83 FR 34951 - Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2018 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 142 (July 24, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 142 (July 24, 2018)
| Page Range | 34951-34952 | |
| FR Document | 2018-15814 |
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)] [Rules and Regulations] [Pages 34951-34952] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15814] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769-8162-02] RIN 0648-XG309 Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2018 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reapportionment. ----------------------------------------------------------------------- SUMMARY: NMFS is reapportioning the seasonal apportionments of the 2018 [[Page 34952]] Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2018 through June 30, 2018. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 19, 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 Gulf of Alaska (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 final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018) apportions the 2018 Pacific halibut PSC limit for trawl gear in the GOA to two trawl fishery categories: A deep-water species fishery and a shallow-water species fishery. The halibut PSC limit for these two trawl fishery categories is further apportioned by season, including four seasonal apportionments to the shallow-water species fishery and three seasonal apportionments to the deep-water species fishery. The two fishery categories also are apportioned a combined, fifth seasonal halibut PSC limit. Unused seasonal apportionments are added to the next season apportionment during a fishing year. 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. Furthermore, NMFS is required to reapportion the halibut PSC limit between the deep-water and shallow-water species fisheries after June 30 to account for actual halibut PSC use by each fishery category during May 15 through June 30. As of July 18, 2018, NMFS has determined that the trawl deep-water and shallow-water fisheries used 133 metric tons (mt) and 4 mt of halibut PSC, respectively, from May 15 through June 30. Accordingly, pursuant to Sec. 679.21(d)(4)(iii)(D), the Regional Administrator is reapportioning the combined first and second seasonal apportionments (810 mt) of halibut PSC limit between the trawl deep-water and shallow- water fishery categories to account for the actual PSC use (533 mt) in each fishery from January 1, 2018 through June 30, 2018. Therefore, Table 15 of the final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018) is revised consistent with this adjustment. Table 15--Final 2018 and 2019 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep- Water Species Fishery and the Shallow-Water Species Fishery Categories [Values are in metric tons] ---------------------------------------------------------------------------------------------------------------- Season Shallow-water Deep-water \1\ Total ---------------------------------------------------------------------------------------------------------------- January 20-April 1............................................. 15 81 96 April 1-July 1................................................. 9 428 437 ------------------------------------------------ Subtotal, combined first and second season limit (January 24 509 533 20-July 1)................................................ July 1-September 1............................................. 179 610 789 September 1-October 1.......................................... 128 Any remainder 128 ------------------------------------------------ Subtotal January 20-October 1.............................. 331 1,119 1,450 October 1-December 31 \2\...................................... .............. ............... 256 ------------------------------------------------ Total...................................................... .............. ............... 1,706 ---------------------------------------------------------------------------------------------------------------- \1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season (July 1 through September 1) deep-water species fishery halibut PSC apportionment. \2\ There is no apportionment between trawl shallow-water and deep-water species fishery categories during the fifth season (October 1 through December 31). 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 allow for harvests that exceed the originally specified apportionment of the halibut PSC limits to the deep-water and shallow- water fishery categories. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 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: July 19, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-15814 Filed 7-19-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 34951
(3) Rule 230, ‘‘Action on Atlantic is 144,315 lb (65,460 kg), gutted issued without opportunity for prior
Applications,’’ amended on May 3, weight, 170,291 lb (77,243 kg), round notice and comment.
2017. weight, for the current fishing year, This action responds to the best
* * * * * January 1 through December 31, 2018, scientific information available. The
[FR Doc. 2018–15727 Filed 7–23–18; 8:45 am] as specified in 50 CFR 622.190(a)(1)(iv). Assistant Administrator for NOAA
BILLING CODE 6560–50–P
Under 50 CFR 622.193(b)(1), NMFS is Fisheries (AA), finds that the need to
required to close the commercial sector immediately implement this action to
for snowy grouper when the commercial close the commercial sector for snowy
quota is reached or projected to be grouper constitutes good cause to waive
DEPARTMENT OF COMMERCE reached, by filing a notification to that the requirements to provide prior notice
National Oceanic and Atmospheric effect with the Office of the Federal and opportunity for public comment
Administration Register. NMFS projects that pursuant to the authority set forth in 5
commercial landings of South Atlantic U.S.C. 553(b)(B), as such procedures
50 CFR Part 622 snowy grouper, as estimated by the would be unnecessary and contrary to
Science and Research Director, will the public interest. Such procedures are
[Docket No. 0907271173–0629–03] reach the commercial quota by July 24, unnecessary because the implementing
2018. Accordingly, the commercial final rule for these AMs has already
RIN 0648–XG357
sector for South Atlantic snowy grouper been subject to notice and comment,
Fisheries of the Caribbean, Gulf of is closed effective 12:01 a.m., local time, and all that remains is to notify the
Mexico, and South Atlantic; 2018 July 24, 2018, until 12:01 a.m., local public of the closure. Such procedures
Commercial Accountability Measure time, January 1, 2019. are contrary to the public interest
and Closure for South Atlantic Snowy The operator of a vessel with a valid because of the need to immediately
Grouper commercial vessel permit for South implement this action to protect snowy
Atlantic snapper-grouper having snowy grouper since the capacity of the fishing
AGENCY: National Marine Fisheries grouper on board must have landed and fleet allows for rapid harvest of the
Service (NMFS), National Oceanic and bartered, traded, or sold such snowy commercial quota. Prior notice and
Atmospheric Administration (NOAA), grouper prior to 12:01 a.m., local time, opportunity for public comment would
Commerce. July 24, 2018. During the commercial require time and would potentially
ACTION: Temporary rule; closure. closure, harvest and possession of result in a harvest well in excess of the
snowy grouper in or from the South established commercial quota.
SUMMARY: NMFS implements Atlantic EEZ is limited to the bag and For the aforementioned reasons, the
accountability measures (AMs) for possession limits, as specified in AA also finds good cause to waive the
commercial snowy grouper in the § 622.187(b)(2)(ii) and (c)(1). Also 30-day delay in the effectiveness of this
exclusive economic zone (EEZ) of the during the commercial closure, the sale action under 5 U.S.C. 553(d)(3).
South Atlantic. NMFS projects or purchase of snowy grouper taken
Authority: 16 U.S.C. 1801 et seq.
commercial landings for snowy grouper from the EEZ is prohibited. The
will reach the commercial annual catch prohibition on sale or purchase does not Dated: July 18, 2018.
limit (ACL) by July 24, 2018. Therefore, apply to the sale or purchase of snowy Jennifer M. Wallace,
NMFS closes the commercial sector for grouper that were harvested, landed Acting Director, Office of Sustainable
snowy grouper in the South Atlantic ashore, and sold prior to 12:01 a.m., Fisheries, National Marine Fisheries Service.
EEZ on July 24, 2018, and it will remain local time, July 24, 2018, and were held [FR Doc. 2018–15791 Filed 7–19–18; 4:15 pm]
closed until the start of the next in cold storage by a dealer or processor. BILLING CODE 3510–22–P
commercial fishing season on January 1, For a person on board a vessel for
2019. This closure is necessary to which a Federal commercial or charter
protect the snowy grouper resource. vessel/headboat permit for the South DEPARTMENT OF COMMERCE
DATES: This rule is effective 12:01 a.m., Atlantic snapper-grouper fishery has
been issued, the bag and possession National Oceanic and Atmospheric
local time, July 24, 2018, until 12:01
limits and the sale and purchase Administration
a.m., local time, January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
provisions of the commercial closure for
snowy grouper would apply regardless 50 CFR Part 679
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email: of whether the fish are harvested in state [Docket No. 170816769–8162–02]
mary.vara@noaa.gov. or Federal waters, as specified in 50
RIN 0648–XG309
CFR 622.190(c)(1)(ii).
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South Classification Fisheries of the Exclusive Economic
Atlantic includes snowy grouper and is The Regional Administrator, Zone Off Alaska; Reapportionment of
managed under the Fishery Southeast Region, NMFS, has the 2018 Gulf of Alaska Pacific Halibut
Management Plan for the Snapper- determined this temporary rule is Prohibited Species Catch Limits for the
Grouper Fishery of the South Atlantic necessary for the conservation and Trawl Deep-Water and Shallow-Water
Region (FMP). The FMP was prepared management of snowy grouper and the Fishery Categories
by the South Atlantic Fishery South Atlantic snapper-grouper fishery AGENCY: National Marine Fisheries
Management Council and is and is consistent with the Magnuson- Service (NMFS), National Oceanic and
jstallworth on DSKBBY8HB2PROD with RULES
implemented by NMFS under the Stevens Act and other applicable laws. Atmospheric Administration (NOAA),
authority of the Magnuson-Stevens This action is taken under 50 CFR Commerce.
Fishery Conservation and Management 622.193(b)(1) and is exempt from review ACTION: Temporary rule;
Act (Magnuson-Stevens Act) by under Executive Order 12866. reapportionment.
