83 FR 43797 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 167 (August 28, 2018)

Page Range		43797-43798
FR Document		2018-18624

NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters) 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 fully use the 2018 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.

Federal Register, Volume 83 Issue 167 (Tuesday, August 28, 2018)

[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43797-43798]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18624]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG429


Fisheries of the Exclusive Economic Zone Off Alaska; 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; modification of a closure; request for 
comments.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels less than 60 feet (18.3 meters) 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 fully use the 2018 
total allowable catch of Pacific cod allocated to catcher vessels less 
than 60 feet LOA using hook-and-line or pot gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 
2018, through 2400 hours, A.l.t., December 31, 2018. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 12, 2018.

[[Page 43798]]


ADDRESSES: Submit your comments, identified by NOAA-NMFS-2017-0108, by 
either of the following methods:
     Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0108, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record, and NMFS will post the comments for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 parts 600 and 679.
    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet LOA using hook-and-line or pot gear in the BSAI under 
Sec.  679.20(d)(1)(iii) on January 23, 2018 (83 FR 3626, January 26, 
2018).
    NMFS has determined that as of August 22, 2018, approximately 742 
metric tons of Pacific cod remain in the 2018 Pacific cod apportionment 
for catcher vessels less than 60 feet LOA using hook-and-line or pot 
gear in the BSAI. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2018 total 
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
catcher vessels less than 60 feet LOA using hook-and-line or pot gear 
in the BSAI. The Administrator, Alaska Region, NMFS, (Regional 
Administrator) considered the following factors in reaching this 
decision: (1) The current catch of Pacific cod by catcher vessels less 
than 60 feet LOA using hook-and-line or pot gear in the BSAI and, (2) 
the harvest capacity and stated intent on future harvesting patterns of 
vessels in participating in this fishery.

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 opening of directed fishing for Pacific cod by catcher 
vessels less than 60 feet LOA using hook-and-line or pot gear in the 
BSAI. 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 and 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 22, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels less than 60 feet LOA using hook-
and-line or pot gear in the BSAI to be harvested in an expedient manner 
and in accordance with the regulatory schedule. Under Sec.  
679.25(c)(2), interested persons are invited to submit written comments 
on this action to the above address until September 12, 2018.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 23, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18624 Filed 8-27-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43797

and all that remains is to notify the GOA exclusive economic zone delay the directed fishing closure of
public of the recreational closure for according to the Fishery Management Pacific cod by catcher vessels greater
golden tilefish for the remainder of the Plan for Groundfish of the Gulf of than or equal to 50 feet LOA using hook-
2018 fishing year. Prior notice and Alaska (FMP) prepared by the North and-line gear in the Central Regulatory
opportunity for comment are contrary to Pacific Fishery Management Council Area of the GOA. NMFS was unable to
the public interest because of the need under authority of the Magnuson- publish a notice providing time for
to immediately implement this action to Stevens Fishery Conservation and public comment because the most
protect the golden tilefish resource. Management Act. Regulations governing recent, relevant data only became
Time required for notice and public fishing by U.S. vessels in accordance available as of August 22, 2018.
comment would allow for continued with the FMP appear at subpart H of 50 The AA also finds good cause to
recreational harvest and further CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective
exceedance of the recreational ACL. Regulations governing sideboard date of this action under 5 U.S.C.
For the aforementioned reasons, the protections for GOA groundfish 553(d)(3). This finding is based upon
AA also finds good cause to waive the fisheries appear at subpart B of 50 CFR the reasons provided above for waiver of
30-day delay in the effectiveness of this part 680. prior notice and opportunity for public
action under 5 U.S.C. 553(d)(3). The annual allowance of the 2018 comment.
Pacific cod total allowable catch (TAC) This action is required by § 679.20
Authority: 16 U.S.C. 1801 et seq.
apportioned to catcher vessels greater and is exempt from review under
Dated: August 23, 2018. than or equal to 50 feet LOA using hook- Executive Order 12866.
Margo B. Schulze-Haugen, and-line gear in the Central Regulatory
Authority: 16 U.S.C. 1801 et seq.
Acting Director, Office of Sustainable Area of the GOA is 404 metric tons (mt),
Fisheries, National Marine Fisheries Service. as established by the final 2018 and Dated: August 23, 2018.
[FR Doc. 2018–18621 Filed 8–23–18; 4:15 pm] 2019 harvest specifications for Margo B. Schulze-Haugen,
BILLING CODE 3510–22–P groundfish of the GOA (83 FR 8768, Acting Director, Office of Sustainable
March 1, 2018). Fisheries, National Marine Fisheries Service.
In accordance with § 679.20(d)(1)(i), [FR Doc. 2018–18622 Filed 8–27–18; 8:45 am]
DEPARTMENT OF COMMERCE the Administrator, Alaska Region, BILLING CODE 3510–22–P
NMFS (Regional Administrator) has
National Oceanic and Atmospheric determined that the annual allowance of
Administration the 2018 Pacific cod TAC apportioned DEPARTMENT OF COMMERCE
to catcher vessels greater than or equal
50 CFR Part 679 to 50 feet LOA using hook-and-line gear National Oceanic and Atmospheric
[Docket No. 170816769–8162–02]
in the Central Regulatory Area of the Administration
GOA will soon be reached. Therefore,
RIN 0648–XG394 the Regional Administrator is 50 CFR Part 679
establishing a directed fishing
Fisheries of the Exclusive Economic allowance of 344 mt and is setting aside [Docket No. 170817779–8161–02]
Zone Off Alaska; Pacific Cod by the remaining 60 mt as bycatch to
Catcher Vessels Greater Than or Equal support other anticipated groundfish RIN 0648–XG429
to 50 Feet Length Overall Using Hook- fisheries. In accordance with
and-Line Gear in the Central § 679.20(d)(1)(iii), the Regional Fisheries of the Exclusive Economic
Regulatory Area of the Gulf of Alaska Administrator finds that this directed Zone Off Alaska; Pacific Cod in the
AGENCY: National Marine Fisheries fishing allowance has been reached. Bering Sea and Aleutian Islands
Service (NMFS), National Oceanic and Consequently, NMFS is prohibiting Management Area
Atmospheric Administration (NOAA), directed fishing for Pacific cod by
catcher vessels greater than or equal to AGENCY: National Marine Fisheries
Commerce. Service (NMFS), National Oceanic and
50 feet LOA using hook-and-line gear in
ACTION: Temporary rule; closure. Atmospheric Administration (NOAA),
the Central Regulatory Area of the GOA.
While this closure is effective the Commerce.
SUMMARY: NMFS is prohibiting directed
maximum retainable amounts at ACTION: Temporary rule; modification of
fishing for Pacific cod by catcher vessels
greater than or equal to 50 feet length § 679.20(e) and (f) apply at any time a closure; request for comments.
overall (LOA) using hook-and-line gear during a trip.
SUMMARY: NMFS is opening directed
in the Central Regulatory Area of the Classification fishing for Pacific cod by catcher vessels
Gulf of Alaska (GOA). This action is less than 60 feet (18.3 meters) length
This action responds to the best
necessary to prevent exceeding the overall (LOA) using hook-and-line or
available information recently obtained
annual allowance of the 2018 Pacific pot gear in the Bering Sea and Aleutian
from the fishery. The Assistant
cod total allowable catch apportioned to Islands Management Area (BSAI). This
Administrator for Fisheries, NOAA
catcher vessels greater than or equal to action is necessary to fully use the 2018
(AA), finds good cause to waive the
50 feet LOA using hook-and-line gear in total allowable catch of Pacific cod
requirement to provide prior notice and
the Central Regulatory Area of the GOA. allocated to catcher vessels less than 60
opportunity for public comment
DATES: Effective 1200 hours, Alaska pursuant to the authority set forth at 5 feet LOA using hook-and-line or pot
local time (A.l.t.), September 1, 2018, U.S.C. 553(b)(B) as such requirement is gear in the BSAI.
daltland on DSKBBV9HB2PROD with RULES

through 2400 hours, A.l.t., December 31, impracticable and contrary to the public DATES: Effective 1200 hours, Alaska
2018. interest. This requirement is local time (A.l.t.), September 1, 2018,
FOR FURTHER INFORMATION CONTACT: impracticable and contrary to the public through 2400 hours, A.l.t., December 31,
Obren Davis, 907–586–7228. interest as it would prevent NMFS from 2018. Comments must be received at the
SUPPLEMENTARY INFORMATION: NMFS responding to the most recent fisheries following address no later than 4:30
manages the groundfish fishery in the data in a timely fashion and would p.m., A.l.t., September 12, 2018.

VerDate Sep<11>2014 15:59 Aug 27, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1

Document Created: 2018-08-28 00:22:24
Document Modified: 2018-08-28 00:22:24

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; modification of a closure; request for comments.
Dates		Effective 1200 hours, Alaska local time (A.l.t.), September 1, 2018, through 2400 hours, A.l.t., December 31, 2018. Comments must be
Contact		Obren Davis, 907-586-7228.
FR Citation		83 FR 43797
RIN Number		0648-XG42

83 FR 43797 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 167 (August 28, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration