83 FR 37448 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 148 (August 1, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37448-37449 | |
| FR Document | 2018-16438 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Rules and Regulations] [Pages 37448-37449] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16438] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779-8161-02] RIN 0648-XG114 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch 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 Pacific ocean perch in the Western Aleutian district (WAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2018 total allowable catch (TAC) of Pacific ocean perch in the WAI allocated to vessels participating in the BSAI trawl limited access fishery. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 27, 2018, through 2400 hrs, 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 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 TAC of Pacific ocean perch, in the WAI, allocated to vessels participating in the BSAI trawl limited access fishery was established as a directed fishing allowance of 161 metric tons 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)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the WAI by vessels participating in the BSAI trawl limited access fishery. 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 a 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 the Pacific ocean perch directed fishery in the WAI for vessels participating in the BSAI trawl [[Page 37449]] limited access fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 26, 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 27, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-16438 Filed 7-27-18; 4:15 pm] BILLING CODE 3510-22-P
![37448 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
TABLE 1—2017 AND 2018 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS—Continued
2017 2018
Adjusted quota .................................................................................................. 75.1 ......................................................... 75.1
+ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for
the South Atlantic.
* Under Recommendation 17–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Côte
d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
Classification This action is being taken under DATES: Effective 1200 hrs, Alaska local
The Assistant Administrator for § 635.27(c) and is exempt from review time (A.l.t.), July 27, 2018, through 2400
NMFS (AA) has determined that this under Executive Order 12866. hrs, A.l.t., December 31, 2018.
temporary final rule is consistent with This action does not contain a FOR FURTHER INFORMATION CONTACT:
the Magnuson-Stevens Act, the 2006 collection-of-information requirement Steve Whitney, 907–586–7228.
Consolidated Atlantic HMS FMP and its for purposes of the Paperwork SUPPLEMENTARY INFORMATION: NMFS
amendments, other provisions of the Reduction Act. manages the groundfish fishery in the
Magnuson-Stevens Act, ATCA, and Because prior notice and opportunity BSAI exclusive economic zone
other applicable law. Pursuant to for public comment are not required for according to the Fishery Management
section 553(b)(B) of the Administrative this rule by 5 U.S.C. 553, or any other Plan for Groundfish of the Bering Sea
Procedure Act (5 U.S.C. 553(b)(B)), the law, the analytical requirements of the and Aleutian Islands Management Area
AA finds that it would be unnecessary Regulatory Flexibility Act, 5 U.S.C. 601 (FMP) prepared by the North Pacific
and contrary to the public interest to et seq., are inapplicable. Fishery Management Council under
provide prior notice of, and an Authority: 16 U.S.C. 971 et seq. and 1801 authority of the Magnuson-Stevens
opportunity for public comment on, this et seq. Fishery Conservation and Management
action for the reasons described below. Dated: July 26, 2018. Act. Regulations governing fishing by
In the 2016 North and South Atlantic U.S. vessels in accordance with the FMP
Samuel D. Rauch, III,
Swordfish Quota Adjustment Rule (81 appear at subpart H of 50 CFR part 600
FR 48719, July 26, 2016), NMFS Deputy Assistant Administrator for
Regulatory Programs, National Marine and 50 CFR part 679.
announced the intent to no longer issue Fisheries Service. The 2018 TAC of Pacific ocean perch,
proposed and final specifications/rules in the WAI, allocated to vessels
[FR Doc. 2018–16388 Filed 7–31–18; 8:45 am]
for North and South Atlantic swordfish participating in the BSAI trawl limited
BILLING CODE 3510–22–P
quota adjustments in cases where the access fishery was established as a
quota adjustment simply follows directed fishing allowance of 161 metric
previously codified and analyzed tons by the final 2018 and 2019 harvest
DEPARTMENT OF COMMERCE
formulas. Public comments on this specifications for groundfish in the
process change were generally National Oceanic and Atmospheric BSAI (83 FR 8365, February 27, 2018).
