83_FR_5077 83 FR 5053 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska

83 FR 5053 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 24 (February 5, 2018)

Page Range5053-5054
FR Document2018-02248

NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits, and operating as catcher vessels (CVs) using pot gear, in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2018 Pacific cod sideboard limit established for non-AFA crab vessels that are operating as CVs using pot gear in the Western Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 24 (Monday, February 5, 2018)
[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Rules and Regulations]
[Pages 5053-5054]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02248]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160920866-7167-02]
RIN 0648-XF941


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Non-American Fisheries Act Crab Vessels Operating as Catcher Vessels 
Using Pot Gear 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 cod by non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard 
limits, and operating as catcher vessels (CVs) using pot gear, in the 
Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the A season allowance of the 2018 
Pacific cod sideboard limit established for non-AFA crab vessels that 
are operating as

[[Page 5054]]

CVs using pot gear in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 1, 
2018, through 1200 hours, A.l.t., June 10, 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 A season allowance of the 2018 Pacific cod sideboard limit 
established for non-AFA crab vessels, and that are operating as CVs 
using pot gear in the Western Regulatory Area of the GOA, is 338 metric 
tons (mt), as established by the final 2017 and 2018 harvest 
specifications for groundfish of the GOA (82 FR 12032, February 27, 
2017) and one inseason adjustment (82 FR 60327, December 20, 2017).
    In accordance with Sec.  680.22(e)(2)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the A season 
allowance of the 2018 Pacific cod sideboard limit established for non-
AFA crab vessels that are operating as CVs using pot gear in the 
Western Regulatory Area of the GOA will soon be reached. Therefore, the 
Regional Administrator is establishing a sideboard directed fishing 
allowance of 328 mt, and is setting aside the remaining 10 mt as 
bycatch to support other anticipated groundfish fisheries. In 
accordance with Sec.  680.22(e)(3), the Regional Administrator finds 
that this sideboard directed fishing allowance has been reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
non-AFA crab vessels that are operating as CVs using pot gear in the 
Western Regulatory Area of the GOA.
    After the effective date of this closure 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 sideboard directed fishing closure of Pacific cod for 
non-AFA crab vessels that are subject to sideboard limits, and that are 
operating as CVs using pot gear 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 January 30, 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.  680.22 and is exempt from review 
under Executive Order 12866.

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

    Dated: January 31, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-02248 Filed 1-31-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                        Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations                                                                     5053

                                                    TABLE 5—FINAL 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
                                                                             DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
                                                                                                                                         [Amounts are in metric tons]

                                                                                                                                                                                                2018 A season 1                 2018
                                                                                                                                                                           2018                                              B season 1
                                                                                            Area and sector                                                             Allocations       A season DFA       SCA harvest
                                                                                                                                                                                                               limit 2      B season DFA

                                              ICA ...................................................................................................................            2,400              1,200             n/a          1,200
                                              Aleut Corporation .............................................................................................                    2,500              2,500             n/a              0
                                              Area harvest limit 7 ...........................................................................................                      n/a                n/a            n/a            n/a
                                                  541 ............................................................................................................              12,236                 n/a            n/a            n/a
                                                  542 ............................................................................................................               6,118                 n/a            n/a            n/a
                                                  543 ............................................................................................................               2,039                 n/a            n/a            n/a
                                              Bogoslof District ICA 8 ......................................................................................                       450                 n/a            n/a            n/a
                                                 1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is al-
                                              located as a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the
                                              Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B
                                              season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian Islands pollock TAC, after subtracting first
                                              for the CDQ directed fishing allowance (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed
                                              fishery. In the Aleutian Islands subarea, the A season is allocated up to 40 percent of the ABC and the B season is allocated the remainder of
                                              the pollock directed fishery.
                                                 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
                                              SCA before noon, April 1.
                                                 3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
                                              only by eligible catcher vessels delivering to listed catcher/processors.
                                                 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
                                              processors sector’s allocation of pollock.
                                                 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
                                              pollock DFAs.
                                                 6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
                                              pollock DFAs.
                                                 7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
                                              Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
                                                 8 Pursuant to § 679.22(a)(7)(i)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for ICA only and are
                                              not apportioned by season or sector.
                                                 Note: Seasonal or sector apportionments may not total precisely due to rounding.


