83_FR_22505 83 FR 22411 - Fisheries of the Exclusive Economic Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

83 FR 22411 - Fisheries of the Exclusive Economic 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 94 (May 15, 2018)

Page Range22411-22412
FR Document2018-10326

NMFS is opening 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 to fully use the 2018 groundfish total allowable catch specified for the species comprising the deep- water species category in the GOA.

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018) 
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Rules and Regulations]
[Pages 22411-22412]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10326]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG225


Fisheries of the Exclusive Economic 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; opening.

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SUMMARY: NMFS is opening 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 to fully use the 2018 groundfish 
total allowable catch specified for the species comprising the deep-
water species category in the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 15, 2018, 
through 1200 hours, A.l.t., July 1, 2018.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., May 29, 2018.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2017-0107 by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0107, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Address 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). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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.
    NMFS prohibited directed fishing for species that comprise the 
deep-water species fishery by vessels using trawl gear in the GOA, 
effective 1200 hours, A.l.t., April 23, 2018 (83 FR 18235, April 26, 
2018) under Sec.  679.21(d)(6)(i). That action was necessary because 
the second seasonal apportionment of the Pacific halibut catch (PSC) 
allowance specified for the deep-water species fishery in the GOA was 
reached. The species and species groups that comprise the deep-water 
species fishery include sablefish, rockfish, deep-water flatfish, rex 
sole, and arrowtooth flounder.
    Regulations at Sec.  679.21(d)(4)(iii)(D) require NMFS to combine 
management of the available trawl halibut PSC limits in the second 
season (April 1 through July 1) deep-water and shallow-water species 
fishery categories for use in either fishery from May 15 through June 
30 of each year. The combined second seasonal apportionment of Pacific 
halibut PSC limit is 702 metric tons (mt). This includes the deep-water 
and shallow water Pacific halibut PSC limits carried forward from the 
first seasonal apportionments (January 20 through April 1). The deep-
water and shallow-water Pacific halibut PSC limit apportionments were 
established by the final 2018 and 2019 harvest specifications for 
groundfish of the GOA (83 FR 8768, March 1, 2018).
    As of May 9, 2018, NMFS has determined that there is approximately 
411 mt of the trawl Pacific halibut PSC limit remaining in the deep-
water fishery and shallow-water fishery second seasonal apportionments. 
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 groundfish total 
allowable catch available in the deep-water species fishery category 
NMFS is terminating the previous closure and is reopening directed 
fishing for species comprising the deep-water fishery category in the 
GOA. The Administrator, Alaska Region (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current harvest of Pacific halibut PSC in the deep-water species trawl 
fishery of the GOA 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) 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

[[Page 22412]]

responding to the most recent fisheries data in a timely fashion and 
would delay the opening of directed fishing for species comprising the 
deep-water species fishery category 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 May 9, 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 trawl 
deep-water species fishery in the GOA 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 May 29, 2018.
    This action is required by Sec. Sec.  679.21 and 679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: May 10, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-10326 Filed 5-14-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Rules and Regulations 22411 2017 shorebased 2018 shorebased IFQ species Area trawl allocation trawl allocation (mt) (mt) Shortspine thornyhead ............................................ North of 34°27′ N lat .............................................. 1551.3 1,537.0 Shortspine thornyhead ............................................ South of 34°27′ N lat .............................................. 50.0 50.0 Splitnose rockfish .................................................... South of 40°10′ N lat .............................................. 1661.8 1,662.8 Starry flounder ........................................................ Coastwide ............................................................... 630.9 630.9 Widow rockfish ........................................................ Coastwide ............................................................... 11,392.7 10,661.5 YELLOWEYE ROCKFISH ...................................... Coastwide ............................................................... 1.10 1.10 Yellowtail rockfish ................................................... North of 40°10′ N lat .............................................. 4,246.1 4,075.4 * * * * * Ellen Sebastian. Mail comments to P.O. in the second season (April 1 through [FR Doc. 2018–10230 Filed 5–14–18; 8:45 am] Box 21668, Juneau, AK 99802–1668. July 1) deep-water and shallow-water BILLING CODE 3510–22–P Instructions: Comments sent by any species fishery categories for use in other method, to any other address or either fishery from May 15 through June individual, or received after the end of 30 of each year. The combined second DEPARTMENT OF COMMERCE the comment period, may not be seasonal apportionment of Pacific considered by NMFS. All comments halibut PSC limit is 702 metric tons National Oceanic and Atmospheric received are a part of the public record (mt). This includes the deep-water and Administration and will generally be posted for public shallow water Pacific halibut PSC limits viewing on www.regulations.gov carried forward from the first seasonal 50 CFR Part 679 without change. All personal identifying apportionments (January 20 through [Docket No. 170816769–8162–02] information (e.g., name, address), April 1). The deep-water and shallow- confidential business information, or water Pacific halibut PSC limit RIN 0648–XG225 otherwise sensitive information apportionments were established by the Fisheries of the Exclusive Economic submitted voluntarily by the sender will final 2018 and 2019 harvest Zone Off Alaska; Deep-Water Species be publicly accessible. NMFS will specifications for groundfish of the GOA Fishery by Vessels Using Trawl Gear in accept anonymous comments (enter (83 FR 8768, March 1, 2018). the Gulf of Alaska ‘‘N/A’’ in the required fields if you wish As of May 9, 2018, NMFS has to remain anonymous). Attachments to determined that there is approximately AGENCY: National Marine Fisheries electronic comments will be accepted in 411 mt of the trawl Pacific halibut PSC Service (NMFS), National Oceanic and Microsoft Word, Excel, or Adobe PDF limit remaining in the deep-water Atmospheric Administration (NOAA), file formats only. fishery and shallow-water fishery Commerce. FOR FURTHER INFORMATION CONTACT: second seasonal apportionments. ACTION: Temporary rule; opening. Obren Davis, 907–586–7228. Therefore, in accordance with SUPPLEMENTARY INFORMATION: NMFS § 679.25(a)(1)(i), (a)(2)(i)(C), and SUMMARY: NMFS is opening directed manages the groundfish fishery in the (a)(2)(iii)(D), and to fully utilize the fishing for species that comprise the GOA exclusive economic zone 2018 groundfish total allowable catch deep-water species fishery by vessels according to the Fishery Management available in the deep-water species using trawl gear in the Gulf of Alaska Plan for Groundfish of the Gulf of fishery category NMFS is terminating (GOA). This action is necessary to fully Alaska (FMP) prepared by the North the previous closure and is reopening use the 2018 groundfish total allowable Pacific Fishery Management Council directed fishing for species comprising catch specified for the species under authority of the Magnuson- the deep-water fishery category in the comprising the deep-water species Stevens Fishery Conservation and GOA. The Administrator, Alaska Region category in the GOA. Management Act. Regulations governing (Regional Administrator) considered the DATES: Effective 1200 hours, Alaska fishing by U.S. vessels in accordance following factors in reaching this local time (A.l.t.), May 15, 2018, through with the FMP appear at subpart H of 50 decision: (1) The current harvest of 1200 hours, A.l.t., July 1, 2018. CFR part 600 and 50 CFR part 679. Pacific halibut PSC in the deep-water Comments must be received at the NMFS prohibited directed fishing for species trawl fishery of the GOA and, (2) following address no later than 4:30 species that comprise the deep-water the harvest capacity and stated intent on p.m., A.l.t., May 29, 2018. species fishery by vessels using trawl future harvesting patterns of vessels in ADDRESSES: You may submit comments gear in the GOA, effective 1200 hours, participating in this fishery. on this document, identified by FDMS A.l.t., April 23, 2018 (83 FR 18235, Classification Docket Number NOAA–NMFS–2017– April 26, 2018) under § 679.21(d)(6)(i). 0107 by any of the following methods: That action was necessary because the This action responds to the best • Electronic Submission: Submit all second seasonal apportionment of the available information recently obtained electronic public comments via the Pacific halibut catch (PSC) allowance from the fishery. The Assistant Federal e-Rulemaking Portal. Go to specified for the deep-water species Administrator for Fisheries, NOAA www.regulations.gov/ fishery in the GOA was reached. The (AA), finds good cause to waive the #!docketDetail;D=NOAA-NMFS-2017- species and species groups that requirement to provide prior notice and opportunity for public comment daltland on DSKBBV9HB2PROD with RULES 0107, click the ‘‘Comment Now!’’ icon, comprise the deep-water species fishery complete the required fields, and enter include sablefish, rockfish, deep-water pursuant to the authority set forth at 5 or attach your comments. flatfish, rex sole, and arrowtooth U.S.C. 553(b)(B) as such requirement is • Mail: Address written comments to flounder. impracticable and contrary to the public Glenn Merrill, Assistant Regional Regulations at § 679.21(d)(4)(iii)(D) interest. This requirement is Administrator, Sustainable Fisheries require NMFS to combine management impracticable and contrary to the public Division, Alaska Region NMFS, Attn: of the available trawl halibut PSC limits interest as it would prevent NMFS from VerDate Sep<11>2014 16:07 May 14, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1

22412 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Rules and Regulations responding to the most recent fisheries 553(d)(3). This finding is based upon This action is required by §§ 679.21 data in a timely fashion and would the reasons provided above for waiver of and 679.25 and is exempt from review delay the opening of directed fishing for prior notice and opportunity for public under Executive Order 12866. species comprising the deep-water comment. Authority: 16 U.S.C. 1801 et seq. species fishery category in the GOA. Without this inseason adjustment, NMFS was unable to publish a notice NMFS could not allow the trawl deep- Dated: May 10, 2018. providing time for public comment water species fishery in the GOA to be Jennifer M. Wallace, because the most recent, relevant data harvested in an expedient manner and Acting Director, Office of Sustainable only became available as of May 9, in accordance with the regulatory Fisheries, National Marine Fisheries Service. 2018. schedule. Under § 679.25(c)(2), [FR Doc. 2018–10326 Filed 5–14–18; 8:45 am] The AA also finds good cause to interested persons are invited to submit BILLING CODE 3510–22–P waive the 30-day delay in the effective written comments on this action to the date of this action under 5 U.S.C. above address until May 29, 2018. daltland on DSKBBV9HB2PROD with RULES VerDate Sep<11>2014 16:07 May 14, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4700 Sfmt 9990 E:\FR\FM\15MYR1.SGM 15MYR1


Document Created: 2018-05-15 00:34:10
Document Modified: 2018-05-15 00:34:10
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; opening.
DatesEffective 1200 hours, Alaska local time (A.l.t.), May 15, 2018, through 1200 hours, A.l.t., July 1, 2018.
ContactObren Davis, 907-586-7228.
FR Citation83 FR 22411 
RIN Number0648-XG22
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