83_FR_13492 83 FR 13431 - Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area

83 FR 13431 - Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range13431-13432
FR Document2018-06330

NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2018 total allowable catch (TAC) of northern rockfish in the BSAI.

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Rules and Regulations]
[Pages 13431-13432]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06330]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG120


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for northern rockfish in the 
Bering Sea and Aleutian Islands Management Area (BSAI). This action is 
necessary to fully use the 2018 total allowable catch (TAC) of northern 
rockfish in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 26, 2018, 
through 2400 hrs, A.l.t., December 31, 2018. Comments must be received 
at the following address no later than 4:30 p.m., A.l.t., April 10, 
2018.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2017-0108, 
by either of the following methods:
     Federal e-Rulemaking Portal. Go to: https://www.regulations.gov/docket?D=NOAA-NMFS-2017-0108, click the ``Comment 
Now!'' icon, complete the required fields, and enter or attach your 
comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A''in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

[[Page 13432]]


SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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.
    Pursuant to the final 2018 and 2019 harvest specifications for 
groundfish in the BSAI (83 FR 8365, February 27, 2018), NMFS closed 
directed fishing for northern rockfish under Sec.  679.20(d)(1)(iii).
    As of March 21, 2018, NMFS has determined that approximately 4,800 
metric tons of northern rockfish initial TAC remains unharvested in the 
BSAI. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2018 TAC of 
northern rockfish in the BSAI, NMFS is terminating the previous closure 
and is opening directed fishing for northern rockfish in the BSAI. This 
will enhance the socioeconomic well-being of harvesters in this area. 
The Administrator, Alaska Region (Regional Administrator) considered 
the following factors in reaching this decision: (1) The current catch 
of northern rockfish in the BSAI and, (2) the harvest capacity and 
stated intent on future harvesting patterns of vessels in participating 
in this fishery.

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) and Sec.  679.25(c)(1)(ii) 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 opening of northern rockfish in 
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 March 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for northern rockfish in the BSAI to be harvested in an expedient 
manner and in accordance with the regulatory schedule. Under Sec.  
679.25(c)(2), interested persons are invited to submit written comments 
on this action to the above address until April 10, 2018.
    This action is required by Sec. Sec.  679.20 and 679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: March 26, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-06330 Filed 3-26-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations                                        13431

