83 FR 18235 - Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 81 (April 26, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 81 (April 26, 2018)
| Page Range | 18235-18236 | |
| FR Document | 2018-08782 |
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)] [Rules and Regulations] [Pages 18235-18236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08782] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769-8162-02] RIN 0648-XG192 Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in 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 species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA will be reached. DATES: Effective 1200 hours, Alaska local time, April 23, 2018, through 1200 hours, A.l.t., May 15, 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. The second seasonal apportionment of the Pacific halibut bycatch allowance specified for the trawl deep-water species fishery in the GOA is 256 metric tons as established by the final 2018 and 2019 harvest specifications for groundfish of the GOA (83 FR 8768, March 1, 2018), for the period 1200 hours, A.l.t., April 1, 2018, through 1200 hours, A.l.t., July 1, 2018. In accordance with Sec. 679.21(d)(6)(i), the Administrator, Alaska Region, [[Page 18236]] NMFS, has determined that the second seasonal apportionment of the Pacific halibut bycatch allowance specified for the trawl deep-water species fishery in the GOA will be reached. Consequently, NMFS is prohibiting directed fishing for the deep-water species fishery by vessels using trawl gear in the GOA. The species and species groups that comprise the deep-water species fishery include sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth flounder. This closure does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Program for the Central 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 closure of the deep-water species fishery by vessels using trawl gear in 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 April 20, 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. 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 23, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-08782 Filed 4-23-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations 18235
all non-zero forecast abundance. prudent alternatives in the jeopardy Dated: April 23, 2018.
Because of this feature, this action is biological opinions. Samuel D. Rauch, III,
unlikely to result in fishery closure in The AA finds that good cause exists Deputy Assistant Administrator for
the analysis area. The selected under 5 U.S.C. 553(d)(3), to waive the Regulatory Programs, National Marine
alternative also provides increased 30-day delay in effectiveness. This rule Fisheries Service.
certainty to operators over the status implements changes in management [FR Doc. 2018–08767 Filed 4–25–18; 8:45 am]
quo, in which the Council has elected measures to limit incidental catch of BILLING CODE 3510–22–P
lower impact rates than specified by the endangered SRWC in fisheries managed
current control rule. Therefore, this
under the Council’s FMP; these
action would be expected to have a DEPARTMENT OF COMMERCE
management measures will be used in
positive impact of low magnitude on
setting ocean salmon fisheries, National Oceanic and Atmospheric
economic benefits to fishery-dependent
beginning in 2018. As previously Administration
communities that would vary year-to-
year, but not likely to be significant. discussed, the actions in this rule were
Commercial trollers and charter developed through the Council process. 50 CFR Part 679
operators face a variety of constraining The actions were adopted by the
Council over multiple Council meetings [Docket No. 170816769–8162–02]
stocks. In no year has SWRC been the
only constraining stock. Entities are and the final recommendation was RIN 0648–XG192
constrained by both ESA-listed and non- transmitted to NMFS in December 2017.
listed species; the years that had the Subsequently, NMFS completed a draft Fisheries of the Economic Exclusive
most constrained fisheries in the last NEPA analysis to accompany the Zone Off Alaska; Deep-Water Species
decade were 2008 and 2009, when proposed rule. In order to complete this Fishery by Vessels Using Trawl Gear in
fisheries in the analysis area were work and include a meaningful public the Gulf of Alaska
closed to limit impacts to Sacramento comment opportunity on the proposed
AGENCY: National Marine Fisheries
River fall Chinook, not an ESA-listed rule, this rulemaking could not be
Service (NMFS), National Oceanic and
species, rather than the ESA-listed completed sooner. The Council
Atmospheric Administration (NOAA),
species SRWC. Thus, while entities will developed 2018 ocean salmon fishery
Commerce.
likely continue to face constraints management measures at their April 5–
ACTION: Temporary rule; closure.
relative to fishing opportunities, 11, 2018 meeting based on the new
because the action is expected to management framework described in SUMMARY: NMFS is prohibiting directed
provide low-positive benefits to both this rule. Delaying the effectiveness of fishing for species that comprise the
commercial and charter operators, the actions in this rule by 30 days deep-water species fishery by vessels
NMFS does not expect the rule to would complicate NMFS’ ability to using trawl gear in the Gulf of Alaska
impose significant negative economic make determinations regarding those (GOA). This action is necessary because
effects. ocean salmon fishery management the second seasonal apportionment of
This final rule does not establish any measures that manage fishery impacts the Pacific halibut bycatch allowance
new reporting or recordkeeping on SRWC consistent with the best specified for the deep-water species
requirements. This final rule does not available science prior to May 1, 2018, fishery in the GOA will be reached.
include a collection of information. No when significant salmon fisheries start.
DATES: Effective 1200 hours, Alaska
Federal rules have been identified that Because delaying the effectiveness of
local time, April 23, 2018, through 1200
duplicate, overlap, or conflict with this this rule would mean delaying the
hours, A.l.t., May 15, 2018.
action. effectiveness of salmon fishery
This action is the subject of a FOR FURTHER INFORMATION CONTACT: Josh
management measures based on the best
consultation under section 7 of the ESA. available science, it would undermine Keaton, 907–586–7228.
