83_FR_44167 83 FR 43999 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of Alaska

83 FR 43999 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 168 (August 29, 2018)

Page Range43999-44000
FR Document2018-18727

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the annual allowance of the 2018 Pacific cod total allowable catch apportioned to trawl catcher vessels in the Central Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 168 (Wednesday, August 29, 2018)
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Pages 43999-44000]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18727]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 107816769-8162-02]
RIN 0648-XG396


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Trawl Catcher Vessels in the Central Regulatory Area 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 directed fishing for Pacific cod by 
catcher vessels using trawl gear in the Central Regulatory Area of the 
Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 
annual allowance of the 2018 Pacific cod total allowable catch 
apportioned to trawl catcher

[[Page 44000]]

vessels in the Central Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 
2018, through 2400 hours, A.l.t., December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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. Regulations governing sideboard 
protections for GOA groundfish fisheries appear at subpart B of 50 CFR 
part 680.
    The annual allowance of the 2018 Pacific cod total allowable catch 
(TAC) apportioned to trawl catcher vessels in the Central Regulatory 
Area of the GOA not participating in the cooperative fishery of the 
Rockfish Program is 2,275 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)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the annual 
allowance of the 2018 Pacific cod TAC apportioned to trawl catcher 
vessels in the Central Regulatory Area of the GOA is necessary to 
account for the incidental catch in other anticipated fisheries. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 0 mt and is setting aside the remaining 2,275 mt 
as bycatch to support other anticipated groundfish fisheries. 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 cod by 
catcher vessels using trawl gear in the Central Regulatory Area of the 
GOA. While this closure is effective the maximum retainable amounts at 
Sec.  679.20(e) and (f) apply at any time during a trip. This closure 
does not apply to fishing by vessels participating in the cooperative 
fishery of the Rockfish Program for the Central GOA.

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 directed fishing closure of Pacific cod by catcher 
vessels using trawl gear in the Central Regulatory Area 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 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.
    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 24, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18727 Filed 8-28-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations                                                43999

                                              electronic signature is the legally                     data storage for its automated records                   records matching the criteria specified
                                              binding equivalent of his or her                        for the quarters prescribed in the                       in a search.
                                              handwritten signature.                                  following table for the time specified in                ■ 9. In § 228.207, revise paragraphs
                                                 (b) System security. Railroads using                 § 228.9(c)(3), to be updated within 30                   (b)(1)(iii)(B) and (c)(1)(i) to read as
                                              an automated recordkeeping system                       days of the end of each prescribed                       follows:
                                              must protect the integrity of the system                quarter—
                                              by the use of an employee identification                                                                         § 228.207   Training.
                                              number and password, or a comparable                    Quarter 1 ........     January 1 through March 31.       *       *    *    *    *
                                              method, to establish appropriate levels                 Quarter 2 ........     April 1 through June 30.             (b) * * *
                                              of program access meeting all of the                    Quarter 3 ........     July 1 through September             (1) * * *
                                              following standards:                                                             30.                                (iii) * * *
                                                 (1) Data input is restricted to the                  Quarter 4 ........     October 1 through Decem-
                                                                                                                                                                  (B) The entry of hours of service data,
                                              employee or train crew or signal gang                                            ber 31.
                                                                                                                                                               into the electronic system or automated
                                              whose time is being recorded, except                                                                             system or on the appropriate paper
                                                                                                         (7) Supervisors and crew management
                                              that an eligible smaller railroad, or a                                                                          records used by the railroad or
                                                                                                      officials can access, but cannot delete or
                                              contractor or subcontractor to such a                                                                            contractor or subcontractor to a railroad
                                                                                                      alter, the records of any employee after
                                              railroad, may pre-populate fields of the                                                                         for which the employee performs
                                                                                                      the employee electronically signs the
                                              hours of service record provided that—                                                                           covered service; and
                                                 (i) The eligible smaller railroad, or its            record.
                                                                                                         (c) Identification of the individual                  *       *    *    *    *
                                              contractor or subcontractor, pre-                                                                                   (c) * * *
                                              populates fields of the hours of service                entering data. If a given record contains
                                                                                                      data entered by more than one                               (1) * * *
                                              record with information the railroad, or                                                                            (i) Emphasize any relevant changes to
                                              its contractor or subcontractor knows is                individual, the record must identify
                                                                                                      each individual who entered specific                     the hours of service laws, the recording
                                              factually accurate for a specific                                                                                and reporting requirements in subparts
                                              employee.                                               information within the record and the
                                                                                                      data the individual entered.                             B and D of this part, or the electronic,
                                                 (ii) The recordkeeping system may                                                                             automated, or manual recordkeeping
                                              allow employees to copy data from one                      (d) Search capabilities. The
                                                                                                      automated recordkeeping system must                      system of the railroad or contractor or
                                              field of a record into another field,                                                                            subcontractor to a railroad for which the
                                              where applicable.                                       store records using the following criteria
                                                                                                      so all records matching the selected                     employee performs covered service
                                                 (iii) The eligible smaller railroad, or
                                                                                                      criteria are retrieved from the same                     since the employee last received
                                              its contractor or subcontractor does not
                                                                                                      location:                                                training; and
                                              use estimated, historical, or arbitrary
                                              information to pre-populate any field of                   (1) Date (month and year);                            *       *    *    *    *
                                              an hours of service record.                                (2) Employee name or identification                     Issued in Washington, DC.
                                                 (iv) An eligible smaller railroad, or a              number; and
                                                                                                                                                               Ronald Louis Batory,
                                              contractor or a subcontractor to such a                    (3) Electronically signed records
                                                                                                      containing one or more instances of                      Administrator.
                                              railroad, is not in violation of paragraph                                                                       [FR Doc. 2018–18639 Filed 8–28–18; 8:45 am]
                                              (b)(1) of this section if it makes a good               excess service, including duty tours in
                                              faith judgment as to the factual accuracy               excess of 12 hours.                                      BILLING CODE 4910–06–P

