83 FR 42227 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 162 (August 21, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 162 (August 21, 2018)
| Page Range | 42227-42228 | |
| FR Document | 2018-18014 |
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)] [Rules and Regulations] [Pages 42227-42228] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18014] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779-8161-02] RIN 0648-XG428 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod 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; reallocation. ----------------------------------------------------------------------- SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod total allowable catch (TAC) from vessels using jig gear and catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2018 TAC of Pacific cod to be harvested. DATES: Effective August 16, 2018, through 2400 hours, Alaska local time (A.l.t.), December 31, 2018. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (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 Pacific cod TAC specified for vessels using jig gear in the BSAI is 1,149 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the [[Page 42228]] BSAI (83 FR 8365, February 27, 2018) and inseason adjustment (83 FR 2932, January 22, 2018). The 2018 Pacific cod TAC specified for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI is 363 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018). The 2018 Pacific cod 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 mt as established by final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and inseason adjustment (83 FR 2932, January 22, 2018). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that jig vessels will not be able to harvest 900 mt of the 2018 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(1). The Regional Administrator has determined that catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear will not be able to harvest 363 mt of the 2018 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(3). Therefore, in accordance with Sec. 679.20(a)(7)(iii)(A), NMFS apportions 900 mt of Pacific cod from the jig vessel apportionment to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Also, in accordance with Sec. 679.20(a)(7)(iii)(A), NMFS apportions 363 mt of Pacific cod from the catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear apportionment to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. The harvest specifications for Pacific cod included in final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and inseason adjustment (83 FR 2932, January 22, 2018) are revised as follows: 249 mt to the annual amount for vessels using jig gear, 0 mt to catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear, and 6,290 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. 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 reallocation of Pacific cod specified from jig vessels and catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 15, 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: August 16, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-18014 Filed 8-16-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 42227
6(c)(2))—As we discuss in the section- and CB issued ACYF–CB–IM–18–01 of this section and appendices A
by-section discussion preamble, we (issued March 16, 2018). Additionally, through E of this part until September
proposed in the NPRM to delay for an ACF held a tribal consultation on 30, 2020. As of October 1, 2020, state
additional two fiscal years the date by November 6, 2017 during which tribes and tribal title IV–E agencies must
which title IV–E agencies must comply requested that ACF leave the 2016 final comply with §§ 1355.41 through
with the 2016 final rule. Our balance to rule in place, stating that the ICWA- 1355.47.
meet the states’ needs for a delay, as related data elements are very important * * * * *
expressed in their comments, is to for accountability. At a meeting with [FR Doc. 2018–17947 Filed 8–20–18; 8:45 am]
provide an additional one year. tribal representatives at the Secretary’s BILLING CODE 4184–25–P
Assessment of Federal Regulations and Tribal Advisory Committee on May 9
Policies on Families and 10, 2018, representatives stated the
following: they support the 2016 final DEPARTMENT OF COMMERCE
Section 654 of the Treasury and rule; they have concerns that states are
General Government Appropriations not following ICWA; the ICWA-related National Oceanic and Atmospheric
Act of 2000 (Pub. L. 106–58) requires data elements are critical to informing Administration
federal agencies to determine whether a Congress, HHS, states, and tribes on
policy or regulation may affect family how Native children and families are 50 CFR Part 679
well-being. If the agency’s doing in state child welfare systems;
determination is affirmative, then the and AFCARS information would help [Docket No. 170817779–8161–02]
agency must prepare an impact inform issues such as foster care
assessment addressing seven criteria RIN 0648–XG428
disproportionality.
specified in the law. This final rule will As we developed this final rule, we Fisheries of the Exclusive Economic
not have an impact on family well-being carefully considered the comments from Zone Off Alaska; Reallocation of
as defined in the law. Indian tribes and organizations Pacific Cod in the Bering Sea and
Paperwork Reduction Act representing tribal interests, whose Aleutian Islands Management Area
comments were to not delay the
Under the Paperwork Reduction Act AGENCY: National Marine Fisheries
implementation of the 2016 final rule.
(44 U.S.C. 35, as amended) (PRA), all Service (NMFS), National Oceanic and
However, we must balance the need for
Departments are required to submit to Atmospheric Administration (NOAA),
data with the needs of our grantees, the
OMB for review and approval any Commerce.
title IV–E agencies, that must revise
reporting or recordkeeping requirements
their systems to meet new AFCARS ACTION: Temporary rule; reallocation.
inherent in a proposed or final rule.
requirements and will ultimately be
PRA rules require that ACF estimate the SUMMARY: NMFS is reallocating the
held accountable via compliance and
total burden created by this proposed projected unused amount of Pacific cod
penalties to report the data.
rule regardless of what information is total allowable catch (TAC) from vessels
available. ACF provides burden and cost List of Subjects in 45 CFR Part 1355 using jig gear and catcher vessels greater
estimates using the best available Adoption and foster care, Child than or equal to 60 feet (18.3 meters (m))
information. Information collection for welfare, Grant programs—social length overall (LOA) using hook-and-
AFCARS is currently authorized under programs. line gear to catcher vessels less than 60
OMB number 0970–0422. This final rule feet (18.3 m) LOA using hook-and-line
does not make changes to the AFCARS (Catalog of Federal Domestic Assistance
Program Number 93.658, Foster Care or pot gear in the Bering Sea and
requirements for title IV–E agencies; it Maintenance; 93.659, Adoption Assistance; Aleutian Islands management area. This
delays the effective date and provides 93.645, Child Welfare Services—State action is necessary to allow the 2018
title IV–E agencies with additional time Grants). TAC of Pacific cod to be harvested.
to comply with §§ 1355.41 through DATES: Effective August 16, 2018,
Dated: July 20, 2018.
