83 FR 47099 - Fisheries of the Exclusive Economic Zone Off Alaska; “Other Flatfish” in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 181 (September 18, 2018)

NMFS is prohibiting retention of ``other flatfish'' in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2018 ``other flatfish'' initial total allowable catch (ITAC) in the BSAI has been reached.

[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Rules and Regulations]
[Pages 47099-47100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20249]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG491


Fisheries of the Exclusive Economic Zone Off Alaska; ``Other 
Flatfish'' in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting retention of ``other flatfish'' in the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary because the 2018 ``other flatfish'' initial total allowable 
catch (ITAC) in the BSAI has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 13, 
2018, through 2400 hrs, A.l.t., December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 ``other flatfish'' ITAC in the BSAI is 3,400 metric tons 
(mt) as established by the final 2018 and 2019 harvest specifications 
for groundfish in the BSAI (83 FR 8365, February 27, 2018). In 
accordance with Sec.  679.20(d)(2), the Administrator, Alaska Region, 
NMFS (Regional Administrator), has determined that the 2018 ``other 
flatfish'' ITAC in the Bering Sea subarea of the BSAI has been reached. 
Therefore, NMFS is requiring that ``other flatfish'' in the BSAI be 
treated as prohibited species in accordance with Sec.  679.21(b).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA

[[Page 47100]]

(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 retention of ``other flatfish'' in the BSAI. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as September 12, 
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 Sec.  679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: September 13, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20249 Filed 9-13-18; 4:15 pm]
 BILLING CODE 3510-22-P