83 FR 15325 - Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 69 (April 10, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 69 (April 10, 2018)
| Page Range | 15325-15326 | |
| FR Document | 2018-07333 |
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)] [Rules and Regulations] [Pages 15325-15326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07333] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779-8161-02] RIN 0648-XG161 Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the Bering Sea Subarea of 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 retention of non-Community Development Quota (CDQ) sablefish by vessels using trawl gear in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2018 non-CDQ sablefish initial total allowable catch (ITAC) in the Bering Sea subarea of the BSAI will be reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 5, 2018, through 2400 hrs, A.l.t., December 31, 2018. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228. 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. The 2018 non-CDQ sablefish trawl ITAC in the Bering Sea subarea of the BSAI is 622 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018). In accordance with Sec. 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2018 non-CDQ sablefish trawl ITAC in the Bering Sea subarea of the BSAI will soon be reached. Therefore, NMFS is requiring that non-CDQ sablefish caught with vessels using trawl gear in the Bering Sea subarea of the BSAI be treated as prohibited species in accordance with Sec. 679.21(b). [[Page 15326]] 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 prohibited retention of non-CDQ sablefish by vessels using trawl gear in the Bering Sea 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 April 4, 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 Sec. 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 5, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-07333 Filed 4-5-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Rules and Regulations 15325
business practices that they had had of an owner-onboard fishery and DEPARTMENT OF COMMERCE
prior to the implementation of the IFQ decreases opportunities for new entrants
Program and minimize disruption to to the IFQ fishery. National Oceanic and Atmospheric
existing business arrangements. Administration
To address this problem, the Council
Eligibility to use a hired master is tied
recommended and NMFS implemented
to the quota share holder and not the 50 CFR Part 679
the final rule to prohibit the use of a
quota share, so initial recipients could
use a hired master on quota share that hired master to fish IFQ sablefish and [Docket No. 170817779–8161–02]
they acquired over time. halibut derived from catcher vessel
quota share received by transfer after RIN 0648–XG161
The Council and NMFS have
amended the hired master use provision February 12, 2010, with some Fisheries of the Exclusive Economic
several times since implementation of exceptions described in the final rule Zone Off Alaska; Sablefish in the
the IFQ Program to further restrict the (79 FR 43679; July 28, 2014). The Bering Sea Subarea of the Bering Sea
use of hired masters and ensure that Analysis provides additional detail on and Aleutian Islands Management Area
quota share holders remain vested the need for the final rule and the
participants in the IFQ fisheries. The anticipated impacts of the final rule on AGENCY: National Marine Fisheries
most recent amendment further affected fishery participants. Service (NMFS), National Oceanic and
restricted the use of hired masters by Atmospheric Administration (NOAA),
On November 16, 2016, the United
prohibiting initial quota share recipients Commerce.
States District Court, Western District of
from using a hired master to harvest IFQ ACTION: Temporary rule; closure.
derived from catcher vessel quota share Washington found that NMFS did not
received by transfer after February 12, properly assess the final rule in light of SUMMARY: NMFS is prohibiting retention
2010 (79 FR 43679; July 28, 2014). The the National Standards in the of non-Community Development Quota
final rule to implement this restriction Magnuson-Stevens Act. The United (CDQ) sablefish by vessels using trawl
is a limited amendment to the IFQ States District Court remanded the final gear in the Bering Sea subarea of the
Program that specifies which quota rule to NMFS for further consideration Bering Sea and Aleutian Islands
share yields IFQ that can be fished by of the National Standards in section management area (BSAI). This action is
a hired master instead of the quota share 301(a) of the Magnuson-Stevens Act. necessary because the 2018 non-CDQ
holder. NMFS completed this consideration sablefish initial total allowable catch
The preamble to the final rule after evaluating the information used to (ITAC) in the Bering Sea subarea of the
describes the need for further prepare the final rule, information BSAI will be reached.
restrictions on the use of hired masters presented to the United States District DATES: Effective 1200 hrs, Alaska local
in the IFQ Program, and a brief Court, and the best available time (A.l.t.), April 5, 2018, through 2400
summary is provided here. In February information relevant to the impacts of hrs, A.l.t., December 31, 2018.
