83_FR_41179 83 FR 41019 - Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the West Yakutat District of the Gulf of Alaska

83 FR 41019 - Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the West Yakutat District of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 160 (August 17, 2018)

Page Range41019-41020
FR Document2018-17798

NMFS is prohibiting retention of sablefish by vessels using trawl gear in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary because the 2018 total allowable catch of sablefish allocated to vessels using trawl gear in the West Yakutat District of the GOA will be reached.

Federal Register, Volume 83 Issue 160 (Friday, August 17, 2018)
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Rules and Regulations]
[Pages 41019-41020]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17798]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG402


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in 
the West Yakutat District of the Gulf of Alaska

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 retention of sablefish by vessels using 
trawl gear in the West Yakutat District of the Gulf of Alaska (GOA). 
This action is necessary because the 2018 total allowable catch of 
sablefish allocated to vessels using trawl gear in the West Yakutat 
District of the GOA will be reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 14, 
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 
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 2018 total allowable catch (TAC) of sablefish allocated to 
vessels using trawl gear in the West Yakutat District of the GOA is 240 
metric tons (mt) as established by the final 2018 and 2019 harvest 
specifications for groundfish of the GOA (83 FR 8768, March 1, 2018).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2018 TAC 
of sablefish allocated to vessels using trawl gear in the West Yakutat 
District of the GOA will be reached. Therefore, NMFS is requiring that 
sablefish caught by vessels using trawl gear in the West Yakutat 
District of the GOA be treated as prohibited species in accordance with 
Sec.  679.21(b).

[[Page 41020]]

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 prohibiting the retention of sablefish by vessels using 
trawl gear in the West Yakutat District of the GOA. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of August 13, 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. Sec.  679.20 and 679.21 and is 
exempt from review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: August 14, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-17798 Filed 8-14-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations                                        41019