regulations at 50 CFR part 622. These measures are exempt from the
The commercial ACL (commercial procedures of the Regulatory Flexibility SUMMARY: NMFS is reapportioning the
quota) for snowy grouper in the South Act, because the temporary rule is seasonal apportionments of the 2018
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![34952 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations
Pacific halibut prohibited species catch Regulations governing fishing by U.S. species fishery categories for use in
(PSC) limits for the trawl deep-water vessels in accordance with the FMP either fishery from May 15 through June
and shallow-water species fishery appear at subpart H of 50 CFR part 600 30 of each year. Furthermore, NMFS is
categories in the Gulf of Alaska. This and 50 CFR part 679. required to reapportion the halibut PSC
action is necessary to account for the The final 2018 and 2019 harvest limit between the deep-water and
actual halibut PSC use by the trawl specifications for groundfish in the GOA shallow-water species fisheries after
deep-water and shallow-water species (83 FR 8768, March 1, 2018) apportions June 30 to account for actual halibut
fishery categories from May 15, 2018 the 2018 Pacific halibut PSC limit for PSC use by each fishery category during
through June 30, 2018. This action is trawl gear in the GOA to two trawl May 15 through June 30. As of July 18,
consistent with the goals and objectives fishery categories: A deep-water species 2018, NMFS has determined that the
of the Fishery Management Plan for fishery and a shallow-water species trawl deep-water and shallow-water
Groundfish of the Gulf of Alaska. fishery. The halibut PSC limit for these fisheries used 133 metric tons (mt) and
DATES: Effective 1200 hours, Alaska two trawl fishery categories is further 4 mt of halibut PSC, respectively, from
local time (A.l.t.), July 19, 2018 through apportioned by season, including four May 15 through June 30. Accordingly,
2400 hours, A.l.t., December 31, 2018. seasonal apportionments to the shallow- pursuant to § 679.21(d)(4)(iii)(D), the
water species fishery and three seasonal Regional Administrator is
FOR FURTHER INFORMATION CONTACT: apportionments to the deep-water reapportioning the combined first and
Obren Davis, 907–586–7228. species fishery. The two fishery second seasonal apportionments (810
SUPPLEMENTARY INFORMATION: NMFS categories also are apportioned a mt) of halibut PSC limit between the
manages the groundfish fishery in the combined, fifth seasonal halibut PSC trawl deep-water and shallow-water
Gulf of Alaska (GOA) exclusive limit. Unused seasonal apportionments fishery categories to account for the
economic zone according to the Fishery are added to the next season actual PSC use (533 mt) in each fishery
Management Plan for Groundfish of the apportionment during a fishing year. from January 1, 2018 through June 30,
Gulf of Alaska (FMP) prepared by the Regulations at § 679.21(d)(4)(iii)(D) 2018. Therefore, Table 15 of the final
North Pacific Fishery Management require NMFS to combine management 2018 and 2019 harvest specifications for
Council under authority of the of the available trawl halibut PSC limits groundfish in the GOA (83 FR 8768,
Magnuson-Stevens Fishery in the second season (April 1 through March 1, 2018) is revised consistent
Conservation and Management Act. July 1) deep-water and shallow-water with this adjustment.
TABLE 15—FINAL 2018 AND 2019 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL GEAR
DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES
[Values are in metric tons]
Season Shallow-water Deep-water 1 Total
January 20–April 1 ..................................................................................................................... 15 81 96
April 1–July 1 ............................................................................................................................. 9 428 437
Subtotal, combined first and second season limit (January 20–July 1) ............................ 24 509 533
July 1–September 1 ................................................................................................................... 179 610 789
September 1–October 1 ............................................................................................................ 128 Any remainder 128
Subtotal January 20–October 1 ......................................................................................... 331 1,119 1,450
October 1–December 31 2 ......................................................................................................... ........................ .......................... 256
Total .................................................................................................................................... ........................ .......................... 1,706
1 Vesselsparticipating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season (July 1 through September
1) deep-water species fishery halibut PSC apportionment.
2 There is no apportionment between trawl shallow-water and deep-water species fishery categories during the fifth season (October 1 through
December 31).
Classification responding to the most recent fisheries the reasons provided above for waiver of
This action responds to the best data in a timely fashion and would prior notice and opportunity for public
available information recently obtained allow for harvests that exceed the comment.
from the fishery. The Assistant originally specified apportionment of This action is required by § 679.20
Administrator for Fisheries, NOAA the halibut PSC limits to the deep-water and is exempt from review under
(AA), finds good cause to waive the and shallow-water fishery categories. Executive Order 12866.
requirement to provide prior notice and NMFS was unable to publish a notice
Authority: 16 U.S.C. 1801 et seq.
opportunity for public comment providing time for public comment
because the most recent, relevant data Dated: July 19, 2018.
pursuant to the authority set forth at 5
only became available as of July 18, Jennifer M. Wallace,
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public 2018. Acting Director, Office of Sustainable
jstallworth on DSKBBY8HB2PROD with RULES
The AA also finds good cause to Fisheries, National Marine Fisheries Service.
interest. This requirement is
impracticable and contrary to the public waive the 30-day delay in the effective [FR Doc. 2018–15814 Filed 7–19–18; 4:15 pm]
interest as it would prevent NMFS from date of this action under 5 U.S.C. BILLING CODE 3510–22–P
553(d)(3). This finding is based upon
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Document Created: 2018-07-24 00:10:21
Document Modified: 2018-07-24 00:10:21
| 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; reapportionment. | |
| Dates | Effective 1200 hours, Alaska local time (A.l.t.), July 19, 2018 through 2400 hours, A.l.t., December 31, 2018. | |
| Contact | Obren Davis, 907-586-7228. | |
| FR Citation | 83 FR 34951 | |
| RIN Number | 0648-XG30 |
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