                                              Classification                                                               only became available as of January 26,                          DEPARTMENT OF COMMERCE
                                                 This action responds to the best                                          2018.
                                                                                                                                                                                            National Oceanic and Atmospheric
                                              available information recently obtained                                        The AA also finds good cause to
                                                                                                                                                                                            Administration
                                              from the fishery. The Assistant                                              waive the 30-day delay in the effective
                                              Administrator for Fisheries, NOAA                                            date of this action under 5 U.S.C.
                                                                                                                                                                                            50 CFR Part 679
                                              (AA), finds good cause to waive the                                          553(d)(3). This finding is based upon
                                              requirement to provide prior notice and                                      the reasons provided above for waiver of                         [Docket No. 160920866–7167–02]
                                              opportunity for public comment                                               prior notice and opportunity for public
                                              pursuant to the authority set forth at 5                                                                                                      RIN 0648–XF941
                                                                                                                           comment.
                                              U.S.C. 553(b)(B) as such requirement is
                                                                                                                             This action is required by § 679.20                            Fisheries of the Exclusive Economic
                                              impracticable and contrary to the public
                                                                                                                           and is exempt from review under                                  Zone Off Alaska; Pacific Cod by Non-
                                              interest. This requirement is
                                                                                                                           Executive Order 12866.                                           American Fisheries Act Crab Vessels
                                              impracticable and contrary to the public
                                                                                                                                                                                            Operating as Catcher Vessels Using
                                              interest as it would prevent NMFS from                                          Authority: 16 U.S.C. 1801 et seq.
                                                                                                                                                                                            Pot Gear in the Western Regulatory
                                              responding to the most recent fisheries                                        Dated: January 31, 2018.                                       Area of the Gulf of Alaska
                                              data in a timely fashion and would
                                                                                                                           Emily H. Menashes,
                                              delay the reallocation of AI pollock.                                                                                                         AGENCY:  National Marine Fisheries
                                              Since the pollock fishery opened                                             Acting Director, Office of Sustainable                           Service (NMFS), National Oceanic and
                                              January 20, 2018, it is important to                                         Fisheries, National Marine Fisheries Service.                    Atmospheric Administration (NOAA),
                                              immediately inform the industry as to                                        [FR Doc. 2018–02235 Filed 2–2–18; 8:45 am]                       Commerce.
                                              the final Bering Sea subarea pollock                                         BILLING CODE 3510–22–P                                           ACTION: Temporary rule; closure.
                                              allocations. Immediate notification is
                                              necessary to allow for the orderly                                                                                                            SUMMARY:   NMFS is prohibiting directed
                                              conduct and efficient operation of this                                                                                                       fishing for Pacific cod by non-American
                                              fishery; allow the industry to plan for                                                                                                       Fisheries Act (AFA) crab vessels that are
                                              the fishing season and avoid potential                                                                                                        subject to sideboard limits, and
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                                              disruption to the fishing fleet as well as                                                                                                    operating as catcher vessels (CVs) using
                                              processors; and provide opportunity to                                                                                                        pot gear, in the Western Regulatory Area
                                              harvest increased seasonal pollock                                                                                                            of the Gulf of Alaska (GOA). This action
                                              allocations while value is optimum.                                                                                                           is necessary to prevent exceeding the A
                                              NMFS was unable to publish a notice                                                                                                           season allowance of the 2018 Pacific
                                              providing time for public comment                                                                                                             cod sideboard limit established for non-
                                              because the most recent, relevant data                                                                                                        AFA crab vessels that are operating as


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                                              5054              Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Rules and Regulations

