83 FR 3626 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by 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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range		3626-3627
FR Document		2018-01384

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2018 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3626-3627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01384]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF949


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by 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

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 
catcher vessels less than 60 feet (18.3 meters (m)) length overall 
(LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to prevent 
exceeding the 2018 Pacific cod total allowable catch allocated to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), January 23, 
2018, through 2400 hours, A.l.t., December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 Pacific cod total allowable catch (TAC) allocated to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI is 5,027 metric tons (mt) as established by the 
final 2017 and 2018 harvest specifications for groundfish in the BSAI 
(82 FR 11826, February 27, 2017), inseason adjustment (82 FR 60329, 
December 20, 2017), and reallocation (83 FR 2932, January 22, 2018).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2018 Pacific cod TAC allocated as a directed fishing allowance to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI will soon be reached. Consequently, NMFS is 
prohibiting directed fishing for Pacific cod by catcher vessels less 
than 60 feet (18.3 m) LOA using hook-and-line or pot gear 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 directed fishing for Pacific cod by catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
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 January 19, 2017.

[[Page 3627]]

    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: January 22, 2018.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-01384 Filed 1-23-18; 4:15 pm]
 BILLING CODE 3510-22-P

3626 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations

marine-mammal-protection/noaa-form- Administrator, unless the Assistant FOR FURTHER INFORMATION CONTACT: Josh
370-fisheries-certificate-origin. Administrator determines an observer Keaton, 907–586–7228.
* * * * * statement is unnecessary. SUPPLEMENTARY INFORMATION: NMFS
Determinations under this paragraph manages the groundfish fishery in the
Subpart H—Dolphin Safe Tuna (a)(3)(v) will also be publicized on the BSAI exclusive economic zone
Labeling website of the NMFS Tuna Tracking and according to the Fishery Management
Verification Program (https:// Plan for Groundfish of the Bering Sea
■ 3. The authority citation for 50 CFR www.fisheries.noaa.gov/dolphin-safe). and Aleutian Islands Management Area
part 216, subpart H, continues to read as The written statement shall certify that: (FMP) prepared by the North Pacific
follows: Fishery Management Council under
* * * * *
Authority: 16 U.S.C. 1385. ■ 5. In § 216.95, revise paragraph (b) to
authority of the Magnuson-Stevens
read as follows: Fishery Conservation and Management
■ 4. In § 216.91, revise paragraph
Act. Regulations governing fishing by
(a)(3)(iii)(B), introductory text of § 216.95 Official mark for ‘‘Dolphin-safe’’ U.S. vessels in accordance with the FMP
paragraph (a)(3)(iv), and introductory tuna products. appear at subpart H of 50 CFR part 600
text of paragraph (a)(3)(v) to read as and 50 CFR part 679.
* * * * *
follows: The 2018 Pacific cod total allowable
(b) Location and size of the official
§ 216.91 Dolphin-safe labeling standards. mark. The official mark on labels must catch (TAC) allocated to catcher vessels
(a) * * * allow the consumer to identify the less than 60 feet (18.3 m) LOA using
(3) * * * official mark and be similar in design hook-and-line or pot gear in the BSAI is
(iii) * * * and scale to figure 1. A full color 5,027 metric tons (mt) as established by
(B) The Captain of the vessel has version of the official mark is available the final 2017 and 2018 harvest
completed the NMFS Tuna Tracking at https://www.fisheries.noaa.gov/ specifications for groundfish in the
and Verification Program dolphin-safe national/marine-mammal-protection/ BSAI (82 FR 11826, February 27, 2017),
captain’s training course. The NMFS dolphin-safe-official-mark. inseason adjustment (82 FR 60329,
Tuna Tracking and Verification Program December 20, 2017), and reallocation
[FR Doc. 2018–01375 Filed 1–25–18; 8:45 am]
dolphin-safe captain’s training course is (83 FR 2932, January 22, 2018).
BILLING CODE 3510–22–P
available on the website of the NMFS In accordance with § 679.20(d)(1)(iii),
Tuna Tracking and Verification Program the Administrator, Alaska Region,
at https://www.fisheries.noaa.gov/ NMFS (Regional Administrator), has
DEPARTMENT OF COMMERCE
dolphin-safe. determined that the 2018 Pacific cod
(iv) For tuna caught in a fishery where National Oceanic and Atmospheric TAC allocated as a directed fishing
the Assistant Administrator has Administration allowance to catcher vessels less than 60
determined that observers participating feet (18.3 m) LOA using hook-and-line
in a national or international observer 50 CFR Part 679 or pot gear in the BSAI will soon be
program are qualified and authorized to reached. Consequently, NMFS is
issue observer statements for purposes [Docket No. 161020985–7181–02] prohibiting directed fishing for Pacific
of the dolphin-safe labeling program, cod by catcher vessels less than 60 feet
and where such an observer is on board RIN 0648–XF949 (18.3 m) LOA using hook-and-line or
pot gear in the BSAI.
the vessel, a written statement executed Fisheries of the Exclusive Economic After the effective date of this closure
by the observer, or by an authorized Zone Off Alaska; Pacific Cod by the maximum retainable amounts at
representative of a nation participating Catcher Vessels Less Than 60 Feet § 679.20(e) and (f) apply at any time
in the observer program based on (18.3 Meters) Length Overall Using during a trip.
information from the observer. Any Hook-and-Line or Pot Gear in the
determination by the Assistant Classification
Bering Sea and Aleutian Islands
Administrator shall be announced in a Management Area This action responds to the best
notice published in the Federal available information recently obtained
Register. Determinations under this AGENCY: National Marine Fisheries from the fishery. The Assistant
paragraph (a)(3)(iv) will also be Service (NMFS), National Oceanic and Administrator for Fisheries, NOAA
publicized on the website of the NMFS Atmospheric Administration (NOAA), (AA), finds good cause to waive the
Tuna Tracking and Verification Program Commerce. requirement to provide prior notice and
(https://www.fisheries.noaa.gov/ ACTION: Temporary rule; closure. opportunity for public comment
dolphin-safe). The written statement pursuant to the authority set forth at 5
shall certify: SUMMARY: NMFS is prohibiting directed U.S.C. 553(b)(B) as such requirement is
* * * * * fishing for Pacific cod by catcher vessels impracticable and contrary to the public
(v) For tuna caught in a fishery in less than 60 feet (18.3 meters (m)) length interest. This requirement is
which the Assistant Administrator has overall (LOA) using hook-and-line or impracticable and contrary to the public
determined that either a regular and pot gear in the Bering Sea and Aleutian interest as it would prevent NMFS from
significant association between Islands management area (BSAI). This responding to the most recent fisheries
dolphins and tuna (similar to the action is necessary to prevent exceeding data in a timely fashion and would
association between dolphins and tuna the 2018 Pacific cod total allowable delay the closure of directed fishing for
in the ETP) or a regular and significant catch allocated to catcher vessels less Pacific cod by catcher vessels less than
daltland on DSKBBV9HB2PROD with RULES

mortality or serious injury of dolphins than 60 feet (18.3 m) LOA using hook- 60 feet (18.3 m) LOA using hook-and-
is occurring, a written statement, and-line or pot gear in the BSAI. line or pot gear in the BSAI. NMFS was
executed by the Captain of the vessel DATES: Effective 1200 hours, Alaska unable to publish a notice providing
and an observer participating in a local time (A.l.t.), January 23, 2018, time for public comment because the
national or international program through 2400 hours, A.l.t., December 31, most recent, relevant data only became
acceptable to the Assistant 2018. available as of January 19, 2017.

VerDate Sep<11>2014 17:29 Jan 25, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\26JAR1.SGM 26JAR1

$Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations 3627 The AA also finds good cause to prior notice and opportunity for public Dated: January 22, 2018. waive the 30-day delay in the effective comment. Samuel D. Rauch, III date of this action under 5 U.S.C. This action is required by § 679.20 Deputy Assistant Administrator for 553(d)(3). This finding is based upon and is exempt from review under Regulatory Programs, National Marine the reasons provided above for waiver of Executive Order 12866. Fisheries Service. Authority: 16 U.S.C. 1801 et seq. [FR Doc. 2018–01384 Filed 1–23–18; 4:15 pm] BILLING CODE 3510–22–P daltland on DSKBBV9HB2PROD with RULES VerDate Sep<11>2014 17:29 Jan 25, 2018 Jkt 244001 PO 00000 Frm 00065 Fmt 4700 Sfmt 9990 E:\FR\FM\26JAR1.SGM 26JAR1$

Document Created: 2018-10-26 10:06:42
Document Modified: 2018-10-26 10:06:42

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.), January 23, 2018, through 2400 hours, A.l.t., December 31, 2018.
Contact		Josh Keaton, 907-586-7228.
FR Citation		83 FR 3626
RIN Number		0648-XF94

83 FR 3626 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by 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

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 18 (January 26, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration