83_FR_5239 83 FR 5214 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska

83 FR 5214 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by 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 25 (February 6, 2018)

Page Range5214-5214
FR Document2018-02304

NMFS is prohibiting directed fishing for Pacific cod by vessels 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 total allowable catch apportioned to vessels using pot gear in the Western Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 25 (Tuesday, February 6, 2018) 
[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Rules and Regulations]
[Page 5214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160920866-7167-02]
RIN 0648-XF905


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by 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 
vessels 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 total allowable catch 
apportioned to vessels 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: Josh Keaton, 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 total allowable 
catch (TAC) apportioned to vessels using pot gear in the Western 
Regulatory Area of the GOA is 1,092 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 inseason adjustment (82 FR 
60327, December 20, 2017).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the A season 
allowance of the 2018 Pacific cod TAC apportioned to vessels using pot 
gear in the Western Regulatory Area of the GOA will soon be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 1,082 mt and is setting aside the remaining 10 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 
vessels 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 directed fishing closure of Pacific cod by vessels 
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 31, 
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: February 1, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-02304 Filed 2-1-18; 4:15 pm]
 BILLING CODE 3510-22-P

5214 Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations overfishing and kept the stock from DEPARTMENT OF COMMERCE NMFS (Regional Administrator) has becoming overfished. determined that the A season allowance National Oceanic and Atmospheric of the 2018 Pacific cod TAC This final rule maintains status quo Administration apportioned to vessels using pot gear in quotas and the minimum surfclam size is suspended for 2018. the Western Regulatory Area of the GOA 50 CFR Part 679 will soon be reached. Therefore, the Changes From Proposed to Final Rule [Docket No. 160920866–7167–02] Regional Administrator is establishing a directed fishing allowance of 1,082 mt There are no changes from the RIN 0648–XF905 and is setting aside the remaining 10 mt proposed to final rule. as bycatch to support other anticipated Fisheries of the Exclusive Economic groundfish fisheries. In accordance with Classification Zone Off Alaska; Pacific Cod by § 679.20(d)(1)(iii), the Regional Vessels Using Pot Gear in the Western Administrator finds that this directed Pursuant to section 304(b)(1)(A) of the Regulatory Area of the Gulf of Alaska fishing allowance has been reached. Magnuson-Stevens Act, the Assistant Administrator for Fisheries, NOAA, has AGENCY: National Marine Fisheries Consequently, NMFS is prohibiting determined that this rule is consistent Service (NMFS), National Oceanic and directed fishing for Pacific cod by with the Atlantic Surfclam and Ocean Atmospheric Administration (NOAA), vessels using pot gear in the Western Quahog FMP, other provisions of the Commerce. Regulatory Area of the GOA. After the Magnuson-Stevens Act, and other ACTION: Temporary rule; closure. effective date of this closure the applicable law. maximum retainable amounts at SUMMARY: NMFS is prohibiting directed § 679.20(e) and (f) apply at any time This action does not introduce any fishing for Pacific cod by vessels using during a trip. new reporting, recordkeeping, or other pot gear in the Western Regulatory Area compliance requirements. This rule Classification of the Gulf of Alaska (GOA). This action does not duplicate, overlap, or conflict is necessary to prevent exceeding the A This action responds to the best with other Federal rules. season allowance of the 2018 Pacific available information recently obtained This rule is exempt from the cod total allowable catch apportioned to from the fishery. The Assistant requirements of E.O. 12866. vessels using pot gear in the Western Administrator for Fisheries, NOAA Regulatory Area of the GOA. (AA), finds good cause to waive the This rule is not expected to be an E.O. requirement to provide prior notice and 13771 regulatory action because this DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 1, 2018, opportunity for public comment rule is not significant under E.O. 12866. pursuant to the authority set forth at 5 through 1200 hours, A.l.t., June 10, The Chief Counsel for Regulation of 2018. U.S.C. 553(b)(B) as such requirement is the Department of Commerce certified impracticable and contrary to the public to the Chief Counsel for Advocacy of the FOR FURTHER INFORMATION CONTACT: Josh interest. This requirement is Small Business Administration during Keaton, 907–586–7228. impracticable and contrary to the public the proposed rule stage that this action SUPPLEMENTARY INFORMATION: NMFS interest as it would prevent NMFS from would not have a significant economic manages the groundfish fishery in the responding to the most recent fisheries impact on a substantial number of small GOA exclusive economic zone data in a timely fashion and would entities. The factual basis for this according to the Fishery Management delay the directed fishing closure of certification was published in the Plan for Groundfish of the Gulf of Pacific cod by vessels using pot gear in proposed rule and is not repeated here. Alaska (FMP) prepared by the North the Western Regulatory Area of the Pacific Fishery Management Council GOA. NMFS was unable to publish a No comments were received regarding under authority of the Magnuson- notice providing time for public this certification. As a result, a Stevens Fishery Conservation and comment because the most recent, regulatory flexibility analysis was not Management Act. Regulations governing relevant data only became available as required and none was prepared. fishing by U.S. vessels in accordance of January 31, 2018. Authority: 16 U.S.C. 1801 et seq. with the FMP appear at subpart H of 50 The AA also finds good cause to Dated: February 1, 2018. CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective Regulations governing sideboard date of this action under 5 U.S.C. Samuel D. Rauch III, protections for GOA groundfish 553(d)(3). This finding is based upon Deputy Assistant Administrator for fisheries appear at subpart B of 50 CFR the reasons provided above for waiver of Regulatory Programs, National Marine part 680. prior notice and opportunity for public Fisheries Service. The A season allowance of the 2018 comment. [FR Doc. 2018–02321 Filed 2–5–18; 8:45 am] Pacific cod total allowable catch (TAC) This action is required by § 679.20 BILLING CODE 3510–22–P apportioned to vessels using pot gear in and is exempt from review under the Western Regulatory Area of the GOA Executive Order 12866. is 1,092 metric tons (mt), as established Authority: 16 U.S.C. 1801 et seq. by the final 2017 and 2018 harvest specifications for groundfish of the GOA Dated: February 1, 2018. (82 FR 12032, February 27, 2017) and Emily H. Menashes, inseason adjustment (82 FR 60327, Acting Director, Office of Sustainable daltland on DSKBBV9HB2PROD with RULES December 20, 2017). Fisheries, National Marine Fisheries Service. In accordance with § 679.20(d)(1)(i), [FR Doc. 2018–02304 Filed 2–1–18; 4:15 pm] the Administrator, Alaska Region, BILLING CODE 3510–22–P VerDate Sep<11>2014 17:43 Feb 05, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 E:\FR\FM\06FER1.SGM 06FER1


Document Created: 2018-02-06 00:30:30
Document Modified: 2018-02-06 00:30:30
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.
ContactJosh Keaton, 907-586-7228.
FR Citation83 FR 5214 
RIN Number0648-XF90
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