                                             necessary to protect the lesser                         whether such species were harvested in                DEPARTMENT OF COMMERCE
                                             amberjack, almaco jack, and banded                      state or Federal waters. During the
                                             rudderfish resources.                                   commercial closure, the sale or                       National Oceanic and Atmospheric
                                             DATES: This temporary rule is effective                 purchase of lesser amberjack, almaco                  Administration
                                             at 12:01 a.m., local time, on August 22,                jack, or banded rudderfish taken from
                                             2018, until 12:01 a.m., local time, on                  the South Atlantic EEZ is prohibited.                 50 CFR Part 679
                                             January 1, 2019.
                                                                                                     Classification                                        [Docket No. 170816769–8162–02]
                                             FOR FURTHER INFORMATION CONTACT:
                                             Mary Vara, NMFS Southeast Regional                         The Regional Administrator for the
                                             Office, telephone: 727–824–5305, email:                 NMFS Southeast Region has determined                  RIN 0648–XG402
                                             mary.vara@noaa.gov.                                     this temporary rule is necessary for the
                                                                                                                                                           Fisheries of the Exclusive Economic
                                             SUPPLEMENTARY INFORMATION: The                          conservation and management of the
                                                                                                                                                           Zone Off Alaska; Sablefish in the West
                                             snapper-grouper fishery of the South                    fish in the Other Jacks Complex, a
                                                                                                                                                           Yakutat District of the Gulf of Alaska
                                             Atlantic includes lesser amberjack,                     component of the South Atlantic
                                             almaco jack, and banded rudderfish,                     snapper-grouper fishery, and is                       AGENCY:  National Marine Fisheries
                                             which combined are the Other Jacks                      consistent with the Magnuson-Stevens                  Service (NMFS), National Oceanic and
                                             Complex. The Other Jacks Complex is                     Act and other applicable laws.                        Atmospheric Administration (NOAA),
                                             managed under the Fishery                                  This action is taken under 50 CFR                  Commerce.
                                             Management Plan for the Snapper-                        622.193(l)(1)(i) and is exempt from                   ACTION: Temporary rule; closure.
                                             Grouper Fishery of the South Atlantic                   review under Executive Order 12866.
                                             Region (FMP). The FMP was prepared                                                                            SUMMARY:   NMFS is prohibiting retention
                                             by the South Atlantic Fishery                              These measures are exempt from the                 of sablefish by vessels using trawl gear
                                             Management Council and is                               procedures of the Regulatory Flexibility              in the West Yakutat District of the Gulf
                                             implemented by NMFS under the                           Act because the temporary rule is issued              of Alaska (GOA). This action is
                                             authority of the Magnuson-Stevens                       without opportunity for prior notice and              necessary because the 2018 total
                                             Fishery Conservation and Management                     public comment.                                       allowable catch of sablefish allocated to
                                             Act (Magnuson-Stevens Act) by                              This action responds to the best                   vessels using trawl gear in the West
                                             regulations at 50 CFR part 622.                         scientific information available. The                 Yakutat District of the GOA will be
                                                The combined commercial ACL for                      Assistant Administrator for NOAA                      reached.
                                             the Other Jacks Complex is 189,422 lb                   Fisheries (AA) finds that the need to                 DATES:  Effective 1200 hours, Alaska
                                             (85,920 kg), round weight. Under 50                     immediately implement this action to                  local time (A.l.t.), August 14, 2018,
                                             CFR 622.193(l)(1)(i), NMFS is required                  close the commercial sector for the                   through 2400 hours, A.l.t., December 31,
                                             to close the commercial sector for the                  Other Jacks Complex constitutes good                  2018.
                                             Other Jacks Complex when the                            cause to waive the requirements to
                                             commercial ACL has been reached, or is                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                     provide prior notice and opportunity for
                                             projected to be reached, by filing a                                                                          Steve Whitney, 907–586–7228.
                                                                                                     public comment pursuant to the
                                             notification to that effect with the Office             authority set forth in 5 U.S.C. 553(b)(B),            SUPPLEMENTARY INFORMATION: NMFS
                                             of the Federal Register. NMFS has                       as such procedures are unnecessary and                manages the groundfish fishery in the
                                             determined that the commercial sector                   contrary to the public interest. Such                 GOA exclusive economic zone
                                             for this complex is projected to reach its              procedures are unnecessary because the                according to the Fishery Management
                                             ACL by August 22, 2018. Therefore, this                 rule implementing the AM itself has                   Plan for Groundfish of the Gulf of
                                             temporary rule implements an AM to                      been subject to notice and comment,                   Alaska (FMP) prepared by the North
                                             close the commercial sector for the                     and all that remains is to notify the                 Pacific Fishery Management Council
                                             Other Jacks Complex in the South                        public of the closure. Such procedures                under authority of the Magnuson-
                                             Atlantic, effective at 12:01 a.m., local                are contrary to the public interest                   Stevens Fishery Conservation and
                                             time, on August 22, 2018.                               because of the need to immediately                    Management Act. Regulations governing
                                                The operator of a vessel with a valid                implement this action to protect the                  fishing by U.S. vessels in accordance
                                             commercial permit for South Atlantic                    species in the Other Jacks Complex,                   with the FMP appear at subpart H of 50
                                             snapper-grouper having lesser                           since the capacity of the fishing fleet               CFR part 600 and 50 CFR part 679.
                                             amberjack, almaco jack, or banded                       allows for rapid harvest of the                          The 2018 total allowable catch (TAC)
                                             rudderfish on board must have landed                    commercial ACL. Prior notice and                      of sablefish allocated to vessels using
                                             and bartered, traded, or sold such                      opportunity for public comment would                  trawl gear in the West Yakutat District
                                             species prior to 12:01 a.m., local time,                require time and would potentially                    of the GOA is 240 metric tons (mt) as
                                             on August 22, 2018. During the                          result in a harvest well in excess of the             established by the final 2018 and 2019
                                             commercial closure, the recreational bag                established commercial ACL.                           harvest specifications for groundfish of
                                             limit specified in 50 CFR 622.187(b)(8)                                                                       the GOA (83 FR 8768, March 1, 2018).
                                             and the possession limits specified in 50                  For the aforementioned reasons, the                   In accordance with § 679.20(d)(2), the
                                             CFR 622.187(c) apply to all harvest or                  AA also finds good cause to waive the                 Administrator, Alaska Region, NMFS
                                             possession of lesser amberjack, almaco                  30-day delay in the effectiveness of this             (Regional Administrator), has
                                             jack, or banded rudderfish in or from                   action under 5 U.S.C. 553(d)(3).                      determined that the 2018 TAC of
                                             the South Atlantic EEZ, while the                         Authority: 16 U.S.C. 1801 et seq.                   sablefish allocated to vessels using trawl
                                             recreational sector is open. These                                                                            gear in the West Yakutat District of the
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                                                                                                       Dated: August 13, 2018.
                                             recreational bag and possession limits                                                                        GOA will be reached. Therefore, NMFS
                                             apply in the South Atlantic on board a                  Margo B. Schulze-Haugen,                              is requiring that sablefish caught by
                                             vessel for which a valid Federal                        Acting Director, Office of Sustainable                vessels using trawl gear in the West
                                             commercial or charter vessel/headboat                   Fisheries, National Marine Fisheries Service.         Yakutat District of the GOA be treated
                                             permit for South Atlantic snapper-                      [FR Doc. 2018–17719 Filed 8–16–18; 8:45 am]           as prohibited species in accordance
                                             grouper has been issued, regardless of                  BILLING CODE 3510–22–P                                with § 679.21(b).


