83_FR_10453 83 FR 10406 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Hook-and-Line Catcher/Processors in the Central Regulatory Area of the Gulf of Alaska

83 FR 10406 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Hook-and-Line Catcher/Processors in the Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 47 (March 9, 2018)

Page Range10406-10406
FR Document2018-04826

NMFS is prohibiting directed fishing for Pacific cod by hook- and-line catcher/processors in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2018 Pacific cod total allowable catch apportioned to hook-and-line catcher/processors in the Central Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 47 (Friday, March 9, 2018)
[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Rules and Regulations]
[Page 10406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04826]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XF893


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Hook-and-Line Catcher/Processors in the Central Regulatory Area of 
the Gulf of Alaska

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 Pacific cod by hook-
and-line catcher/processors in the Central Regulatory Area of the Gulf 
of Alaska (GOA). This action is necessary to prevent exceeding the A 
season allowance of the 2018 Pacific cod total allowable catch 
apportioned to hook-and-line catcher/processors in the Central 
Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 6, 2018, 
through 1200 hours, A.l.t., June 10, 2018.

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 2018 Pacific cod total allowable 
catch (TAC) apportioned to hook-and-line catcher/processors in the 
Central Regulatory Area of the GOA is 248 metric tons (mt), as 
established by the final 2018 and 2019 harvest specifications for 
groundfish of the GOA (83 FR 8786, 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 2018 Pacific cod TAC apportioned to hook-and-line 
catcher/processors in the Central Regulatory Area of the GOA will soon 
be reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 238 mt and is setting aside the remaining 
10 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 
hook-and-line catcher/processors in the Central 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 hook-and-
line catcher/processors in the Central 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 
March 5, 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: March 6, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-04826 Filed 3-6-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                           10406                Federal Register / Vol. 83, No. 47 / Friday, March 9, 2018 / Rules and Regulations

                                           Classification                                          DEPARTMENT OF COMMERCE                                of the 2018 Pacific cod TAC
                                                                                                                                                         apportioned to hook-and-line catcher/
                                           IPHC Regulations                                        National Oceanic and Atmospheric                      processors in the Central Regulatory
                                              These IPHC annual management                         Administration                                        Area of the GOA will soon be reached.
                                           measures are a product of an agreement                                                                        Therefore, the Regional Administrator is
                                                                                                   50 CFR Part 679                                       establishing a directed fishing
                                           between the United States and Canada
                                           and are published in the Federal                        [Docket No. 170816769–8162–02]                        allowance of 238 mt and is setting aside
                                           Register to provide notice of their                                                                           the remaining 10 mt as bycatch to
                                                                                                   RIN 0648–XF893                                        support other anticipated groundfish
                                           effectiveness and content. Pursuant to
                                           section 4 of the Northern Pacific Halibut                                                                     fisheries. In accordance with
                                                                                                   Fisheries of the Exclusive Economic
                                           Act of 1982, 16 U.S.C. 773c, the                                                                              § 679.20(d)(1)(iii), the Regional
                                                                                                   Zone Off Alaska; Pacific Cod by Hook-
                                           Secretary of State, with the concurrence                and-Line Catcher/Processors in the                    Administrator finds that this directed
                                           of the Secretary of Commerce, may                       Central Regulatory Area of the Gulf of                fishing allowance has been reached.
                                           ‘‘accept or reject’’ but not modify these               Alaska                                                Consequently, NMFS is prohibiting
                                           recommendations of the IPHC. The                                                                              directed fishing for Pacific cod by hook-
                                           notice-and-comment and delay-in-                        AGENCY:  National Marine Fisheries                    and-line catcher/processors in the
                                           effectiveness date provisions of the                    Service (NMFS), National Oceanic and                  Central Regulatory Area of the GOA.
                                           Administrative Procedure Act (APA), 5                   Atmospheric Administration (NOAA),                    After the effective date of this closure
                                           U.S.C. 553(b) and (d), are inapplicable                 Commerce.                                             the maximum retainable amounts at
                                           to IPHC management measures because                     ACTION: Temporary rule; closure.                      § 679.20(e) and (f) apply at any time
                                           this regulation involves a foreign affairs                                                                    during a trip.
                                                                                                   SUMMARY:   NMFS is prohibiting directed
                                           function of the United States, 5 U.S.C.                 fishing for Pacific cod by hook-and-line              Classification
                                           553(a)(1). As stated above, the Secretary               catcher/processors in the Central
                                           of State has no discretion to modify the                Regulatory Area of the Gulf of Alaska                    This action responds to the best
                                           recommendations of the IPHC. The                        (GOA). This action is necessary to                    available information recently obtained
                                           additional time necessary to comply                     prevent exceeding the A season                        from the fishery. The Assistant
                                           with the notice-and-comment and                         allowance of the 2018 Pacific cod total               Administrator for Fisheries, NOAA
                                           delay-in-effectiveness requirements of                  allowable catch apportioned to hook-                  (AA), finds good cause to waive the
                                           the APA would disrupt coordinated                       and-line catcher/processors in the                    requirement to provide prior notice and
                                           international conservation and                          Central Regulatory Area of the GOA.                   opportunity for public comment
                                           management of the halibut fishery                       DATES: Effective 1200 hours, Alaska                   pursuant to the authority set forth at 5
                                           pursuant to the Convention.                             local time (A.l.t.), March 6, 2018,                   U.S.C. 553(b)(B) as such requirement is
                                           Furthermore, no other law requires prior                through 1200 hours, A.l.t., June 10,                  impracticable and contrary to the public
                                           notice and public comment for this rule.                2018.                                                 interest. This requirement is
                                           Because prior notice and an opportunity                 FOR FURTHER INFORMATION CONTACT:              Josh
                                                                                                                                                         impracticable and contrary to the public
                                           for public comment are not required to                  Keaton, 907–586–7228.                                 interest as it would prevent NMFS from
                                           be provided for these portions of this                                                                        responding to the most recent fisheries
                                                                                                   SUPPLEMENTARY INFORMATION:     NMFS
                                           rule by 5 U.S.C. 553, or any other law,                                                                       data in a timely fashion and would
                                                                                                   manages the groundfish fishery in the
                                           the analytical requirements of the                                                                            delay the directed fishing closure of
                                                                                                   GOA exclusive economic zone
                                           Regulatory Flexibility Act, 5 U.S.C. 601                according to the Fishery Management                   Pacific cod by hook-and-line catcher/
                                           et seq., are not applicable. Accordingly,               Plan for Groundfish of the Gulf of                    processors in the Central Regulatory
                                           no Regulatory Flexibility Analysis is                   Alaska (FMP) prepared by the North                    Area of the GOA. NMFS was unable to
                                           required for this portion of the rule and               Pacific Fishery Management Council                    publish a notice providing time for
                                           none has been prepared. This final rule                 under authority of the Magnuson-                      public comment because the most
                                           has been determined to be not                           Stevens Fishery Conservation and                      recent, relevant data only became
                                           significant for the purposes of Executive               Management Act. Regulations governing                 available as of March 5, 2018.
                                           Order 12866.                                            fishing by U.S. vessels in accordance                    The AA also finds good cause to
                                              Authority: 16 U.S.C. 773 et seq.                     with the FMP appear at subpart H of 50                waive the 30-day delay in the effective
                                                                                                   CFR part 600 and 50 CFR part 679.                     date of this action under 5 U.S.C.
                                             Dated: March 6, 2018.
                                                                                                   Regulations governing sideboard                       553(d)(3). This finding is based upon
                                           Samuel D. Rauch III,                                    protections for GOA groundfish                        the reasons provided above for waiver of
                                           Deputy Assistant Administrator for                      fisheries appear at subpart B of 50 CFR               prior notice and opportunity for public
                                           Regulatory Programs, National Marine                    part 680.                                             comment.
                                           Fisheries Service.                                         The A season allowance of the 2018
                                           [FR Doc. 2018–04818 Filed 3–8–18; 8:45 am]              Pacific cod total allowable catch (TAC)                  This action is required by § 679.20
                                           BILLING CODE 3510–22–P                                  apportioned to hook-and-line catcher/                 and is exempt from review under
                                                                                                   processors in the Central Regulatory                  Executive Order 12866.
                                                                                                   Area of the GOA is 248 metric tons (mt),                Authority: 16 U.S.C. 1801 et seq.
                                                                                                   as established by the final 2018 and
                                                                                                                                                           Dated: March 6, 2018.
                                                                                                   2019 harvest specifications for
amozie on DSK30RV082PROD with RULES




                                                                                                   groundfish of the GOA (83 FR 8786,                    Emily H. Menashes,
                                                                                                   March 1, 2018).                                       Acting Director, Office of Sustainable
                                                                                                      In accordance with § 679.20(d)(1)(i),              Fisheries, National Marine Fisheries Service.
                                                                                                   the Administrator, Alaska Region,                     [FR Doc. 2018–04826 Filed 3–6–18; 4:15 pm]
                                                                                                   NMFS (Regional Administrator) has                     BILLING CODE 3510–22–P
                                                                                                   determined that the A season allowance


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Document Created: 2018-03-09 03:48:31
Document Modified: 2018-03-09 03:48:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesEffective 1200 hours, Alaska local time (A.l.t.), March 6, 2018, through 1200 hours, A.l.t., June 10, 2018.
ContactJosh Keaton, 907-586-7228.
FR Citation83 FR 10406 
RIN Number0648-XF89

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