                                              CVs using pot gear in the Western                          In accordance with § 680.22(e)(2)(i),              pursuant to the authority set forth at 5
                                              Regulatory Area of the GOA.                             the Administrator, Alaska Region,                     U.S.C. 553(b)(B) as such requirement is
                                              DATES: Effective 1200 hours, Alaska                     NMFS (Regional Administrator) has                     impracticable and contrary to the public
                                              local time (A.l.t.), February 1, 2018,                  determined that the A season allowance                interest. This requirement is
                                              through 1200 hours, A.l.t., June 10,                    of the 2018 Pacific cod sideboard limit               impracticable and contrary to the public
                                              2018.                                                   established for non-AFA crab vessels                  interest as it would prevent NMFS from
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      that are operating as CVs using pot gear              responding to the most recent fisheries
                                              Obren Davis, 907–586–7228.                              in the Western Regulatory Area of the                 data in a timely fashion and would
                                                                                                      GOA will soon be reached. Therefore,                  delay the sideboard directed fishing
                                              SUPPLEMENTARY INFORMATION: NMFS
                                                                                                      the Regional Administrator is                         closure of Pacific cod for non-AFA crab
                                              manages the groundfish fishery in the
                                                                                                      establishing a sideboard directed fishing             vessels that are subject to sideboard
                                              GOA exclusive economic zone
                                                                                                      allowance of 328 mt, and is setting aside             limits, and that are operating as CVs
                                              according to the Fishery Management
                                                                                                      the remaining 10 mt as bycatch to                     using pot gear in the Western 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
                                              under authority of the Magnuson-                        § 680.22(e)(3), the Regional                          public comment because the most
                                              Stevens Fishery Conservation and                        Administrator finds that this sideboard               recent, relevant data only became
                                              Management Act. Regulations governing                   directed fishing allowance has been                   available as of January 30, 2018.
                                              fishing by U.S. vessels in accordance                   reached. Consequently, NMFS is                          The AA also finds good cause to
                                              with the FMP appear at subpart H of 50                  prohibiting directed fishing for Pacific              waive the 30-day delay in the effective
                                              CFR part 600 and 50 CFR part 679.                       cod by non-AFA crab vessels that are                  date of this action under 5 U.S.C.
                                              Regulations governing sideboard                         operating as CVs using pot gear in the                553(d)(3). This finding is based upon
                                              protections for GOA groundfish                          Western Regulatory Area of the GOA.                   the reasons provided above for waiver of
                                              fisheries appear at subpart B of 50 CFR                    After the effective date of this closure           prior notice and opportunity for public
                                              part 680.                                               the maximum retainable amounts at                     comment.
                                                 The A season allowance of the 2018                   § 679.20(e) and (f) apply at any time                   This action is required by § 680.22
                                              Pacific cod sideboard limit established                 during a trip.                                        and is exempt from review under
                                              for non-AFA crab vessels, and that are                  Classification                                        Executive Order 12866.
                                              operating as CVs using pot gear in the                                                                          Authority: 16 U.S.C. 1801 et seq.
                                              Western Regulatory Area of the GOA, is                     This action responds to the best
                                              338 metric tons (mt), as established by                 available information recently obtained                 Dated: January 31, 2018.
                                              the final 2017 and 2018 harvest                         from the fishery. The Assistant                       Emily H. Menashes,
                                              specifications for groundfish of the GOA                Administrator for Fisheries, NOAA                     Acting Director, Office of Sustainable
                                              (82 FR 12032, February 27, 2017) and                    (AA), finds good cause to waive the                   Fisheries, National Marine Fisheries Service.
                                              one inseason adjustment (82 FR 60327,                   requirement to provide prior notice and               [FR Doc. 2018–02248 Filed 1–31–18; 4:15 pm]
                                              December 20, 2017).                                     opportunity for public comment                        BILLING CODE 3510–22–P
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Document Created: 2018-02-03 01:24:43
Document Modified: 2018-02-03 01:24:43
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.), February 1, 2018, through 1200 hours, A.l.t., June 10, 2018.
ContactObren Davis, 907-586-7228.
FR Citation83 FR 5053 
RIN Number0648-XF94

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