83 FR 2932 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 14 (January 22, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 14 (January 22, 2018)
| Page Range | 2932-2933 | |
| FR Document | 2018-01041 |
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)] [Rules and Regulations] [Pages 2932-2933] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01041] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF948 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod 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; reallocation. ----------------------------------------------------------------------- SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2018 total allowable catch of Pacific cod to be harvested. DATES: Effective January 17, 2018, through 2400 hours, Alaska local time (A.l.t.), December 31, 2018. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (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 A season apportionment of the 2018 Pacific cod total allowable catch (TAC) specified for vessels using jig gear in the BSAI is 1,529 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and inseason adjustment (82 FR 60329, December 20, 2017). The 2018 Pacific cod TAC allocated to catcher vessels less than 60 feet (18.3 meters(m)) length overall (LOA) using hook-and-line or pot gear in the BSAI is 3,627 mt as established by final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and inseason adjustment (82 FR 60329, December 20, 2017. The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that jig vessels will not be able to harvest 1,400 mt of the A season apportionment of the 2018 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec. 679.20(a)(7)(iv)(C), NMFS apportions 1,400 mt of Pacific cod from the A season jig gear apportionment to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. The harvest specifications for Pacific cod included in final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and inseason adjustment (82 FR 60329, December 20, 2017) are revised as follows: 129 mt to the A season apportionment and 1,149 mt to the annual amount for vessels using jig gear, and 5,027 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. 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 reallocation of Pacific cod specified from jig vessels to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of January 11, 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 [[Page 2933]] 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: January 17, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-01041 Filed 1-17-18; 4:15 pm] BILLING CODE 3510-22-P
![2932 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
miles of the baseline from which the DEPARTMENT OF COMMERCE adjustment (82 FR 60329, December 20,
territorial sea is measured, use or have 2017.
on board a trawl net with a mesh size National Oceanic and Atmospheric The Administrator, Alaska Region,
less than 4 inches (10.2 cm), as Administration NMFS, (Regional Administrator) has
measured between the centers of determined that jig vessels will not be
opposite knots when pulled taut. 50 CFR Part 679 able to harvest 1,400 mt of the A season
[Docket No. 161020985–7181–02]
apportionment of the 2018 Pacific cod
Classification TAC allocated to those vessels under
The Regional Administrator for the RIN 0648–XF948 § 679.20(a)(7)(ii)(A)(1). Therefore, in
accordance with § 679.20(a)(7)(iv)(C),
NMFS Southeast Region has determined Fisheries of the Exclusive Economic NMFS apportions 1,400 mt of Pacific
this temporary rule is necessary for the Zone Off Alaska; Reallocation of cod from the A season jig gear
conservation and management of the Pacific Cod in the Bering Sea and apportionment to the annual amount
spawning stock of white shrimp off Aleutian Islands Management Area specified for catcher vessels less than 60
South Carolina and is consistent with feet (18.3 m) LOA using hook-and-line
the FMP, the Magnuson-Stevens Act AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and or pot gear.
and other applicable laws. The harvest specifications for Pacific
Atmospheric Administration (NOAA),
This action is taken under 50 CFR Commerce. cod included in final 2017 and 2018
622.206(a) and is exempt from review harvest specifications for groundfish in
ACTION: Temporary rule; reallocation.
under Executive Order 12866. the BSAI (82 FR 11826, February 27,
These measures are exempt from the SUMMARY: NMFS is reallocating the 2017) and inseason adjustment (82 FR
procedures of the Regulatory Flexibility projected unused amount of Pacific cod 60329, December 20, 2017) are revised
Act because the temporary rule is issued from vessels using jig gear to catcher as follows: 129 mt to the A season
vessels less than 60 feet (18.3 meters) apportionment and 1,149 mt to the
without opportunity for prior notice and
length overall using hook-and-line or annual amount for vessels using jig gear,
comment.
pot gear in the Bering Sea and Aleutian and 5,027 mt to catcher vessels less than
This action responds to the best Islands management area. This action is 60 feet (18.3 m) LOA using hook-and-
scientific information available recently necessary to allow the A season line or pot gear.
obtained from the fishery. The Assistant apportionment of the 2018 total
Administrator for Fisheries, NOAA, Classification
allowable catch of Pacific cod to be
(AA), finds that the need to immediately harvested. This action responds to the best
implement this action to close the EEZ available information recently obtained
off South Carolina to trawling for DATES: Effective January 17, 2018, from the fishery. The Assistant
through 2400 hours, Alaska local time Administrator for Fisheries, NOAA
penaeid shrimp constitutes good cause
(A.l.t.), December 31, 2018. (AA), finds good cause to waive the
to waive the requirements to provide
prior notice and opportunity for public FOR FURTHER INFORMATION CONTACT: Josh requirement to provide prior notice and
comment pursuant to the authority set Keaton, 907–586–7228. opportunity for public comment
forth in 5 U.S.C. 553(b)(B), as such SUPPLEMENTARY INFORMATION: NMFS pursuant to the authority set forth at 5
procedures would be unnecessary manages the groundfish fishery in the U.S.C. 553(b)(B) as such requirement is
because the rule itself has been subject Bering Sea and Aleutian Islands (BSAI) impracticable and contrary to the public
to notice and comment, and all that according to the Fishery Management interest. This requirement is
Plan for Groundfish of the Bering Sea impracticable and contrary to the public
remains is to notify the public of the
and Aleutian Islands Management Area interest as it would prevent NMFS from
closure.
(FMP) prepared by the North Pacific responding to the most recent fisheries
Providing prior notice and Fishery Management Council under data in a timely fashion and would
opportunity for public comment also is authority of the Magnuson-Stevens delay the reallocation of Pacific cod
contrary to the public interest because Fishery Conservation and Management specified from jig vessels to catcher
of the need to immediately implement Act. Regulations governing fishing by vessels less than 60 feet (18.3 m) LOA
this action to protect the spawning stock U.S. vessels in accordance with the FMP using hook-and-line or pot gear. Since
of white shrimp off South Carolina. appear at subpart H of 50 CFR part 600 the fishery is currently open, it is
Prior notice and opportunity for public and 50 CFR part 679. important to immediately inform the
comment would require time and would The A season apportionment of the industry as to the revised allocations.
potentially further harm the spawning 2018 Pacific cod total allowable catch Immediate notification is necessary to
stock that has been impacted due to (TAC) specified for vessels using jig gear allow for the orderly conduct and
cold weather. in the BSAI is 1,529 metric tons (mt) as efficient operation of this fishery, to
established by the final 2017 and 2018 allow the industry to plan for the fishing
For the aforementioned reasons, the season, and to avoid potential
harvest specifications for groundfish in
AA also finds good cause to waive the disruption to the fishing fleet as well as
the BSAI (82 FR 11826, February 27,
30-day delay in effectiveness of this 2017) and inseason adjustment (82 FR processors. NMFS was unable to
action under 5 U.S.C. 553(d)(3). 60329, December 20, 2017). publish a notice providing time for
Authority: 16 U.S.C. 1801 et seq. The 2018 Pacific cod TAC allocated to public comment because the most
catcher vessels less than 60 feet (18.3 recent, relevant data only became
ethrower on DSK3G9T082PROD with RULES
Dated: January 17, 2018.
meters(m)) length overall (LOA) using available as of January 11, 2018.
Alan D. Risenhoover,
hook-and-line or pot gear in the BSAI is The AA also finds good cause to
Director, Office of Sustainable Fisheries, 3,627 mt as established by final 2017 waive the 30-day delay in the effective
National Marine Fisheries Service. and 2018 harvest specifications for date of this action under 5 U.S.C.
[FR Doc. 2018–01033 Filed 1–17–18; 4:15 pm] groundfish in the BSAI (82 FR 11826, 553(d)(3). This finding is based upon
BILLING CODE 3510–22–P February 27, 2017) and inseason the reasons provided above for waiver of
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![Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2933
prior notice and opportunity for public This action is required by § 679.20 Dated: January 17, 2018.
comment. and is exempt from review under Alan D. Risenhoover,
Executive Order 12866. Director, Office of Sustainable Fisheries,
Authority: 16 U.S.C. 1801 et seq. National Marine Fisheries Service.
[FR Doc. 2018–01041 Filed 1–17–18; 4:15 pm]
BILLING CODE 3510–22–P
ethrower on DSK3G9T082PROD with RULES
VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 E:\FR\FM\22JAR1.SGM 22JAR1](https://thefederalregister.org/doc/83_FR_2946/page/2.svg)
Document Created: 2018-01-23 21:35:53
Document Modified: 2018-01-23 21:35:53
| 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; reallocation. | |
| Dates | Effective January 17, 2018, through 2400 hours, Alaska local time (A.l.t.), December 31, 2018. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 83 FR 2932 | |
| RIN Number | 0648-XF94 |
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