NMFS has prepared a biological opinion the purposes of this agency action and SUPPLEMENTARY INFORMATION: NMFS
on the effects of this action on SRWC. the requirements of the Magnuson- manages the groundfish fishery in the
The biological opinion concluded that Stevens Act (MSA). Specifically, the GOA exclusive economic zone
the action does not jeopardize SRWC. management framework described in according to the Fishery Management
This action is not expected to have this rule relies on new abundance Plan for Groundfish of the Gulf of
adverse effects on any other species forecasting methodology that is forward- Alaska (FMP) prepared by the North
listed under the ESA or designated looking and thus takes into account Pacific Fishery Management Council
critical habitat. This action implements environmental conditions that could under authority of the Magnuson-
a new harvest control rule to limit affect abundance in the future. This is Stevens Fishery Conservation and
impacts on SRWC from the ocean the best available science on which to Management Act. Regulations governing
salmon fishery and will be used in the base decisions about fishery impacts on fishing by U.S. vessels in accordance
setting of annual management measures SRWC. with the FMP appear at subpart H of 50
for West Coast salmon fisheries. NMFS CFR part 600 and 50 CFR part 679.
has current ESA biological opinions that This final rule was developed after The second seasonal apportionment
cover fishing under annual regulations meaningful collaboration with West of the Pacific halibut bycatch allowance
adopted under the FMP on all ESA- Coast tribes, through the Council specified for the trawl deep-water
listed salmon species. Some of NMFS process. Under the MSA at 16 U.S.C. species fishery in the GOA is 256 metric
past biological opinions have found no 1852(b)(5), one of the voting members of tons as established by the final 2018 and
the Council must be a representative of
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jeopardy, and others have found 2019 harvest specifications for
jeopardy, but provided reasonable and an Indian Tribe with Federally groundfish of the GOA (83 FR 8768,
prudent alternatives to avoid jeopardy. recognized fishing rights from the area March 1, 2018), for the period 1200
The annual management measures are of the Council’s jurisdiction. No tribes hours, A.l.t., April 1, 2018, through
designed to be consistent with the with Federally recognized fishing rights 1200 hours, A.l.t., July 1, 2018.
biological opinions that found no are expected to be affected by this rule. In accordance with § 679.21(d)(6)(i),
jeopardy, and with the reasonable and Authority: 16 U.S.C. 1801 et seq. the Administrator, Alaska Region,
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![18236 Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations
NMFS, has determined that the second Classification public comment because the most
seasonal apportionment of the Pacific recent, relevant data only became
halibut bycatch allowance specified for This action responds to the best available as of April 20, 2018.
the trawl deep-water species fishery in available information recently obtained The AA also finds good cause to
the GOA will be reached. Consequently, from the fishery. The Assistant waive the 30-day delay in the effective
NMFS is prohibiting directed fishing for Administrator for Fisheries, NOAA date of this action under 5 U.S.C.
the deep-water species fishery by (AA), finds good cause to waive the 553(d)(3). This finding is based upon
requirement to provide prior notice and the reasons provided above for waiver of
vessels using trawl gear in the GOA. The
opportunity for public comment prior notice and opportunity for public
species and species groups that
pursuant to the authority set forth at 5 comment.
comprise the deep-water species fishery
U.S.C. 553(b)(B) as such requirement is This action is required by § 679.21
include sablefish, rockfish, deep-water
impracticable and contrary to the public and is exempt from review under
flatfish, rex sole, and arrowtooth interest. This requirement is
flounder. This closure does not apply to Executive Order 12866.
impracticable and contrary to the public
fishing by vessels participating in the Authority: 16 U.S.C. 1801 et seq.
interest as it would prevent NMFS from
cooperative fishery in the Rockfish responding to the most recent fisheries Dated: April 23, 2018.
Program for the Central GOA. data in a timely fashion and would Jennifer M. Wallace,
After the effective date of this closure delay the closure of the deep-water Acting Director, Office of Sustainable
the maximum retainable amounts at species fishery by vessels using trawl Fisheries, National Marine Fisheries Service.
§ 679.20(e) and (f) apply at any time gear in the GOA. NMFS was unable to [FR Doc. 2018–08782 Filed 4–23–18; 4:15 pm]
during a trip. publish a notice providing time for BILLING CODE 3510–22–P
rmajette on DSKBCKNHB2PROD with RULES
VerDate Sep<11>2014 14:41 Apr 25, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 E:\FR\FM\26APR1.SGM 26APR1](https://thefederalregister.org/doc/83_FR_18316/page/2.svg)
Document Created: 2018-11-02 08:20:19
Document Modified: 2018-11-02 08:20:19
| 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 hours, Alaska local time, April 23, 2018, through 1200 hours, A.l.t., May 15, 2018. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 83 FR 18235 | |
| RIN Number | 0648-XG19 |
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