83_FR_48030 83 FR 47846 - Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area

83 FR 47846 - Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47846-47847
FR Document2018-20625

NMFS is prohibiting directed fishing for northern rockfish in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2018 northern rockfish initial total allowable catch (ITAC) specified for the BSAI.

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47846-47847]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20625]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG492


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish 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 directed fishing for northern rockfish in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the 2018 northern rockfish initial 
total allowable catch (ITAC) specified for the BSAI.

DATES: Effective 1200 hrs., Alaska local time (A.l.t.), September 18, 
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 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 part 600 and 50 CFR part 679.
    The 2018 northern rockfish ITAC specified for the BSAI is 5,185 
metric tons 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)(1)(i), the Administrator, Alaska 
Region, NMFS, (Regional Administrator) has determined that the 2018 
northern rockfish ITAC in the BSAI will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
5,000 mt, and is setting aside the remaining 185 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 northern rockfish in the BSAI.
    While this closure is in effect the maximum retainable amounts at 
Sec.  679.20(e) and (f) apply at any time during a trip.

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 fishery closure of northern rockfish 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 
of September 14, 2018.

[[Page 47847]]

    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: September 18, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20625 Filed 9-18-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                             47846            Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

                                             FOR FURTHER INFORMATION CONTACT:                         fishing year may reduce fishing effort,              SUPPLEMENTARY INFORMATION:      NMFS
                                             Cynthia Hanson, Fishery Management                       and could also prevent the annual quota              manages the groundfish fishery in the
                                             Specialist, (978) 281–9180; or                           from being fully harvested. This would               BSAI exclusive economic zone
                                             Cynthia.Hanson@noaa.gov.                                 conflict with the agency’s legal                     according to the Fishery Management
                                             SUPPLEMENTARY INFORMATION: NMFS                          obligation under the Magnuson-Stevens                Plan for Groundfish of the Bering Sea
                                             published a final rule for Framework                     Fishery Conservation and Management                  and Aleutian Islands Management Area
                                             Adjustment 3 to the Summer Flounder,                     Act to achieve the optimum yield from                (FMP) prepared by the North Pacific
                                             Scup, and Black Sea Bass Fishery                         a fishery on a continuing basis, resulting           Fishery Management Council under
                                             Management Plan in the Federal                           in a negative economic impact on                     authority of the Magnuson-Stevens
                                             Register on November 3, 2003 (68 FR                      vessels permitted to fish in this fishery.           Fishery Conservation and Management
                                             62250), implementing a process to roll                   Moreover, the rollover process being                 Act. Regulations governing fishing by
                                             over unused Winter I commercial scup                     applied here was the subject of notice               U.S. vessels in accordance with the FMP
                                             quota (January 1 through April 30) to be                 and comment rulemaking, and the range                appear at subpart H of 50 CFR part 600
                                             added to the Winter II period quota                      of potential trip limit changes were                 and 50 CFR part 679.
                                             (October 1 through December 31).1 The                    outlined in the final 2018 scup
                                                                                                                                                              The 2018 northern rockfish ITAC
                                             framework also allows adjustment of the                  specifications that were published
                                                                                                                                                           specified for the BSAI is 5,185 metric
                                             commercial possession limit for the                      December 22, 2017; which were
                                                                                                      developed through public notice and                  tons as established by the final 2018 and
                                             Winter II period dependent on the                                                                             2019 harvest specifications for
                                             amount of quota rolled over from the                     comment. Based on these
                                                                                                      considerations, NMFS further finds,                  groundfish in the BSAI (83 FR 8365,
                                             Winter I period.                                                                                              February 27, 2018).
                                                For 2018, the initial Winter II quota is              pursuant to 5 U.S.C. 553(d)(3), good
                                             3,822,816 lb (1,734 mt). The best                        cause to waive the 30-day delayed                       In accordance with § 679.20(d)(1)(i),
                                             available landings information indicates                 effectiveness period for the reasons                 the Administrator, Alaska Region,
                                             that 5,943,861 lb (2,696 mt) remain of                   stated above.                                        NMFS, (Regional Administrator) has
                                             the 10,820,000-lb (4,908-mt) Winter I                      Authority: 16 U.S.C. 1801 et seq.                  determined that the 2018 northern
                                             quota. Consistent with Framework 3, the                                                                       rockfish ITAC in the BSAI will soon be
                                                                                                        Dated: September 18, 2018.                         reached. Therefore, the Regional
                                             full amount of unused 2018 Winter I                      Margo B. Schulze-Haugen,
                                             quota is being transferred to Winter II,                                                                      Administrator is establishing a directed
                                                                                                      Acting Director, Office of Sustainable               fishing allowance of 5,000 mt, and is
                                             resulting in a revised 2018 Winter II                    Fisheries, National Marine Fisheries Service.
                                             quota of 9,766,677 lb (4,430 mt).                                                                             setting aside the remaining 185 mt as
                                                                                                      [FR Doc. 2018–20624 Filed 9–20–18; 8:45 am]          bycatch to support other anticipated
                                             Because the amount transferred is
                                             between 5.5 and 6.0 million lb (2,495 to
                                                                                                      BILLING CODE 3510–22–P                               groundfish fisheries. In accordance with
                                             2,722 mt), the Federal per trip                                                                               § 679.20(d)(1)(iii), the Regional
                                             possession limit will increase from                                                                           Administrator finds that this directed
                                                                                                      DEPARTMENT OF COMMERCE                               fishing allowance has been reached.
                                             12,000 lb (5.4 mt) to 28,500 lb (13 mt),
                                             as outlined in the final rule that                                                                            Consequently, NMFS is prohibiting
                                                                                                      National Oceanic and Atmospheric
                                             established the possession limit and                                                                          directed fishing for northern rockfish in
                                                                                                      Administration
                                             quota rollover procedures for this year,                                                                      the BSAI.
                                             published on December 22, 2017 (82 FR                    50 CFR Part 679                                         While this closure is in effect the
                                             60682).                                                                                                       maximum retainable amounts at
                                                                                                      [Docket No. 170817779–8161–02]
                                                                                                                                                           § 679.20(e) and (f) apply at any time
                                             Classification                                           RIN 0648–XG492                                       during a trip.
                                                This action is required by 50 CFR part
                                             648 and is exempt from review under                      Fisheries of the Exclusive Economic                  Classification
                                             Executive Order 12866.                                   Zone Off Alaska; Northern Rockfish in
                                                                                                                                                              This action responds to the best
                                                The Assistant Administrator for                       the Bering Sea and Aleutian Islands
                                                                                                                                                           available information recently obtained
                                             Fisheries, NOAA, finds good cause                        Management Area
                                                                                                                                                           from the fishery. The Assistant
                                             under 5 U.S.C. 553(b)(B) to waive prior                  AGENCY:  National Marine Fisheries                   Administrator for Fisheries, NOAA
                                             notice and the opportunity for public                    Service (NMFS), National Oceanic and                 (AA), finds good cause to waive the
                                             comment on this in-season adjustment                     Atmospheric Administration (NOAA),                   requirement to provide prior notice and
                                             because it would be contrary to the                      Commerce.                                            opportunity for public comment
                                             public interest. This action transfers                                                                        pursuant to the authority set forth at 5
                                                                                                      ACTION: Temporary rule; closure.
                                             unused quota from Winter I Period to                                                                          U.S.C. 553(b)(B) as such requirement is
                                             the remaining Winter II Period to make                   SUMMARY:   NMFS is prohibiting directed              impracticable and contrary to the public
                                             it accessible to the commercial scup                     fishing for northern rockfish in the                 interest. This requirement is
                                             fishery. If implementation of this in-                   Bering Sea and Aleutian Islands                      impracticable and contrary to the public
                                             season action is delayed to solicit prior                management area (BSAI). This action is               interest as it would prevent NMFS from
                                             public comment, the objective of the                     necessary to prevent exceeding the 2018              responding to the most recent fisheries
                                             fishery management plan to achieve the                   northern rockfish initial total allowable            data in a timely fashion and would
                                             optimum yield from the fishery could be                  catch (ITAC) specified for the BSAI.                 delay the directed fishery closure of
                                             compromised. Deteriorating weather                       DATES: Effective 1200 hrs., Alaska local             northern rockfish in the BSAI. NMFS
                                             conditions during the latter part of the                 time (A.l.t.), September 18, 2018,
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                                                                                                                                                           was unable to publish a notice
                                                                                                      through 2400 hrs., A.l.t., December 31,              providing time for public comment
                                               1 Effective May 21, 2018, the Winter II period start
                                                                                                      2018.                                                because the most recent, relevant data
                                             date was changed from November 1 to October 1
                                             as a part of Framework Adjustment 12 (83 FR              FOR FURTHER INFORMATION CONTACT:                     only became available as of September
                                             17314; April 19, 2018).                                  Steve Whitney, 907–586–7228.                         14, 2018.




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                                                              Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                            47847

                                               The AA also finds good cause to                       prior notice and opportunity for public                 Dated: September 18, 2018.
                                             waive the 30-day delay in the effective                 comment.                                              Margo B. Schulze-Haugen,
                                             date of this action under 5 U.S.C.                        This action is required by § 679.20                 Acting Director, Office of Sustainable
                                             553(d)(3). This finding is based upon                   and is exempt from review under                       Fisheries, National Marine Fisheries Service.
                                             the reasons provided above for waiver of                Executive Order 12866.                                [FR Doc. 2018–20625 Filed 9–18–18; 4:15 pm]
                                                                                                       Authority: 16 U.S.C. 1801 et seq.                   BILLING CODE 3510–22–P
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Document Created: 2018-09-21 00:23:49
Document Modified: 2018-09-21 00:23:49
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 hrs., Alaska local time (A.l.t.), September 18, 2018, through 2400 hrs., A.l.t., December 31, 2018.
ContactSteve Whitney, 907-586-7228.
FR Citation83 FR 47846 
RIN Number0648-XG49

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