83 FR 56740 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range		56740-56741
FR Document		2018-24824

NMFS is reallocating the projected unused amount of Pacific cod total allowable catch (TAC) from vessels using jig gear, trawl catcher vessels, and American Fisheries Act (AFA) catcher/processors to catcher vessels less than 60 feet (18.3 m) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2018 TAC of Pacific cod to be harvested.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56740-56741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24824]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG591


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod 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; reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod total allowable catch (TAC) from vessels using jig gear, trawl 
catcher vessels, and American Fisheries Act (AFA) catcher/processors to 
catcher vessels less than 60 feet (18.3 m) length overall (LOA) using 
hook-and-line or pot gear in the Bering Sea and Aleutian Islands 
management area. This action is necessary to allow the 2018 TAC of 
Pacific cod to be harvested.

DATES: Effective November 13, 2018, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2018.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands (BSAI) according to the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area (FMP) prepared by the North Pacific Fishery Management 
Council under authority of the Magnuson-Stevens Fishery Conservation 
and Management Act. Regulations governing fishing by U.S. vessels in 
accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 
CFR part 679.
    The 2018 Pacific cod TAC specified for vessels using jig gear in 
the BSAI is 249 metric tons (mt) as established by the final 2018 and 
2019 harvest specifications for groundfish in the BSAI (83 FR 8365, 
February 27, 2018) and reallocation (83 FR 42227, August 21, 2018).
    The 2018 Pacific cod TAC specified for trawl catcher vessels in the 
BSAI is 40,227 mt as established by the final 2018 and 2019 harvest 
specifications for groundfish in the BSAI (83 FR 8365, February 27, 
2018).
    The 2018 Pacific cod TAC specified for AFA catcher/processors in 
the BSAI is 4,186 mt as established by the final 2018 and 2019 harvest 
specifications for groundfish in the BSAI (83 FR 8365, February 27, 
2018).
    The 2018 Pacific cod TAC allocated to catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 6,290 
mt as established by final 2018 and 2019 harvest specifications for 
groundfish in the BSAI (83 FR 8365, February 27, 2018) and reallocation 
(83 FR 42227, August 21, 2018).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 100 mt of 
the 2018 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(7)(ii)(A)(1), the trawl catcher vessels will not be able to 
harvest 2,200 mt of the 2018 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(9), and the AFA catcher/processors will 
not be able to harvest 158 mt of the 2018 Pacific cod TAC allocated to 
those vessels under Sec.  679.20(a)(7)(ii)(A)(7). Therefore, in 
accordance with Sec.  679.20(a)(7)(iii)(A), NMFS apportions 100 mt of 
Pacific cod from the jig vessel apportionment, 2,200 mt of Pacific cod 
from the trawl catcher vessel apportionment, and 158 mt of Pacific cod 
from the AFA catcher/processor apportionment to the annual amount 
specified for catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear. The harvest specifications for Pacific cod 
included in final 2018 and 2019 harvest specifications for groundfish 
in the BSAI (83 FR 8365, February 27, 2018) and reallocations (83 FR 
42227, August 21, 2018) are revised as follows: 149 mt to the annual 
amount for vessels using

[[Page 56741]]

jig gear, 38,027 mt to trawl catcher vessels, 4,028 mt to AFA catcher/
processors, and 8,748 mt to catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear.

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 reallocations of Pacific cod to catcher vessels less 
than 60 feet (18.3 m) LOA using hook-and-line or pot gear. Since the 
fishery is currently open, it is important to immediately inform the 
industry as to the revised allocations. Immediate notification is 
necessary to allow for the orderly conduct and efficient operation of 
this fishery, to allow the industry to plan for the fishing season, and 
to avoid potential disruption to the fishing fleet as well as 
processors. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of November 7, 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: November 8, 2018.
 Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-24824 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-22-P