                                             Small Entity Compliance Guide                           § 660.360 Recreational fishery—                       DEPARTMENT OF COMMERCE
                                                                                                     management measures.
                                               Section 212 of the Small Business
                                                                                                     *       *    *     *     *                            National Oceanic and Atmospheric
                                             Regulatory Enforcement Fairness Act of
                                                                                                                                                           Administration
                                             1996 states that, for each rule or group                   (c) * * *
                                             of related rules for which an agency is                    (2) * * *                                          50 CFR Part 679
                                             required to prepare a FRFA, the agency
                                             shall publish one or more guides to                        (i) * * *                                          [Docket No. 170817779–8161–02]
                                             assist small entities in complying with                    (B) Recreational rockfish conservation             RIN 0648–XG120
                                             the rule, and shall designate such                      area (RCA). Fishing for groundfish with
                                             publications as ‘‘small entity                          recreational gear is prohibited within                Fisheries of the Exclusive Economic
                                             compliance guides.’’ The agency shall                   the recreational RCA, a type of closed                Zone Off Alaska; Northern Rockfish in
                                             explain the actions a small entity is                   area or groundfish conservation area. It              the Bering Sea and Aleutian Islands
                                             required to take to comply with a rule                  is unlawful to take and retain, possess,              Management Area
                                             or group of rules. As part of this                      or land groundfish taken with
                                             rulemaking process, NMFS will send a                                                                          AGENCY:  National Marine Fisheries
                                                                                                     recreational gear within the recreational             Service (NMFS), National Oceanic and
                                             small entity compliance guide to                        RCA. A vessel fishing in the recreational
                                             interested parties via the groundfish                                                                         Atmospheric Administration (NOAA),
                                                                                                     RCA may not be in possession of any                   Commerce.
                                             email list server. In addition, copies of               groundfish. [For example, if a vessel
                                             this final rule and guides (i.e.,                                                                             ACTION: Temporary rule; modification of
                                                                                                     fishes in the recreational salmon fishery             a closure.
                                             information bulletins) are available from
                                                                                                     within the RCA, the vessel cannot be in
                                             NMFS at the following website: http://
                                                                                                     possession of groundfish while within                 SUMMARY:    NMFS is opening directed
                                             www.westcoast.fisheries.noaa.gov/.
                                                                                                     the RCA. The vessel may, however, on                  fishing for northern rockfish in the
                                             List of Subjects in 50 CFR Part 660                     the same trip fish for and retain                     Bering Sea and Aleutian Islands
                                               Fisheries, Fishing, and Reporting and                 groundfish shoreward of the RCA on the                Management Area (BSAI). This action is
                                             recordkeeping requirements.                             return trip to port.] Off Oregon, from                necessary to fully use the 2018 total
                                                                                                     April 1 through September 30,                         allowable catch (TAC) of northern
                                               Dated: March 23, 2018.                                                                                      rockfish in the BSAI.
                                                                                                     recreational fishing for groundfish is
                                             Samuel D. Rauch III,                                                                                          DATES: Effective 1200 hrs, Alaska local
                                                                                                     prohibited seaward of a recreational
                                             Deputy Assistant Administrator for                                                                            time (A.l.t.), March 26, 2018, through
                                                                                                     RCA boundary line approximating the
                                             Regulatory Programs, National Marine                                                                          2400 hrs, A.l.t., December 31, 2018.
                                             Fisheries Service.                                      40 fm (73 m) depth contour, except that
                                                                                                     fishing for flatfish (other than Pacific              Comments must be received at the
                                               For the reasons set out in the                                                                              following address no later than 4:30
                                                                                                     halibut) is allowed seaward of the 40 fm
                                             preamble, 50 CFR part 660 is amended                                                                          p.m., A.l.t., April 10, 2018.
                                                                                                     (73 m) depth contour when recreational
                                             as follows:                                                                                                   ADDRESSES: You may submit comments,
                                                                                                     fishing for groundfish is permitted, and
                                                                                                     fishing with long-leader gear (as defined             identified by NOAA–NMFS–2017–0108,
                                             PART 660—FISHERIES OFF WEST
                                                                                                     in § 660.351) is allowed seaward of the               by either of the following methods:
                                             COAST STATES                                                                                                     • Federal e-Rulemaking Portal. Go to:
                                                                                                     40 fm (73 m) depth contour (i.e., within
                                             ■ 1. The authority citation for part 660                                                                      https://www.regulations.gov/
                                                                                                     the RCA) from April 1 through
                                             continues to read as follows:                                                                                 docket?D=NOAA-NMFS-2017-0108,
                                                                                                     September 30. Coordinates for the
                                                                                                                                                           click the ‘‘Comment Now!’’ icon,
                                               Authority: 16 U.S.C. 1801 et seq., 16                 boundary line approximating the 40 fm
                                                                                                                                                           complete the required fields, and enter
                                             U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.          (73 m) depth contour are listed at                    or attach your comments.
                                             ■ 2. In § 660.351, add in alphabetical                  § 660.71.                                                • Mail: Submit written comments to
                                             order the definition of ‘‘long-leader                   *       *    *     *     *                            Glenn Merrill, Assistant Regional
                                             gear’’ as follows:                                         (iii) * * *                                        Administrator, Sustainable Fisheries
                                                                                                                                                           Division, Alaska Region NMFS, Attn:
                                             § 660.351 Recreational fishery—                            (B) Lingcod. There is a 3 fish limit per           Ellen Sebastian. Mail comments to P.O.
                                             definitions.                                            day for lingcod from January 1 through                Box 21668, Juneau, AK 99802–1668.
                                             *     *     *      *     *                              December 31. The minimum size for                        Instructions: Comments sent by any
                                               Long-leader gear (also known as                       lingcod retained in the Oregon                        other method, to any other address or
                                             Holloway gear) means fishing gear with                  recreational fishery is 22 in (56 cm) total           individual, or received after the end of
                                             the following: One fishing line,                        length. For vessels using long-leader                 the comment period, may not be
                                             deployed with a sinker and no more                      gear (as defined in § 660.351) and                    considered by NMFS. All comments
                                             than three hooks, with a minimum of 30                  fishing inside the recreational RCA,                  received are a part of the public record
                                             feet (9.14 meters) between the sinker                   possession of lingcod is prohibited.                  and will generally be posted for public
                                             and the lowest hook, and a non-                                                                               viewing on www.regulations.gov
                                                                                                     *       *    *     *     *
                                             compressible float attached to the line                 [FR Doc. 2018–06316 Filed 3–28–18; 8:45 am]           without change. All personal identifying
                                             above the hooks. The gear may be                                                                              information (e.g., name, address),
                                                                                                     BILLING CODE 3510–22–P
                                             equipped with artificial lures and flies                                                                      confidential business information, or
                                             less than or equal to 5 inches in length.                                                                     otherwise sensitive information
                                             Natural bait, and lures or flies greater                                                                      submitted voluntarily by the sender will
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                                             than 5 inches in length, may not be                                                                           be publicly accessible. NMFS will
                                             used.                                                                                                         accept anonymous comments (enter
                                             *     *     *      *     *                                                                                    ‘‘N/A’’in the required fields if you wish
                                             ■ 3. In § 660.360, paragraphs (c)(2)(i)(B)                                                                    to remain anonymous).
                                             and (c)(2)(iii)(B) are revised to read as                                                                     FOR FURTHER INFORMATION CONTACT:
                                             follows:                                                                                                      Steve Whitney, 907–586–7228.


