83_FR_48746 83 FR 48559 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska

83 FR 48559 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 187 (September 26, 2018)

Page Range48559-48560
FR Document2018-20928

NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2018 total allowable catch of Pacific ocean perch in the Western Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48559-48560]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20928]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG502


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Western 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 ocean perch 
in the Western Regulatory Area of the Gulf of Alaska (GOA). This action 
is necessary to prevent exceeding the 2018 total allowable catch of 
Pacific ocean perch in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 21, 
2018, through 2400 hours, A.l.t., December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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.
    The 2018 total allowable catch (TAC) of Pacific ocean perch in the 
Western Regulatory Area of the GOA is 3,312 metric tons (mt) as 
established by the final 2018 and 2019 harvest specifications for 
groundfish of the Gulf of Alaska (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 2018 TAC 
of Pacific ocean perch in the Western Regulatory Area of the GOA will 
soon be reached. Therefore, the Regional Administrator is establishing 
a directed fishing allowance of 3,212 mt, and is setting aside 100 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 ocean 
perch in the Western 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.

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

[[Page 48560]]

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 
closure of directed fishing for Pacific ocean perch in the Western 
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 September 20, 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: September 21, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-20928 Filed 9-21-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                                          Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations                                           48559

                                             extend the compliance date for 45 CFR                   the finding and the reasons for this                  ACTION:   Temporary rule; closure.
                                             1302.90(b) to September 30, 2019.                       finding in the notice.
                                             However, until Head Start programs                         We find good cause to waive public                 SUMMARY:   NMFS is prohibiting directed
                                             have systems in place that fully comply                 comment under section 553(b) of the                   fishing for Pacific ocean perch in the
                                             with 45 CFR 1302.90(b), we require                      APA because it is unnecessary and                     Western Regulatory Area of the Gulf of
                                             them to continue to adhere to the                       contrary to the public interest to provide            Alaska (GOA). This action is necessary
                                             criminal record check requirements in                   for public comment in this instance.                  to prevent exceeding the 2018 total
                                             section 648A of the Head Start Act, as                  States, localities, and Head Start                    allowable catch of Pacific ocean perch
                                             amended by the Improving Head Start                     grantees will likely be subjected to                  in the Western Regulatory Area of the
                                             for School Readiness Act of 2007, Public                undue and unnecessary administrative                  GOA.
                                             Law 110–134.                                            burden as they expend time trying to                  DATES:  Effective 1200 hours, Alaska
                                                                                                     find ways to implement these standards                local time (A.l.t.), September 21, 2018,
                                             QRIS Requirement in the Final Rule
                                                                                                     without support from local and state                  through 2400 hours, A.l.t., December 31,
                                                We require programs that meet certain                law enforcement agencies and without                  2018.
                                             conditions, except for American Indian                  QRIS systems that can accommodate                     FOR FURTHER INFORMATION CONTACT:
                                             and Alaska Native programs, to                          Head Start programs. A period for                     Steve Whitney, 907–586–7228.
                                             participate in state or local QRIS, as                  public comment would only extend                      SUPPLEMENTARY INFORMATION: NMFS
                                             prescribed at 45 CFR 1302.53(b)(2) in                   programs’ concerns as they attempt to                 manages the groundfish fishery in the
                                             the final rule. A QRIS is a systemic                    meet these standards by the compliance                GOA exclusive economic zone
                                             approach to assess, improve, and                        dates. Head Start programs are still                  according to the Fishery Management
                                             communicate the level of quality in                     required to comply with statutory                     Plan for Groundfish of the Gulf of
                                             early and school-age care and education                 background check requirements in the                  Alaska (FMP) prepared by the North
                                             programs within a state or locality. It                 Improving Head Start for School                       Pacific Fishery Management Council
                                             awards quality ratings to programs that                 Readiness Act of 2007, Public Law 110–                under authority of the Magnuson-
                                             meet a set of criteria as defined by the                134, until they can develop systems that              Stevens Fishery Conservation and
                                             QRIS. Criteria Head Start programs must                 will enable them to conduct complete                  Management Act. Regulations governing
                                             meet to enter the QRIS and maintain                     background checks with fingerprints.                  fishing by U.S. vessels in accordance
                                             participation greatly vary by state. We                 Therefore, if we delay compliance dates,              with the FMP appear at subpart H of 50
                                             recognize many Head Start programs                      we will pose no harm or burden to                     CFR part 600 and 50 CFR part 679.
                                             were already participating in their state               programs or the public. Moreover,                        The 2018 total allowable catch (TAC)