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                                             41020              Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations

                                             Classification                                          DEPARTMENT OF COMMERCE                                of the GOA will soon be reached.
                                                                                                                                                           Therefore, the Regional Administrator is
                                                This action responds to the best                     National Oceanic and Atmospheric                      establishing a directed fishing
                                             available information recently obtained                 Administration                                        allowance of 3,271 mt, and is setting
                                             from the fishery. The Assistant                                                                               aside the remaining 100 mt as bycatch
                                             Administrator for Fisheries, NOAA                       50 CFR Part 679                                       to support other anticipated groundfish
                                             (AA), finds good cause to waive the                                                                           fisheries. In accordance with
                                                                                                     [Docket No. 170816769–8162–02]
                                             requirement to provide prior notice and                                                                       § 679.20(d)(1)(iii), the Regional
                                             opportunity for public comment                          RIN 0648–XG400                                        Administrator finds that this directed
                                             pursuant to the authority set forth at 5                                                                      fishing allowance has been reached.
                                             U.S.C. 553(b)(B) as such requirement is                 Fisheries of the Exclusive Economic                   Consequently, NMFS is prohibiting
                                             impracticable and contrary to the public                Zone Off Alaska; Pacific Ocean Perch                  directed fishing for Pacific ocean perch
                                             interest. This requirement is                           in the West Yakutat District of the Gulf              in the West Yakutat District of the GOA.
                                             impracticable and contrary to the public                of Alaska                                             While this closure remains effective the
                                             interest as it would prevent NMFS from                  AGENCY:  National Marine Fisheries                    maximum retainable amounts at
                                             responding to the most recent fisheries                 Service (NMFS), National Oceanic and                  § 679.20(e) and (f) apply at any time
                                             data in a timely fashion and would                      Atmospheric Administration (NOAA),                    during a trip.
                                             delay prohibiting the retention of                      Commerce.                                             Classification
                                             sablefish by vessels using trawl gear in                ACTION: Temporary rule; closure.
                                                                                                                                                              This action responds to the best
                                             the West Yakutat District of the GOA.
                                                                                                     SUMMARY:   NMFS is prohibiting directed               available information recently obtained
                                             NMFS was unable to publish a notice
                                                                                                     fishing for Pacific ocean perch in the                from the fishery. The Assistant
                                             providing time for public comment                                                                             Administrator for Fisheries, NOAA
                                             because the most recent, relevant data                  West Yakutat District of the Gulf of
                                                                                                     Alaska (GOA). This action is necessary                (AA), finds good cause to waive the
                                             only became available as of August 13,                                                                        requirement to provide prior notice and
                                             2018.                                                   to prevent exceeding the 2018 total
                                                                                                     allowable catch of Pacific ocean perch                opportunity for public comment
                                                The AA also finds good cause to                      in the West Yakutat District of the GOA.              pursuant to the authority set forth at 5
                                             waive the 30-day delay in the effective                                                                       U.S.C. 553(b)(B) as such requirement is
                                                                                                     DATES: Effective 1200 hours, Alaska
                                             date of this action under 5 U.S.C.                                                                            impracticable and contrary to the public
                                                                                                     local time (A.l.t.), August 14, 2018,
                                             553(d)(3). This finding is based upon                                                                         interest. This requirement is
                                                                                                     through 2400 hours, A.l.t., December 31,
                                             the reasons provided above for waiver of                                                                      impracticable and contrary to the public
                                                                                                     2018.
                                             prior notice and opportunity for public                                                                       interest as it would prevent NMFS from
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      responding to the most recent fisheries
                                             comment.
                                                                                                     Steve Whitney, 907–586–7228.                          data in a timely fashion and would
                                                This action is required by §§ 679.20                 SUPPLEMENTARY INFORMATION: NMFS                       delay the closure of directed fishing for
                                             and 679.21 and is exempt from review                    manages the groundfish fishery in the                 Pacific ocean perch in the West Yakutat
                                             under Executive Order 12866.                            GOA exclusive economic zone                           District of the GOA. NMFS was unable
                                                Authority: 16 U.S.C. 1801 et seq.                    according to the Fishery Management                   to publish a notice providing time for
                                                                                                     Plan for Groundfish of the Gulf of                    public comment because the most
                                               Dated: August 14, 2018.
                                                                                                     Alaska (FMP) prepared by the North                    recent, relevant data only became
                                             Margo B. Schulze-Haugen,                                Pacific Fishery Management Council                    available as of August 13, 2018.
                                             Acting Director, Office of Sustainable                  under authority of the Magnuson-                         The AA also finds good cause to
                                             Fisheries, National Marine Fisheries Service.           Stevens Fishery Conservation and                      waive the 30-day delay in the effective
                                             [FR Doc. 2018–17798 Filed 8–14–18; 4:15 pm]             Management Act. Regulations governing                 date of this action under 5 U.S.C.
                                             BILLING CODE 3510–22–P                                  fishing by U.S. vessels in accordance                 553(d)(3). This finding is based upon
                                                                                                     with the FMP appear at subpart H of 50                the reasons provided above for waiver of
                                                                                                     CFR part 600 and 50 CFR part 679.                     prior notice and opportunity for public
                                                                                                        The 2018 total allowable catch (TAC)               comment.
                                                                                                     of Pacific ocean perch in the West                       This action is required by § 679.20
                                                                                                     Yakutat District of the GOA is 3,371                  and is exempt from review under
                                                                                                     metric tons (mt) as established by the                Executive Order 12866.
                                                                                                     final 2018 and 2019 harvest                             Authority: 16 U.S.C. 1801 et seq.
                                                                                                     specifications for groundfish of the GOA
                                                                                                     (83 FR 8768, March 1, 2018).                            Dated: August 14, 2018.
                                                                                                        In accordance with § 679.20(d)(1)(i),              Margo B. Schulze-Haugen,
                                                                                                     the Administrator, Alaska Region,                     Acting Director, Office of Sustainable
                                                                                                     NMFS (Regional Administrator), has                    Fisheries, National Marine Fisheries Service.
                                                                                                     determined that the 2018 TAC of Pacific               [FR Doc. 2018–17797 Filed 8–14–18; 4:15 pm]
                                                                                                     ocean perch in the West Yakutat District              BILLING CODE 3510–22–P
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Document Created: 2018-08-17 03:25:51
Document Modified: 2018-08-17 03:25:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesEffective 1200 hours, Alaska local time (A.l.t.), August 14, 2018, through 2400 hours, A.l.t., December 31, 2018.
ContactSteve Whitney, 907-586-7228.
FR Citation83 FR 41019 
RIN Number0648-XG40

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