60
Total
4,521
3,700
3,700
Rougheye and Blackspotted rockfish 11
W
n/a
174
174
C
n/a
550
550
E
n/a
704
704
Total
1,715
1,428
1,428
Demersal shelf rockfish 12
SEO
411
261
261
Thornyhead rockfish
W
n/a
326
326
C
n/a
911
911
E
n/a
779
779
Total
2,688
2,016
2,016
Other rockfish
13 14
W and C
n/a
1,737
1,737
WYK
n/a
368
368
SEO
n/a
3,489
3,489
Total
7,356
5,594
5,594
Atka mackerel
GW
6,200
4,700
3,000
Big skate 15
W
n/a
504
504
C
n/a
1,774
1,774
E
n/a
570
570
Total
3,797
2,848
2,848
Longnose skate 16
W
n/a
149
149
C
n/a
2,804
2,804
E
n/a
619
619
Total
4,763
3,572
3,572
Other skates 17
GW
1,845
1,384
1,384
Sculpins
GW
6,958
5,301
5,301
Sharks
GW
10,913
8,184
8,184
Octopus
GW
1,300
975
975
Total
664,889
509,507
430,569
1
Regulatory areas and districts are defined at § 679.2. (W = Western Gulf of Alaska; C = Central Gulf of Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-wide).
( printed page 14890)
2
The total for the W/C/WYK Regulatory Areas pollock ABC is 135,850 mt. After deducting 2.5 percent (3,396 mt) of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 132,454 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 3 (final 2019 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
3
The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the Western and Central Regulatory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 5 lists the final 2019 Pacific cod seasonal apportionments.
4
Sablefish is allocated to trawl and fixed gear in 2019 and trawl gear in 2020. Table 7 lists the final 2019 allocations of sablefish TACs.
5
“Shallow-water flatfish” means flatfish not including “deep-water flatfish,” flathead sole, rex sole, or arrowtooth flounder.
6
“Deep-water flatfish” means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
7
“Pacific ocean perch” means
Sebastes alutus.
8
“Northern rockfish” means
Sebastes polyspinis.
For management purposes, the 1 mt apportionment of ABC to the WYK District of the Eastern Gulf of Alaska has been included in the “other rockfish” species group.
9
“Shortraker rockfish” means
Sebastes borealis.
10
“Dusky rockfish” means
Sebastes variabilis.
11
“Rougheye and blackspotted rockfish” means
Sebastes aleutianus
(rougheye) and
Sebastes melanostictus
(blackspotted).
12
“Demersal shelf rockfish” means
Sebastes pinniger
(canary),
S. nebulosus
(china),
S. caurinus
(copper),
S. maliger
(quillback),
S. helvomaculatus
(rosethorn),
S. nigrocinctus
(tiger), and
S. ruberrimus
(yelloweye).
13
“Other rockfish” means
Sebastes aurora
(aurora),
S. melanostomus
(blackgill),
S. paucispinis
(bocaccio),
S. goodei
(chilipepper),
S. crameri
(darkblotch),
S. elongatus
(greenstriped),
S. variegatus
(harlequin),
S. wilsoni
(pygmy),
S. babcocki
(redbanded),
S. proriger
(redstripe),
S. zacentrus
(sharpchin),
S. jordani
(shortbelly),
S. brevispinis
(silvergrey),
S. diploproa
(splitnose),
S. saxicola
(stripetail),
S. miniatus
(vermilion),
S. reedi
(yellowmouth),
S. entomelas
(widow), and
S. flavidus
(yellowtail). In the Eastern GOA only, other rockfish also includes northern rockfish,
S. polyspinis.
14
“Other rockfish” in the Western and Central Regulatory Areas and in the West Yakutat District means other rockfish and demersal shelf rockfish. The “other rockfish” species group in the SEO District only includes other rockfish.
Use this for formal legal and research references to the published document.
84 FR 14887
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Final 2019 and 2020 Harvest Specifications for Groundfish; Correction,” thefederalregister.org (April 12, 2019), https://thefederalregister.org/documents/2019-07276/fisheries-of-the-exclusive-economic-zone-off-alaska-gulf-of-alaska-final-2019-and-2020-harvest-specifications-for-ground.