2010, the Council received testimony the final rule. NMFS has determined FOR FURTHER INFORMATION CONTACT:
that some quota share initial recipients that the final rule is consistent with the Steve Whitney, 907–586–7228.
were increasingly using hired masters National Standards as required by the
rather than continuing to be personally SUPPLEMENTARY INFORMATION: NMFS
Magnuson-Stevens Act, subject to manages the groundfish fishery in the
on board their vessels when fishing with
further consideration after public BSAI according to the Fishery
quota share. Increased use of hired
masters was attributed to initial comment. The Analysis describes the Management Plan for Groundfish of the
recipients purchasing increasing factors NMFS considered in making this Bering Sea and Aleutian Islands
amounts of quota share, and the IFQ determination. NMFS requests public Management Area (FMP) prepared by
derived from that quota share was being comment on the Analysis for the North Pacific Fishery Management
fished by hired masters. The Council consideration in its final determination Council under authority of the
was concerned that initial recipients of the consistency of the final rule with Magnuson-Stevens Fishery
were consolidating quota share to be the Magnuson-Stevens Act National Conservation and Management Act.
fished by hired masters and were Standards. Regulations governing fishing by U.S.
reducing opportunities for new entrants vessels in accordance with the FMP
Authority: 16 U.S.C. 1801 et seq.
to the fishery. The Council determined appear at subpart H of 50 CFR part 600
that the transition to a predominately Dated: April 4, 2018. and 50 CFR part 679.
owner-onboard fishery has been Jennifer M. Wallace, The 2018 non-CDQ sablefish trawl
unreasonably delayed because the Acting Director, Office of Sustainable ITAC in the Bering Sea subarea of the
ability to hire a master applies to the Fisheries, National Marine Fisheries Service. BSAI is 622 metric tons (mt) as
quota share holder and not the quota [FR Doc. 2018–07251 Filed 4–9–18; 8:45 am] established by the final 2018 and 2019
share itself. This allowed initial harvest specifications for groundfish in
BILLING CODE 3510–22–P
recipients to hire masters to harvest IFQ the BSAI (83 FR 8365, February 27,
derived not only from their initially 2018). In accordance with
issued quota share, but also IFQ derived § 679.20(d)(2), the Administrator,
from any quota share received by Alaska Region, NMFS (Regional
transfer after initial issuance. As a Administrator), has determined that the
result, quota share had become 2018 non-CDQ sablefish trawl ITAC in
jstallworth on DSKBBY8HB2PROD with RULES
consolidated among fewer initial the Bering Sea subarea of the BSAI will
recipients of quota share that use hired soon be reached. Therefore, NMFS is
masters. Quota share are remaining in requiring that non-CDQ sablefish caught
the hands of initial recipients who hire with vessels using trawl gear in the
masters to fish the resulting IFQ instead Bering Sea subarea of the BSAI be
of being transferred, which delays the treated as prohibited species in
progress toward the Program objective accordance with § 679.21(b).
VerDate Sep<11>2014 14:31 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM 10APR1](https://thefederalregister.org/doc/83_FR_15394/page/1.svg)
![15326 Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Rules and Regulations
After the effective date of this closure interest. This requirement is 553(d)(3). This finding is based upon
the maximum retainable amounts at impracticable and contrary to the public the reasons provided above for waiver of
§ 679.20(e) and (f) apply at any time interest as it would prevent NMFS from prior notice and opportunity for public
during a trip. responding to the most recent fisheries comment.
data in a timely fashion and would
Classification This action is required by § 679.20
delay the prohibited retention of non-
This action responds to the best and § 679.21 and is exempt from review
CDQ sablefish by vessels using trawl
available information recently obtained gear in the Bering Sea subarea of the under Executive Order 12866.
from the fishery. The Assistant BSAI. NMFS was unable to publish a Authority: 16 U.S.C. 1801 et seq.
Administrator for Fisheries, NOAA notice providing time for public Dated: April 5, 2018.
(AA), finds good cause to waive the comment because the most recent,
requirement to provide prior notice and Jennifer M. Wallace,
relevant data only became available as
opportunity for public comment April 4, 2018. Acting Director, Office of Sustainable
pursuant to the authority set forth at 5 The AA also finds good cause to Fisheries, National Marine Fisheries Service.
U.S.C. 553(b)(B) as such requirement is waive the 30-day delay in the effective [FR Doc. 2018–07333 Filed 4–5–18; 4:15 pm]
impracticable and contrary to the public date of this action under 5 U.S.C. BILLING CODE 3510–22–P
jstallworth on DSKBBY8HB2PROD with RULES
VerDate Sep<11>2014 14:31 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\10APR1.SGM 10APR1](https://thefederalregister.org/doc/83_FR_15394/page/2.svg)
Document Created: 2018-04-09 23:51:50
Document Modified: 2018-04-09 23:51:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), April 5, 2018, through 2400 hrs, A.l.t., December 31, 2018. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 83 FR 15325 | |
| RIN Number | 0648-XG16 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR