83 FR 29463 - Fisheries of the Exclusive Economic Zone Off Alaska; Kamchatka Flounder in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 122 (June 25, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 122 (June 25, 2018)
| Page Range | 29463-29464 | |
| FR Document | 2018-13581 |
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)] [Rules and Regulations] [Pages 29463-29464] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13581] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779-8161-02] RIN 0648-XG305 Fisheries of the Exclusive Economic Zone Off Alaska; Kamchatka Flounder 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; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for Kamchatka flounder in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2018 Kamchatka flounder initial total allowable catch (ITAC) in the BSAI. DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 20, 2018, through 2400 hours, 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 Kamchatka flounder ITAC in the BSAI is 4,250 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)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2018 Kamchatka flounder ITAC in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 2,000 mt, and is setting aside the remaining 2,250 mt as incidental catch 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 [[Page 29464]] prohibiting directed fishing for Kamchatka flounder in the BSAI. 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 Kamchatka flounder to directed fishing in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 18, 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 20, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-13581 Filed 6-20-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29463
Response: NMFS is committed to sardine biomass has dropped below the DEPARTMENT OF COMMERCE
using the best scientific information CUTOFF. The purpose of the CUTOFF
available, and the SWFSC is continuing in the FMP, and for prohibiting a National Oceanic and Atmospheric
research to improve our understanding directed fishing when the biomass drops Administration
of the relationship between Pacific below this level, is to protect the stock
Sardine productivity and environmental when biomass is low and provide a 50 CFR Part 679
conditions. The new research referenced buffer of spawning stock that is [Docket No. 170817779–8161–02]
by Oceana is still under development, protected from fishing and can
has not been formally reviewed, and RIN 0648–XG305
contribute to rebuilding the stock. A
therefore is not yet a valid rationale to
delay in the effectiveness of this rule for Fisheries of the Exclusive Economic
cease using CalCOFI data to gauge the
a full 30 days would result in the re- Zone Off Alaska; Kamchatka Flounder
temperature-recruitment relationship.
At this time, the CalCOFI-based opening the directed commercial fishery in the Bering Sea and Aleutian Islands
temperature relationship is still the best on July 1. Management Area
scientific information available science Delaying the effective date of this rule AGENCY: National Marine Fisheries
to set the OFL. beyond July 1 would be contrary to the Service (NMFS), National Oceanic and
Comment 3: In addition to public interest because it would Atmospheric Administration (NOAA),
commenting on the proposed rule, jeopardize the sustainability of the Commerce.
Oceana’s comment requested Pacific sardine stock. Furthermore, most ACTION: Temporary rule; closure.
reconsideration of various aspects of affected fishermen are aware that the
sardine management that are not Council recommended that directed SUMMARY: NMFS is prohibiting directed
considered in this action, including commercial fishing be prohibited for the fishing for Kamchatka flounder in the
changing the start date of the fishery, 2018–2019 fishing year and are fully Bering Sea and Aleutian Islands
revision of the Minimum Stock Size management area (BSAI). This action is
prepared to comply with the
Threshold value, and various necessary to prevent exceeding the 2018
prohibition.
modifications to the OFL, ABC and HG Kamchatka flounder initial total
control rules. This final rule is exempt from the allowable catch (ITAC) in the BSAI.
Response: Changes to the procedures of E.O. 12866 because this DATES: Effective 1200 hours, Alaska
management framework of Pacific action contains no implementing local time (A.l.t.), June 20, 2018,
sardine and to the sardine harvest regulations. through 2400 hours, A.l.t., December 31,
control rules are set in the CPS FMP and The Chief Counsel for Regulation of 2018.
are beyond the scope of this rulemaking.
the Department of Commerce certified FOR FURTHER INFORMATION CONTACT:
NMFS will take these comments into
to the Chief Counsel for Advocacy of the Steve Whitney, 907–586–7228.
consideration during related future
management planning for the Pacific Small Business Administration during SUPPLEMENTARY INFORMATION: NMFS
sardine stock, and recommends Oceana the proposed rule stage that this action manages the groundfish fishery in the
continue to bring these concerns to the would not have a significant economic BSAI according to the Fishery
attention of the Council as that body impact on a substantial number of small Management Plan for Groundfish of the
deliberates about the management entities. The factual basis for the Bering Sea and Aleutian Islands
framework for sardine. certification was published in the Management Area (FMP) prepared by
proposed rule and is not repeated here. the North Pacific Fishery Management
Classification No comments were received regarding Council under authority of the
Pursuant to section 304(b)(1)(A) of the this certification. As a result, a Magnuson-Stevens Fishery
Magnuson-Stevens Act, the NMFS regulatory flexibility analysis was not Conservation and Management Act.
Assistant Administrator has determined required and none was prepared. Regulations governing fishing by U.S.
that this final rule is consistent with the vessels in accordance with the FMP
CPS FMP, other provisions of the Pursuant to Executive Order 13175,
appear at subpart H of 50 CFR part 600
Magnuson-Stevens Act, and other this final rule was developed after and 50 CFR part 679.
applicable law. There is good cause meaningful consultation and The 2018 Kamchatka flounder ITAC
under 5 U.S.C. 553(d)(3) to waive the collaboration with the tribal in the BSAI is 4,250 metric tons (mt) as
30-day delay in effectiveness of these representative on the Council who has established by the final 2018 and 2019
final harvest specifications for the 2018– agreed with the provisions that apply to harvest specifications for groundfish in
2019 Pacific sardine fishing season. In tribal vessels. the BSAI (83 FR 8365, February 27,
accordance with the FMP, this rule was This action does not contain a 2018). In accordance with
recommended by the Council at its collection-of-information requirement § 679.20(d)(1)(i), the Administrator,
meeting in April 2018 the contents of for purposes of the Paperwork Alaska Region, NMFS (Regional
which were based on the best available Reduction Act. Administrator), has determined that the
new information on the population 2018 Kamchatka flounder ITAC in the
status of Pacific sardine that became Authority: 16 U.S.C. 1801 et seq. BSAI will soon be reached. Therefore,
available at that time. Making these final Dated: June 20, 2018. the Regional Administrator is
specifications effective on July 1, the Samuel D. Rauch III, establishing a directed fishing
first day of the fishing season, is Deputy Assistant Administrator for
allowance of 2,000 mt, and is setting
necessary for the conservation and aside the remaining 2,250 mt as
amozie on DSK3GDR082PROD with RULES
Regulatory Programs, National Marine
management of the Pacific sardine Fisheries Service. incidental catch to support other
resource because last year’s restrictions [FR Doc. 2018–13583 Filed 6–22–18; 8:45 am]
anticipated groundfish fisheries. In
on harvest are not effective after June accordance with § 679.20(d)(1)(iii), the
BILLING CODE 3510–22–P
30. The FMP requires a prohibition on Regional Administrator finds that this
directed fishing for Pacific sardine for directed fishing allowance has been
the 2018–2019 fishing year because the reached. Consequently, NMFS is
VerDate Sep<11>2014 16:14 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1](https://thefederalregister.org/doc/83_FR_29585/page/1.svg)
![29464 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
prohibiting directed fishing for U.S.C. 553(b)(B) as such requirement is date of this action under 5 U.S.C.
Kamchatka flounder in the BSAI. impracticable and contrary to the public 553(d)(3). This finding is based upon
After the effective date of this closure interest. This requirement is the reasons provided above for waiver of
the maximum retainable amounts at impracticable and contrary to the public prior notice and opportunity for public
§ 679.20(e) and (f) apply at any time interest as it would prevent NMFS from comment.
during a trip. responding to the most recent fisheries This action is required by § 679.20
data in a timely fashion and would and is exempt from review under
Classification delay the closure of Kamchatka flounder Executive Order 12866.
This action responds to the best to directed fishing in the BSAI. NMFS Authority: 16 U.S.C. 1801 et seq.
available information recently obtained was unable to publish a notice
from the fishery. The Assistant providing time for public comment Dated: June 20, 2018.
Administrator for Fisheries, NOAA because the most recent, relevant data Alan D. Risenhoover,
(AA), finds good cause to waive the only became available as of June 18, Director, Office of Sustainable Fisheries,
requirement to provide prior notice and 2018. National Marine Fisheries Service.
opportunity for public comment The AA also finds good cause to [FR Doc. 2018–13581 Filed 6–20–18; 4:15 pm]
pursuant to the authority set forth at 5 waive the 30-day delay in the effective BILLING CODE 3510–22–P
amozie on DSK3GDR082PROD with RULES
VerDate Sep<11>2014 16:14 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 9990 E:\FR\FM\25JNR1.SGM 25JNR1](https://thefederalregister.org/doc/83_FR_29585/page/2.svg)
Document Created: 2018-06-23 02:28:59
Document Modified: 2018-06-23 02:28:59
| 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 (A.l.t.), June 20, 2018, through 2400 hours, A.l.t., December 31, 2018. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 83 FR 29463 | |
| RIN Number | 0648-XG30 |
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