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                                             13432             Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

                                             SUPPLEMENTARY INFORMATION:        NMFS                  will enhance the socioeconomic well-                  comment because the most recent,
                                             manages the groundfish fishery in the                   being of harvesters in this area. The                 relevant data only became available as
                                             BSAI according to the Fishery                           Administrator, Alaska Region (Regional                of March 21, 2018.
                                             Management Plan for Groundfish of the                   Administrator) considered the following                 The AA also finds good cause to
                                             Bering Sea and Aleutian Islands                         factors in reaching this decision: (1) The            waive the 30-day delay in the effective
                                             Management Area (FMP) prepared by                       current catch of northern rockfish in the             date of this action under 5 U.S.C.
                                             the North Pacific Fishery Management                    BSAI and, (2) the harvest capacity and                553(d)(3). This finding is based upon
                                             Council under authority of the                          stated intent on future harvesting                    the reasons provided above for waiver of
                                             Magnuson-Stevens Fishery                                patterns of vessels in participating in               prior notice and opportunity for public
                                             Conservation and Management Act.                        this fishery.                                         comment.
                                             Regulations governing fishing by U.S.
                                                                                                     Classification                                          Without this inseason adjustment,
                                             vessels in accordance with the FMP
                                             appear at subpart H of 50 CFR part 600                     This action responds to the best                   NMFS could not allow the fishery for
                                             and 50 CFR part 679.                                    available information recently obtained               northern rockfish in the BSAI to be
                                                Pursuant to the final 2018 and 2019                  from the fishery. The Assistant                       harvested in an expedient manner and
                                             harvest specifications for groundfish in                Administrator for Fisheries, NOAA                     in accordance with the regulatory
                                             the BSAI (83 FR 8365, February 27,                      (AA), finds good cause to waive the                   schedule. Under § 679.25(c)(2),
                                             2018), NMFS closed directed fishing for                 requirement to provide prior notice and               interested persons are invited to submit
                                             northern rockfish under                                 opportunity for public comment                        written comments on this action to the
                                             § 679.20(d)(1)(iii).                                    pursuant to the authority set forth at 5              above address until April 10, 2018.
                                                As of March 21, 2018, NMFS has                       U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as              This action is required by §§ 679.20
                                             determined that approximately 4,800                     such requirement is impracticable and                 and 679.25 and is exempt from review
                                             metric tons of northern rockfish initial                contrary to the public interest. This                 under Executive Order 12866.
                                             TAC remains unharvested in the BSAI.                    requirement is impracticable and                        Authority: 16 U.S.C. 1801 et seq.
                                             Therefore, in accordance with                           contrary to the public interest as it
                                             § 679.25(a)(1)(i), (a)(2)(i)(C), and                    would prevent NMFS from responding                      Dated: March 26, 2018.
                                             (a)(2)(iii)(D), and to fully utilize the                to the most recent fisheries data in a                Jennifer M. Wallace,
                                             2018 TAC of northern rockfish in the                    timely fashion and would delay the                    Acting Director, Office of Sustainable
                                             BSAI, NMFS is terminating the previous                  opening of northern rockfish in the                   Fisheries, National Marine Fisheries Service.
                                             closure and is opening directed fishing                 BSAI. NMFS was unable to publish a                    [FR Doc. 2018–06330 Filed 3–26–18; 4:15 pm]
                                             for northern rockfish in the BSAI. This                 notice providing time for public                      BILLING CODE 3510–22–P
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Document Created: 2018-03-29 00:25:45
Document Modified: 2018-03-29 00:25:45
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; modification of a closure.
DatesEffective 1200 hrs, Alaska local time (A.l.t.), March 26, 2018, through 2400 hrs, A.l.t., December 31, 2018. Comments must be received
ContactSteve Whitney, 907-586-7228.
FR Citation83 FR 13431 
RIN Number0648-XG12

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