                                             and local quality improvement efforts                   programs that already have systems in                 of Pacific ocean perch in the Western
                                             before we introduced this standard to                   place to meet background check                        Regulatory Area of the GOA is 3,312
                                             the final rule. Now that we have                        standards at 45 CFR 1302.90(b) and to                 metric tons (mt) as established by the
                                             included this standard in the final rule,               participate in their states’ QRIS at 45               final 2018 and 2019 harvest
                                             we understand programs have taken                       CFR 1302.53(b)(2) may voluntarily come                specifications for groundfish of the Gulf
                                             steps to participate in QRIS and that                   into compliance by the compliance date.               of Alaska (83 FR 8768, March 1, 2018).
                                             many states are assessing their QRIS                    However, programs that do not have                       In accordance with § 679.20(d)(1)(i),
                                             with new Head Start QRIS participation                  systems in place have until September                 the Administrator, Alaska Region,
                                             policies. However, programs and states                  30, 2019 to comply.                                   NMFS (Regional Administrator), has
                                             need additional time to align these                       Dated: September 14, 2018.                          determined that the 2018 TAC of Pacific
                                             systems. We want to minimize any                        Lynn A. Johnson,                                      ocean perch in the Western Regulatory
                                             unintentional burden on states that                     Assistant Secretary for Children and Families.        Area of the GOA will soon be reached.
                                             choose to adapt their systems to allow                                                                        Therefore, the Regional Administrator is
                                                                                                       Approved: September 20, 2018.
                                             Head Start programs to participate in                                                                         establishing a directed fishing
                                             QRIS, as well as alleviate programs’                    Alex M. Azar II,
                                                                                                                                                           allowance of 3,212 mt, and is setting
                                             concerns about meeting the current                      Secretary.
                                                                                                                                                           aside 100 mt as bycatch to support other
                                             compliance date. To avoid duplication                   [FR Doc. 2018–20848 Filed 9–25–18; 8:45 am]
                                                                                                                                                           anticipated groundfish fisheries. In
                                             efforts between Head Start and QRIS                     BILLING CODE 4184–40–P
                                                                                                                                                           accordance with § 679.20(d)(1)(iii), the
                                             monitoring systems as well as eliminate                                                                       Regional Administrator finds that this
                                             undue burden on Head Start programs                                                                           directed fishing allowance has been
                                             and states as they work to align these                  DEPARTMENT OF COMMERCE                                reached. Consequently, NMFS is
                                             systems, we will delay the compliance                                                                         prohibiting directed fishing for Pacific
                                             date for this standard for another year.                National Oceanic and Atmospheric                      ocean perch in the Western Regulatory
                                                                                                     Administration                                        Area of the GOA.
                                             Conclusion
                                                                                                                                                              While this closure is effective the
                                               We ordinarily publish a notice of                     50 CFR Part 679                                       maximum retainable amounts at
                                             proposed rulemaking in the Federal                      [Docket No. 170816769–8162–02]                        § 679.20(e) and (f) apply at any time
                                             Register to provide a period for public                                                                       during a trip.
                                             comment before the provisions of a rule                 RIN 0648–XG502
                                             take effect in accordance with section                                                                        Classification
                                                                                                     Fisheries of the Exclusive Economic
                                             553(b) of the Administrative Procedure                  Zone Off Alaska; Pacific Ocean Perch                     This action responds to the best
                                             Act (APA) (5 U.S.C. 553(b)). However,                                                                         available information recently obtained
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     in the Western Regulatory Area of the
                                             we can waive this notice and comment                    Gulf of Alaska                                        from the fishery. The Assistant
                                             procedure if the Secretary finds, for                                                                         Administrator for Fisheries, NOAA
                                             good cause, that the notice and                         AGENCY:  National Marine Fisheries                    (AA), finds good cause to waive the
                                             comment process is impracticable,                       Service (NMFS), National Oceanic and                  requirement to provide prior notice and
                                             unnecessary, or contrary to the public                  Atmospheric Administration (NOAA),                    opportunity for public comment
                                             interest, and incorporates a statement of               Commerce.                                             pursuant to the authority set forth at 5


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                                             48560        Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations

                                             U.S.C. 553(b)(B) as such requirement is                 GOA exclusive economic zone                           the reasons provided above for waiver of
                                             impracticable and contrary to the public                according to the Fishery Management                   prior notice and opportunity for public
                                             interest. This requirement is                           Plan for Groundfish of the Gulf of                    comment.
                                             impracticable and contrary to the public                Alaska (FMP) prepared by the North                      This action is required by § 679.20
                                             interest as it would prevent NMFS from                  Pacific Fishery Management Council                    and is exempt from review under
                                             responding to the most recent fisheries                 under authority of the Magnuson-                      Executive Order 12866.
                                             data in a timely fashion and would                      Stevens Fishery Conservation and                        Authority: 16 U.S.C. 1801 et seq.
                                             delay the closure of directed fishing for               Management Act. Regulations governing
                                             Pacific ocean perch in the Western                      fishing by U.S. vessels in accordance                   Dated: September 21, 2018.
                                             Regulatory Area of the GOA. NMFS was                    with the FMP appear at subpart H of 50                Margo B. Schulze-Haugen,
                                             unable to publish a notice providing                    CFR part 600 and 50 CFR part 679.                     Acting Director, Office of Sustainable
                                             time for public comment because the                        The 2018 total allowable catch (TAC)               Fisheries, National Marine Fisheries Service.
                                             most recent, relevant data only became                  of dusky rockfish in the Western                      [FR Doc. 2018–20955 Filed 9–21–18; 4:15 pm]
                                             available as of September 20, 2018.                     Regulatory Area of the GOA is 146                     BILLING CODE 3510–22–P
                                               The AA also finds good cause to                       metric tons (mt) as established by the
                                             waive the 30-day delay in the effective                 final 2018 and 2019 harvest
                                             date of this action under 5 U.S.C.                      specifications for groundfish of the (83              DEPARTMENT OF COMMERCE
                                             553(d)(3). This finding is based upon                   FR 8768, March 1, 2018).
                                             the reasons provided above for waiver of                   In accordance with § 679.20(d)(1)(i),              National Oceanic and Atmospheric
                                             prior notice and opportunity for public                 the Administrator, Alaska Region,                     Administration
                                             comment.                                                NMFS (Regional Administrator), has
                                               This action is required by § 679.20                   determined that the 2018 TAC of dusky                 50 CFR Part 679
                                             and is exempt from review under                         rockfish in the Western Regulatory Area               [Docket No. 170816769–8162–02]
                                             Executive Order 12866.                                  of the GOA will soon be reached.
                                                                                                     Therefore, the Regional Administrator is              RIN 0648–XG504
                                                Authority: 16 U.S.C. 1801 et seq.
                                                                                                     establishing a directed fishing
                                               Dated: September 21, 2018.
                                                                                                     allowance of 100 mt, and is setting aside             Fisheries of the Exclusive Economic
                                             Alan D. Risenhoover,                                    the remaining 46 mt as bycatch to                     Zone Off Alaska; Northern Rockfish in
                                             Director, Office of Sustainable Fisheries,              support other anticipated groundfish                  the Western Regulatory Area of the
                                             National Marine Fisheries Service.                      fisheries. In accordance with                         Gulf of Alaska
                                             [FR Doc. 2018–20928 Filed 9–21–18; 4:15 pm]             § 679.20(d)(1)(iii), the Regional                     AGENCY:  National Marine Fisheries
                                             BILLING CODE 3510–22–P                                  Administrator finds that this directed                Service (NMFS), National Oceanic and
                                                                                                     fishing allowance has been reached.                   Atmospheric Administration (NOAA),
                                                                                                     Consequently, NMFS is prohibiting                     Commerce.
                                             DEPARTMENT OF COMMERCE                                  directed fishing for dusky rockfish in                ACTION: Temporary rule; closure.
                                                                                                     the Western Regulatory Area of the
                                             National Oceanic and Atmospheric
                                             Administration                                          GOA.                                                  SUMMARY:   NMFS is prohibiting directed
                                                                                                        While this closure is in effect the                fishing for northern rockfish in the
                                                                                                     maximum retainable amounts at                         Western Regulatory Area of the Gulf of
                                             50 CFR Part 679
                                                                                                     § 679.20(e) and (f) apply at any time                 Alaska (GOA). This action is necessary
                                             [Docket No. 170816769–8162–02]                          during a trip.                                        to prevent exceeding the 2018 total
                                             RIN 0648–XG505                                          Classification                                        allowable catch of northern rockfish in
                                                                                                                                                           the Western Regulatory Area of the
                                             Fisheries of the Exclusive Economic                        This action responds to the best                   GOA.
                                             Zone Off Alaska; Dusky Rockfish in the                  available information recently obtained
                                                                                                     from the fishery. The Assistant                       DATES:  Effective 1200 hours, Alaska
                                             Western Regulatory Area of the Gulf of                                                                        local time (A.l.t.), September 21, 2018,
                                             Alaska                                                  Administrator for Fisheries, NOAA
                                                                                                     (AA), finds good cause to waive the                   through 2400 hours, A.l.t., December 31,
                                             AGENCY:  National Marine Fisheries                      requirement to provide prior notice and               2018.
                                             Service (NMFS), National Oceanic and                    opportunity for public comment                        FOR FURTHER INFORMATION CONTACT:
                                             Atmospheric Administration (NOAA),                      pursuant to the authority set forth at 5              Steve Whitney, 907–586–7228.
                                             Commerce.                                               U.S.C. 553(b)(B) as such requirement is               SUPPLEMENTARY INFORMATION: NMFS
                                             ACTION: Temporary rule; closure.                        impracticable and contrary to the public              manages the groundfish fishery in the
                                                                                                     interest. This requirement is                         GOA exclusive economic zone
                                             SUMMARY:   NMFS is prohibiting directed                 impracticable and contrary to the public              according to the Fishery Management
                                             fishing for dusky rockfish in the                       interest as it would prevent NMFS from                Plan for Groundfish of the Gulf of
                                             Western Regulatory Area of the Gulf of                  responding to the most recent fisheries               Alaska (FMP) prepared by the North
                                             Alaska (GOA). This action is necessary                  data in a timely fashion and would                    Pacific Fishery Management Council
                                             to prevent exceeding the 2018 total                     delay the closure of directed fishing for             under authority of the Magnuson-
                                             allowable catch of dusky rockfish in the                dusky rockfish in the Western                         Stevens Fishery Conservation and
                                             Western Regulatory Area of the GOA.                     Regulatory Area of the GOA. NMFS was                  Management Act. Regulations governing
                                             DATES: Effective 1200 hours, Alaska                     unable to publish a notice providing                  fishing by U.S. vessels in accordance
                                             local time (A.l.t.), September 21, 2018,
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     time for public comment because the                   with the FMP appear at subpart H of 50
                                             through 2400 hours, A.l.t., December 31,                most recent, relevant data only became                CFR part 600 and 50 CFR part 679.
                                             2018.                                                   available as of September 21, 2018.                      The 2018 total allowable catch (TAC)
                                             FOR FURTHER INFORMATION CONTACT:                           The AA also finds good cause to                    of northern rockfish in the Western
                                             Steve Whitney, 907–586–7228.                            waive the 30-day delay in the effective               Regulatory Area of the GOA is 420
                                             SUPPLEMENTARY INFORMATION: NMFS                         date of this action under 5 U.S.C.                    metric tons (mt) as established by the
                                             manages the groundfish fishery in the                   553(d)(3). This finding is based upon                 final 2018 and 2019 harvest


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Document Created: 2018-09-26 00:46:31
Document Modified: 2018-09-26 00:46:31
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 21, 2018, through 2400 hours, A.l.t., December 31, 2018.
ContactSteve Whitney, 907-586-7228.
FR Citation83 FR 48559 
RIN Number0648-XG50

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