supportive; as a result, in 2017, NMFS Administration In accordance with § 679.20(d)(1)(iii),
issued a temporary final rule to adjust the Regional Administrator finds that
the swordfish quota. 50 CFR Part 679 this directed fishing allowance has been
This action to adjust the 2018 North reached. Consequently, NMFS is
and South Atlantic Swordfish quotas prohibiting directed fishing for Pacific
[Docket No. 170817779–8161–02]
applies the formula that the public ocean perch in the WAI by vessels
received notice of in the 2016 North and participating in the BSAI trawl limited
South Atlantic Swordfish Quota RIN 0648–XG114
access fishery. While this closure is
Adjustment Rule, using the best effective, the maximum retainable
Fisheries of the Exclusive Economic
available data regarding 2017 catch and amounts at § 679.20(e) and (f) apply at
Zone Off Alaska; Pacific Ocean Perch
underharvest, and calculating allowable any time during a trip.
in the Bering Sea and Aleutian Islands
underharvest consistent with ICCAT
Management Area Classification
recommendations. The rulemaking for
the 2016 North and South Atlantic AGENCY: National Marine Fisheries This action responds to the best
Swordfish Quota Adjustment Rule Service (NMFS), National Oceanic and available information recently obtained
specifically provided prior notice of, Atmospheric Administration (NOAA), from the fishery. The Assistant
and accepted public comment on, these Commerce. Administrator for Fisheries, NOAA,
formulaic quota adjustment processes ACTION: Temporary rule; closure. (AA) finds good cause to waive the
and the manner in which they occur. requirement to provide prior notice and
The application of this formula in this SUMMARY: NMFS is prohibiting directed opportunity for public comment
action does not have discretionary fishing for Pacific ocean perch in the pursuant to the authority set forth at 5
aspects requiring additional agency Western Aleutian district (WAI) of the U.S.C. 553(b)(B) as such a requirement
consideration and thus it would be Bering Sea and Aleutian Islands is impracticable and contrary to the
unnecessarily duplicative to accept management area (BSAI) by vessels public interest. This requirement is
sradovich on DSK3GMQ082PROD with RULES
public comment for this action. Because participating in the BSAI trawl limited impracticable and contrary to the public
there are no new quotas for 2018 and access fishery. This action is necessary interest as it would prevent NMFS from
the quota formula is the same as in to prevent exceeding the 2018 total responding to the most recent fisheries
previous years, NMFS is issuing this allowable catch (TAC) of Pacific ocean data in a timely fashion and would
temporary final rule to adjust the North perch in the WAI allocated to vessels delay the closure of the Pacific ocean
and South Atlantic swordfish quotas for participating in the BSAI trawl limited perch directed fishery in the WAI for
2018. access fishery. vessels participating in the BSAI trawl
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![Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 37449
limited access fishery. NMFS was 553(d)(3). This finding is based upon Authority: 16 U.S.C. 1801 et seq.
unable to publish a notice providing the reasons provided above for waiver of Dated: July 27, 2018.
time for public comment because the prior notice and opportunity for public Jennifer M. Wallace,
most recent, relevant data only became comment.
available as of July 26, 2018. Acting Director, Office of Sustainable
This action is required by § 679.20 Fisheries, National Marine Fisheries Service.
The AA also finds good cause to
waive the 30-day delay in the effective and is exempt from review under [FR Doc. 2018–16438 Filed 7–27–18; 4:15 pm]
date of this action under 5 U.S.C. Executive Order 12866. BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
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Document Created: 2018-08-01 01:22:58
Document Modified: 2018-08-01 01:22:58
| 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 hrs, Alaska local time (A.l.t.), July 27, 2018, through 2400 hrs, A.l.t., December 31, 2018. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 83 FR 37448 | |
| RIN Number | 0648-XG11 |
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