1355.47. Thus, the annual burden hours through 2400 hours, Alaska local time
Steven Wagner,
for recordkeeping and reporting does (A.l.t.), December 31, 2018.
not change from those currently Acting Assistant Secretary for Children and
Families. FOR FURTHER INFORMATION CONTACT: Josh
authorized under OMB number 0970–
0422. Therefore, we are not seeking Approved: July 25, 2018 Keaton, 907–586–7228.
comments on any information collection Alex M. Azar II, SUPPLEMENTARY INFORMATION: NMFS
requirements through this final rule. Secretary. manages the groundfish fishery in the
For the reasons set forth in the Bering Sea and Aleutian Islands (BSAI)
Tribal Consultation Statement according to the Fishery Management
preamble, we amend 45 CFR part 1355
ACF is committed to consulting with as follows: Plan for Groundfish of the Bering Sea
Indian tribes and tribal leadership to the and Aleutian Islands Management Area
extent practicable and permitted by law, PART 1355—GENERAL (FMP) prepared by the North Pacific
prior to promulgating any regulation Fishery Management Council under
that has tribal implications. During the ■ 1. The authority citation for part 1355 authority of the Magnuson-Stevens
comment period, CB held an continues to read as follows: Fishery Conservation and Management
information session on April 5, 2018 Authority: 42 U.S.C. 620 et seq., 42 U.S.C. Act. Regulations governing fishing by
where the NPRM was presented by CB 670 et seq.; 42 U.S.C. 1302. U.S. vessels in accordance with the FMP
sradovich on DSK3GMQ082PROD with RULES
officials. Prior to this information ■ 2. Amend § 1355.40 by revising appear at subpart H of 50 CFR part 600
session, the NPRM was linked to on the paragraph (a) to read as follows: and 50 CFR part 679.
CB website, a link to the NPRM was The 2018 Pacific cod TAC specified
emailed to CB’s tribal lists (on March § 1355.40 Foster care and adoption data for vessels using jig gear in the BSAI is
13, 2018 when the NPRM was available collection. 1,149 metric tons (mt) as established by
for public inspection and March 15, (a) Scope. State and tribal title IV–E the final 2018 and 2019 harvest
2018 when the NPRM was published), agencies must follow the requirements specifications for groundfish in the
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![42228 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
BSAI (83 FR 8365, February 27, 2018) opportunity for public comment SUMMARY: NMFS is prohibiting directed
and inseason adjustment (83 FR 2932, pursuant to the authority set forth at 5 fishing for Pacific ocean perch in the
January 22, 2018). U.S.C. 553(b)(B) as such requirement is Central Aleutian district (CAI) of the
The 2018 Pacific cod TAC specified impracticable and contrary to the public Bering Sea and Aleutian Islands
for catcher vessels greater than or equal interest. This requirement is management area (BSAI) by vessels
to 60 feet (18.3 m) LOA using hook-and- impracticable and contrary to the public participating in the BSAI trawl limited
line gear in the BSAI is 363 mt as interest as it would prevent NMFS from access fishery. This action is necessary
established by the final 2018 and 2019 responding to the most recent fisheries to prevent exceeding the 2018 total
harvest specifications for groundfish in data in a timely fashion and would allowable catch (TAC) of Pacific ocean
the BSAI (83 FR 8365, February 27, delay the reallocation of Pacific cod perch in the CAI allocated to vessels
2018). specified from jig vessels and catcher participating in the BSAI trawl limited
The 2018 Pacific cod TAC allocated to vessels greater than or equal to 60 feet access fishery.
catcher vessels less than 60 feet (18.3 m) (18.3 m) LOA using hook-and-line gear DATES: Effective 1200 hrs, Alaska local
LOA using hook-and-line or pot gear in to catcher vessels less than 60 feet (18.3 time (A.l.t.), August 16, 2018, through
the BSAI is 5,027 mt as established by m) LOA using hook-and-line or pot gear. 2400 hrs, A.l.t., December 31, 2018.
final 2018 and 2019 harvest Since the fishery is currently open, it is FOR FURTHER INFORMATION CONTACT:
specifications for groundfish in the important to immediately inform the
BSAI (83 FR 8365, February 27, 2018) Steve Whitney, 907–586–7228.
industry as to the revised allocations.
and inseason adjustment (83 FR 2932, SUPPLEMENTARY INFORMATION: NMFS
Immediate notification is necessary to
January 22, 2018). manages the groundfish fishery in the
allow for the orderly conduct and
The Administrator, Alaska Region, BSAI exclusive economic zone
efficient operation of this fishery, to
NMFS, (Regional Administrator) has according to the Fishery Management
allow the industry to plan for the fishing
determined that jig vessels will not be Plan for Groundfish of the Bering Sea
season, and to avoid potential
able to harvest 900 mt of the 2018 and Aleutian Islands Management Area
disruption to the fishing fleet as well as
Pacific cod TAC allocated to those (FMP) prepared by the North Pacific
processors. NMFS was unable to
vessels under § 679.20(a)(7)(ii)(A)(1). Fishery Management Council under
publish a notice providing time for
The Regional Administrator has authority of the Magnuson-Stevens
public comment because the most
determined that catcher vessels greater Fishery Conservation and Management
recent, relevant data only became
than or equal to 60 feet (18.3 m) LOA Act. Regulations governing fishing by
available as of August 15, 2018.
using hook-and-line gear will not be U.S. vessels in accordance with the FMP
The AA also finds good cause to
able to harvest 363 mt of the 2018 appear at subpart H of 50 CFR part 600
waive the 30-day delay in the effective
Pacific cod TAC allocated to those and 50 CFR part 679.
date of this action under 5 U.S.C.
vessels under § 679.20(a)(7)(ii)(A)(3). The 2018 TAC of Pacific ocean perch,
553(d)(3). This finding is based upon
Therefore, in accordance with in the CAI, allocated to vessels
the reasons provided above for waiver of
§ 679.20(a)(7)(iii)(A), NMFS apportions participating in the BSAI trawl limited
prior notice and opportunity for public
900 mt of Pacific cod from the jig vessel access fishery was established as a
comment.
apportionment to the annual amount This action is required by § 679.20 directed fishing allowance of 658 metric
specified for catcher vessels less than 60 and is exempt from review under tons by the final 2018 and 2019 harvest
feet (18.3 m) LOA using hook-and-line Executive Order 12866. specifications for groundfish in the
or pot gear. Also, in accordance with BSAI (83 FR 8365, February 27, 2018).
§ 679.20(a)(7)(iii)(A), NMFS apportions Authority: 16 U.S.C. 1801 et seq. In accordance with § 679.20(d)(1)(iii),
363 mt of Pacific cod from the catcher Dated: August 16, 2018. the Regional Administrator finds that
vessels greater than or equal to 60 feet Margo B. Schulze-Haugen, this directed fishing allowance has been
(18.3 m) LOA using hook-and-line gear Acting Director, Office of Sustainable reached. Consequently, NMFS is
apportionment to the annual amount Fisheries, National Marine Fisheries Service. prohibiting directed fishing for Pacific
specified for catcher vessels less than 60 [FR Doc. 2018–18014 Filed 8–16–18; 4:15 pm] ocean perch in the CAI by vessels
feet (18.3 m) LOA using hook-and-line BILLING CODE 3510–22–P
participating in the BSAI trawl limited
or pot gear. access fishery.
The harvest specifications for Pacific After the effective dates of this
cod included in final 2018 and 2019 DEPARTMENT OF COMMERCE closure, the maximum retainable
harvest specifications for groundfish in amounts at § 679.20(e) and (f) apply at
the BSAI (83 FR 8365, February 27, National Oceanic and Atmospheric any time during a trip.
2018) and inseason adjustment (83 FR Administration
Classification
2932, January 22, 2018) are revised as
follows: 249 mt to the annual amount 50 CFR Part 679 This action responds to the best
for vessels using jig gear, 0 mt to catcher available information recently obtained
[Docket No. 170817779–8161–02]
vessels greater than or equal to 60 feet from the fishery. The Assistant
(18.3 m) LOA using hook-and-line gear, RIN 0648–XG115 Administrator for Fisheries, NOAA,
and 6,290 mt to catcher vessels less than (AA) finds good cause to waive the
60 feet (18.3 m) LOA using hook-and- Fisheries of the Exclusive Economic requirement to provide prior notice and
line or pot gear. Zone Off Alaska; Pacific Ocean Perch opportunity for public comment
in the Bering Sea and Aleutian Islands pursuant to the authority set forth at 5
sradovich on DSK3GMQ082PROD with RULES
Classification Management Area U.S.C. 553(b)(B) as such a requirement
This action responds to the best AGENCY: National Marine Fisheries is impracticable and contrary to the
available information recently obtained Service (NMFS), National Oceanic and public interest. This requirement is
from the fishery. The Assistant Atmospheric Administration (NOAA), impracticable and contrary to the public
Administrator for Fisheries, NOAA Commerce. interest as it would prevent NMFS from
(AA), finds good cause to waive the responding to the most recent fisheries
ACTION: Temporary rule; closure.
requirement to provide prior notice and data in a timely fashion and would
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Document Created: 2018-08-21 00:07:59
Document Modified: 2018-08-21 00:07:59
| 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; reallocation. | |
| Dates | Effective August 16, 2018, through 2400 hours, Alaska local time (A.l.t.), December 31, 2018. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 83 FR 42227 | |
| RIN Number | 0648-XG42 |
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