83_FR_27632 83 FR 27518 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Jig Gear in the Central Regulatory Area of the Gulf of Alaska

83 FR 27518 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Jig Gear in the Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 114 (June 13, 2018)

Page Range27518-27519
FR Document2018-12702

NMFS is prohibiting directed fishing for Pacific cod by vessels using jig gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2018 Pacific cod total allowable catch apportioned to vessels using jig gear in the Central Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 114 (Wednesday, June 13, 2018) 
[Federal Register Volume 83, Number 114 (Wednesday, June 13, 2018)]
[Rules and Regulations]
[Pages 27518-27519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12702]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG285


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Vessels Using Jig Gear 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 
vessels using jig gear in the Central Regulatory Area of the Gulf of 
Alaska (GOA). This action is necessary to prevent exceeding the 2018 
Pacific cod total allowable catch apportioned to vessels using jig gear 
in the Central Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 10, 2018, 
through 2400 hours, A.l.t., December 31, 2018.

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. Regulations governing sideboard 
protections for GOA groundfish

[[Page 27519]]

fisheries appear at subpart B of 50 CFR part 680.
    The 2018 Pacific cod total allowable catch (TAC) apportioned to 
vessels using jig gear in the Central Regulatory Area of the GOA is 61 
metric tons (mt), as established by the final 2018 and 2019 harvest 
specifications for groundfish of the GOA (83 FR 8768, March 1, 2018).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the 2018 
Pacific cod TAC apportioned to vessels using jig gear in the Central 
Regulatory Area of the GOA is necessary to account for the incidental 
catch in other anticipated fisheries. Therefore, the Regional 
Administrator is establishing a directed fishing allowance of 0 mt and 
is setting aside the remaining 61 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 vessels using jig gear in the 
Central Regulatory Area of the GOA. While this closure is effective 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 vessels 
using jig gear 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 June 7, 
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: June 8, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-12702 Filed 6-8-18; 4:15 pm]
 BILLING CODE 3510-22-P

27518 Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Rules and Regulations delaying its effectiveness by at least principles of fundamental fairness 1.412 of the Commission’s rules, 47 CFR several months, would be impracticable which require that all affected persons 1.1, 1.3, and 1.412, that this Order is and contrary to the public interest. The be afforded a reasonable amount of time adopted. The Order is effective upon good cause exception to the notice and to prepare for the effective date of its publication in the Federal Register. comment procedures of the ruling.’ ’’ This interim relief imposes no 28. It is further ordered that, pursuant Administrative Procedures Act ‘‘excuses regulatory burden on any carrier but to § 1.3 of the Commission’s rules, 47 notice and comment in emergency merely offers funds to help their CFR 1.3, that § 54.313(c)(4) of the situations, or where delay could result restoration efforts. The Commission Commission’s rules, 47 CFR in serious harm.’’ therefore does not believe it would 54.313(c)(4), is waived to the extent 20. Given the emergency situation and violate fundamental fairness to make the described in this document. the devastation to communications action effective immediately, networks caused by the hurricanes, the Federal Communications Commission. particularly given the substantial need sooner providers receive additional for immediate implementation of the Marlene Dortch, funds, the sooner service can be restored relief, which only exists during calendar Secretary. to the people of Puerto Rico and the year 2018. Indeed, waiting 30 days to [FR Doc. 2018–12488 Filed 6–12–18; 8:45 am] U.S. Virgin Islands. As noted above, make this relief available ‘‘would BILLING CODE 6712–01–P Hurricane Maria was a once-in-a- undermine the public interest by century storm that caused devastating delaying’’ restoration of service in damage. Even after months of recovery hurricane-ravaged areas. DEPARTMENT OF COMMERCE efforts, ‘‘the majority of citizens in 23. Finally, given the urgent need to Puerto Rico lack access to continuous bring service back to pre-hurricane National Oceanic and Atmospheric and reliable telecommunications levels as soon as possible, the Administration services.’’ Similarly, ‘‘only a small Commission finds good cause to extend percentage of Viya’s wireline customers its previous waiver of § 54.313(c)(4) of 50 CFR Part 679 have had their voice, broadband, and the Commission’s rules, which requires cable service restored, and there are still carriers receiving frozen support to [Docket No. 170816769–8162–02] significant gaps in Viya’s USVI wireless certify that all support is used ‘‘to build coverage.’’ Voice and broadband- RIN 0648–XG285 and operate broadband-capable capable networks, of course, serve networks used to offer the provider’s Fisheries of the Exclusive Economic important public safety goals (including own retail broadband service in areas Zone Off Alaska; Pacific Cod by allowing the public to quickly notify substantially unserved by an Vessels Using Jig Gear in the Central first responders of emergencies). And unsubsidized competitor.’’ Regulatory Area of the Gulf of Alaska the next hurricane season commences on June 1, 2018. Delaying these funds IV. Procedural Matters AGENCY: National Marine Fisheries could result in serious harm if carriers A. Paperwork Reduction Act Service (NMFS), National Oceanic and are not able to restore and fortify their Atmospheric Administration (NOAA), service before the start of the next 24. This document does not contain Commerce. hurricane season. Such efforts will take new information collection ACTION: Temporary rule; closure. significant time, and the Commission requirements subject to the Paperwork wishes to help the carriers proceed as Reduction Act of 1995 (PRA), Public SUMMARY: NMFS is prohibiting directed rapidly as possible. Law 104–13. In addition, therefore, it fishing for Pacific cod by vessels using 21. The Commission is also concerned does not contain any new or jig gear in the Central Regulatory Area that some carriers might choose cheaper information collection burden for small of the Gulf of Alaska (GOA). This action restoration plans that leave equipment business concerns with fewer than 25 is necessary to prevent exceeding the vulnerable to another hurricane over employees, pursuant to the Small 2018 Pacific cod total allowable catch more costly restoration plans that better Business Paperwork Relief Act of 2002, apportioned to vessels using jig gear in protect against future natural disasters. Public Law 107–198, see 44 U.S.C. the Central Regulatory Area of the GOA. Further, unlike other affected areas, 3506(c)(4). DATES: Effective 1200 hours, Alaska Puerto Rico and the U.S. Virgin Islands local time (A.l.t.), June 10, 2018, B. Congressional Review Act have struggled to restore electrical through 2400 hours, A.l.t., December 31, power. One provider explains that 25. The Commission will send a copy 2018. ‘‘[t]he principal cause of of this Order to Congress and the communications outages and network Government Accountability Office FOR FURTHER INFORMATION CONTACT: unreliability in Puerto Rico pursuant to the Congressional Review Obren Davis, 907–586–7228. undoubtedly has been the continued Act, see 5 U.S.C. 801(a)(1)(A). SUPPLEMENTARY INFORMATION: NMFS lack of commercial power and long-term 26. Final Regulatory Flexibility manages the groundfish fishery in the reliance on backup generators.’’ Based Certification. Because the Order relies GOA exclusive economic zone on these unique circumstances, the upon the good cause exception to notice according to the Fishery Management Commission finds that the need for and comment procedures, no final Plan for Groundfish of the Gulf of rapid action provides good cause for regulatory flexibility analysis is required Alaska (FMP) prepared by the North forgoing the usual administrative under 5 U.S.C. 604. Pacific Fishery Management Council procedures in this unique situation. under authority of the Magnuson- 22. The Commission further finds V. Ordering Clauses Stevens Fishery Conservation and amozie on DSK3GDR082PROD with RULES good cause to make this relief effective 27. Accordingly, it is ordered, Management Act. Regulations governing immediately upon publication in the pursuant to the authority contained in fishing by U.S. vessels in accordance Federal Register. ‘‘In determining sections 4(i), 214, 254, 303(r), and 403 with the FMP appear at subpart H of 50 whether good cause exists, an agency of the Communications Act of 1934, as CFR part 600 and 50 CFR part 679. should ‘balance the necessity for amended, 47 U.S.C. 154(i), 214, 254, Regulations governing sideboard immediate implementation against 303(r), and 403, and §§ 1.1, 1.3, and protections for GOA groundfish VerDate Sep<11>2014 15:53 Jun 12, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM 13JNR1

Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Rules and Regulations 27519 fisheries appear at subpart B of 50 CFR fishing allowance has been reached. Pacific cod by vessels using jig gear in part 680. Consequently, NMFS is prohibiting the Central Regulatory Area of the GOA. The 2018 Pacific cod total allowable directed fishing for Pacific cod by NMFS was unable to publish a notice catch (TAC) apportioned to vessels vessels using jig gear in the Central providing time for public comment using jig gear in the Central Regulatory Regulatory Area of the GOA. While this because the most recent, relevant data Area of the GOA is 61 metric tons (mt), closure is effective the maximum only became available as of June 7, as established by the final 2018 and retainable amounts at § 679.20(e) and (f) 2018. 2019 harvest specifications for apply at any time during a trip. The AA also finds good cause to groundfish of the GOA (83 FR 8768, Classification waive the 30-day delay in the effective March 1, 2018). In accordance with § 679.20(d)(1)(i), This action responds to the best date of this action under 5 U.S.C. the Administrator, Alaska Region, available information recently obtained 553(d)(3). This finding is based upon NMFS (Regional Administrator) has from the fishery. The Assistant the reasons provided above for waiver of determined that the 2018 Pacific cod Administrator for Fisheries, NOAA prior notice and opportunity for public TAC apportioned to vessels using jig (AA), finds good cause to waive the comment. gear in the Central Regulatory Area of requirement to provide prior notice and This action is required by § 679.20 the GOA is necessary to account for the opportunity for public comment and is exempt from review under incidental catch in other anticipated pursuant to the authority set forth at 5 Executive Order 12866. fisheries. Therefore, the Regional U.S.C. 553(b)(B) as such requirement is Authority: 16 U.S.C. 1801 et seq. Administrator is establishing a directed impracticable and contrary to the public fishing allowance of 0 mt and is setting interest. This requirement is Dated: June 8, 2018. aside the remaining 61 mt as bycatch to impracticable and contrary to the public Jennifer M. Wallace, support other anticipated groundfish interest as it would prevent NMFS from Acting Director, Office of Sustainable fisheries. In accordance with responding to the most recent fisheries Fisheries, National Marine Fisheries Service. § 679.20(d)(1)(iii), the Regional data in a timely fashion and would [FR Doc. 2018–12702 Filed 6–8–18; 4:15 pm] Administrator finds that this directed delay the directed fishing closure of BILLING CODE 3510–22–P amozie on DSK3GDR082PROD with RULES VerDate Sep<11>2014 15:53 Jun 12, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\13JNR1.SGM 13JNR1


Document Created: 2018-06-12 23:58:50
Document Modified: 2018-06-12 23:58:50
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.), June 10, 2018, through 2400 hours, A.l.t., December 31, 2018.
ContactObren Davis, 907-586-7228.
FR Citation83 FR 27518 
RIN Number0648-XG28
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