                                              of the data for a specific employee but                    (e) Access to records. An eligible
                                              nevertheless errs in pre-populating a                   smaller railroad, or contractor or
                                              data field.                                             subcontractor providing covered service                  DEPARTMENT OF COMMERCE
                                                 (v) The employee may make any                        employees to such a railroad, must
                                                                                                      provide access to its hours of service                   National Oceanic and Atmospheric
                                              necessary changes to the data by typing                                                                          Administration
                                              into the field without having to access                 records under subpart B that are created
                                              another screen or obtain clearance from                 and maintained in its automated
                                                                                                      recordkeeping system to FRA inspectors                   50 CFR Part 679
                                              railroad, or contractor or subcontractor
                                              to the railroad.                                        and State inspectors participating under                 [Docket No. 107816769–8162–02]
                                                 (2) No two individuals have the same                 49 CFR part 212, subject to the
                                                                                                      following requirements:                                  RIN 0648–XG396
                                              electronic signature.
                                                 (3) No individual can delete or alter                   (1) Access to records created and
                                                                                                                                                               Fisheries of the Exclusive Economic
                                              a record after the employee who created                 maintained in the automated
                                                                                                                                                               Zone Off Alaska; Pacific Cod by Trawl
                                              the record electronically signs the                     recordkeeping system must be obtained
                                                                                                                                                               Catcher Vessels in the Central
                                              record.                                                 as required by § 228.9(c)(4);
                                                                                                                                                               Regulatory Area of the Gulf of Alaska
                                                 (4) Any amendment to a record is                        (2) An eligible smaller railroad must
                                              either:                                                 establish and comply with procedures                     AGENCY:  National Marine Fisheries
                                                 (i) Electronically stored apart from the             for providing an FRA inspector or                        Service (NMFS), National Oceanic and
                                              record that it amends; or                               participating State inspector with access                Atmospheric Administration (NOAA),
                                                 (ii) Electronically attached to the                  to the system upon request and must                      Commerce.
                                              record as information without changing                  provide access to the system as soon as                  ACTION: Temporary rule; closure.
                                              the original record.                                    possible but not later than 24 hours after
                                                 (5) Each amendment to a record                       a request for access;                                    SUMMARY:   NMFS is prohibiting directed
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                                              uniquely identifies the individual                         (3) Each data field entered by an                     fishing for Pacific cod by catcher vessels
                                              making the amendment.                                   employee on the input screen must be                     using trawl gear in the Central
                                                 (6) The automated system maintains                   visible to the FRA inspector or                          Regulatory Area of the Gulf of Alaska
                                              the records as originally submitted                     participating State inspector; and                       (GOA). This action is necessary to
                                              without corruption or loss of data.                        (4) The data fields must be searchable                prevent exceeding the annual allowance
                                              Beginning August 29, 2018, an eligible                  as described in paragraph (d) of this                    of the 2018 Pacific cod total allowable
                                              smaller railroad must retain back-up                    section and must yield access to all                     catch apportioned to trawl catcher


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                                              44000            Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations

                                              vessels in the Central Regulatory Area of                  In accordance with § 679.20(d)(1)(i),              requirement to provide prior notice and
                                              the GOA.                                                the Administrator, Alaska Region,                     opportunity for public comment
                                              DATES: Effective 1200 hours, Alaska                     NMFS (Regional Administrator) has                     pursuant to the authority set forth at 5
                                              local time (A.l.t.), September 1, 2018,                 determined that the annual allowance of               U.S.C. 553(b)(B) as such requirement is
                                              through 2400 hours, A.l.t., December 31,                the 2018 Pacific cod TAC apportioned                  impracticable and contrary to the public
                                              2018.                                                   to trawl catcher vessels in the Central               interest. This requirement is
                                                                                                      Regulatory Area of the GOA is necessary               impracticable and contrary to the public
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      to account for the incidental catch in                interest as it would prevent NMFS from
                                              Obren Davis, 907–586–7228.                              other anticipated fisheries. Therefore,               responding to the most recent fisheries
                                              SUPPLEMENTARY INFORMATION: NMFS                         the Regional Administrator is                         data in a timely fashion and would
                                              manages the groundfish fishery in the                   establishing a directed fishing                       delay the directed fishing closure of
                                              GOA exclusive economic zone                             allowance of 0 mt and is setting aside                Pacific cod by catcher vessels using
                                              according to the Fishery Management                     the remaining 2,275 mt as bycatch to                  trawl gear in the Central Regulatory
                                              Plan for Groundfish of the Gulf of                      support other anticipated groundfish                  Area of the GOA. NMFS was unable to
                                              Alaska (FMP) prepared by the North                      fisheries. In accordance with                         publish a notice providing time for
                                              Pacific Fishery Management Council                      § 679.20(d)(1)(iii), the Regional                     public comment because the most
                                              under authority of the Magnuson-                        Administrator finds that this directed                recent, relevant data only became
                                              Stevens Fishery Conservation and                        fishing allowance has been reached.                   available as of August 22, 2018.
                                              Management Act. Regulations governing                   Consequently, NMFS is prohibiting                        The AA also finds good cause to
                                              fishing by U.S. vessels in accordance                   directed fishing for Pacific cod by                   waive the 30-day delay in the effective
                                              with the FMP appear at subpart H of 50                  catcher vessels using trawl gear in the               date of this action under 5 U.S.C.
                                              CFR part 600 and 50 CFR part 679.                       Central Regulatory Area of the GOA.                   553(d)(3). This finding is based upon
                                              Regulations governing sideboard                         While this closure is effective the                   the reasons provided above for waiver of
                                              protections for GOA groundfish                          maximum retainable amounts at                         prior notice and opportunity for public
                                              fisheries appear at subpart B of 50 CFR                 § 679.20(e) and (f) apply at any time                 comment.
                                              part 680.                                               during a trip. This closure does not                     This action is required by § 679.20
                                                 The annual allowance of the 2018                     apply to fishing by vessels participating             and is exempt from review under
                                              Pacific cod total allowable catch (TAC)                 in the cooperative fishery of the                     Executive Order 12866.
                                              apportioned to trawl catcher vessels in                 Rockfish Program for the Central GOA.                   Authority: 16 U.S.C. 1801 et seq.
                                              the Central Regulatory Area of the GOA
                                              not participating in the cooperative                    Classification                                          Dated: August 24, 2018.
                                              fishery of the Rockfish Program is 2,275                   This action responds to the best                   Margo B. Schulze-Haugen,
                                              metric tons (mt), as established by the                 available information recently obtained               Acting Director, Office of Sustainable
                                              final 2018 and 2019 harvest                             from the fishery. The Assistant                       Fisheries, National Marine Fisheries Service.
                                              specifications for groundfish of the GOA                Administrator for Fisheries, NOAA                     [FR Doc. 2018–18727 Filed 8–28–18; 8:45 am]
                                              (83 FR 8768, March 1, 2018).                            (AA), finds good cause to waive the                   BILLING CODE 3510–22–P
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Document Created: 2018-08-29 00:13:02
Document Modified: 2018-08-29 00:13:02
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.), September 1, 2018, through 2400 hours, A.l.t., December 31, 2018.
ContactObren Davis, 907-586-7228.
FR Citation83 FR 43999 
RIN Number0648-XG39

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