56740 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations

prospective contractor, i.e., that an PART 509—CONTRACTOR and Aleutian Islands Management Area
offeror meets the standards at FAR QUALIFICATIONS (FMP) prepared by the North Pacific
9.104. Therefore, GSAR 509.105–1(b) Fishery Management Council under
will be removed from the GSAR because ■ 1. The authority citation for part 509 authority of the Magnuson-Stevens
it violates FAR 1.304(b) by continues to read as follows: Fishery Conservation and Management
unnecessarily paraphrasing FAR 9.105– Authority: 40 U.S.C. 121(c). Act. Regulations governing fishing by
1(b). U.S. vessels in accordance with the FMP
■ 2. Revise section 509.105–1 to read as appear at subpart H of 50 CFR part 600
III. Executive Orders 12866 and 13563 follows: and 50 CFR part 679.
Executive Orders (E.O.s) 12866 and The 2018 Pacific cod TAC specified
509.105–1 Obtaining information.
13563 direct agencies to assess all costs for vessels using jig gear in the BSAI is
FAR 9.105–1 lists a number of sources 249 metric tons (mt) as established by
and benefits of available regulatory of information that a contracting officer
alternatives and, if regulation is the final 2018 and 2019 harvest
may utilize before making a specifications for groundfish in the
necessary, to select regulatory determination of responsibility. The
approaches that maximize net benefits BSAI (83 FR 8365, February 27, 2018)
contracting officer may request and reallocation (83 FR 42227, August
(including potential economic, information directly from a prospective
environmental, public health and safety 21, 2018).
contractor using GSA Form 527, The 2018 Pacific cod TAC specified
effects, distributive impacts, and Contractor’s Qualifications and
equity). E.O. 13563 emphasizes the for trawl catcher vessels in the BSAI is
Financial Information, but only after 40,227 mt as established by the final
importance of quantifying both costs exhausting other available sources of
and benefits, of reducing costs, of 2018 and 2019 harvest specifications for
information. groundfish in the BSAI (83 FR 8365,
harmonizing rules, and of promoting
flexibility. This is not a significant [FR Doc. 2018–24755 Filed 11–13–18; 8:45 am] February 27, 2018).
BILLING CODE 6820–61–P The 2018 Pacific cod TAC specified
regulatory action and, therefore, was not
for AFA catcher/processors in the BSAI
subject to review under section 6(b) of
is 4,186 mt as established by the final
E.O. 12866, Regulatory Planning and
DEPARTMENT OF COMMERCE 2018 and 2019 harvest specifications for
Review, dated September 30, 1993. This
groundfish in the BSAI (83 FR 8365,
rule is not a major rule under 5 U.S.C. February 27, 2018).
804. National Oceanic and Atmospheric
Administration The 2018 Pacific cod TAC allocated to
IV. Executive Order 13771 catcher vessels less than 60 feet (18.3 m)
50 CFR Part 679 LOA using hook-and-line or pot gear in
This final rule is not subject to E.O. the BSAI is 6,290 mt as established by
13771, because this rule is not a [Docket No. 170817779–8161–02] final 2018 and 2019 harvest
significant regulatory action under E.O. RIN 0648–XG591 specifications for groundfish in the
12866. BSAI (83 FR 8365, February 27, 2018)
V. Regulatory Flexibility Act Fisheries of the Exclusive Economic and reallocation (83 FR 42227, August
Zone Off Alaska; Reallocation of 21, 2018).
This rule will not have a significant Pacific Cod in the Bering Sea and The Administrator, Alaska Region,
economic impact on a substantial Aleutian Islands Management Area NMFS, (Regional Administrator) has
number of small entities within the determined that jig vessels will not be
meaning of the Regulatory Flexibility AGENCY: National Marine Fisheries able to harvest 100 mt of the 2018
Act, 5 U.S.C. 601 et seq., because the Service (NMFS), National Oceanic and Pacific cod TAC allocated to those
rule merely removes unnecessarily Atmospheric Administration (NOAA), vessels under § 679.20(a)(7)(ii)(A)(1), the
duplicative regulatory language. The Commerce. trawl catcher vessels will not be able to
rule imposes no new reporting, ACTION: Temporary rule; reallocation. harvest 2,200 mt of the 2018 Pacific cod
recordkeeping, or other information TAC allocated to those vessels under
SUMMARY: NMFS is reallocating the
collection requirements. Therefore, a § 679.20(a)(7)(ii)(A)(9), and the AFA
projected unused amount of Pacific cod
Regulatory Flexibility Analysis has not catcher/processors will not be able to
total allowable catch (TAC) from vessels
been performed. harvest 158 mt of the 2018 Pacific cod
using jig gear, trawl catcher vessels, and
TAC allocated to those vessels under
VI. Paperwork Reduction Act American Fisheries Act (AFA) catcher/
§ 679.20(a)(7)(ii)(A)(7). Therefore, in
processors to catcher vessels less than
This rule does not contain any accordance with § 679.20(a)(7)(iii)(A),
60 feet (18.3 m) length overall (LOA)
information collection requirements that NMFS apportions 100 mt of Pacific cod
using hook-and-line or pot gear in the
require the approval of the Office of from the jig vessel apportionment, 2,200
Bering Sea and Aleutian Islands
Management and Budget under the mt of Pacific cod from the trawl catcher
management area. This action is
Paperwork Reduction Act (44 U.S.C. vessel apportionment, and 158 mt of
necessary to allow the 2018 TAC of
chapter 35). Pacific cod from the AFA catcher/
Pacific cod to be harvested.
processor apportionment to the annual
List of Subjects in 48 CFR Part 509 DATES: Effective November 13, 2018, amount specified for catcher vessels less
through 2400 hours, Alaska local time than 60 feet (18.3 m) LOA using hook-
Government procurement.
(A.l.t.), December 31, 2018. and-line or pot gear. The harvest
Dated: November 7, 2018.
FOR FURTHER INFORMATION CONTACT: specifications for Pacific cod included
Jeffrey A. Koses, Steve Whitney, 907–586–7228. in final 2018 and 2019 harvest
Senior Procurement Executive, Office of SUPPLEMENTARY INFORMATION: NMFS specifications for groundfish in the
Acquisition Policy, Office of Government-
wide Policy, General Services Administration.
manages the groundfish fishery in the BSAI (83 FR 8365, February 27, 2018)
Bering Sea and Aleutian Islands (BSAI) and reallocations (83 FR 42227, August
Therefore, GSA is amending 48 CFR according to the Fishery Management 21, 2018) are revised as follows: 149 mt
part 509 as set forth below: Plan for Groundfish of the Bering Sea to the annual amount for vessels using

VerDate Sep<11>2014 18:08 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\14NOR1.SGM 14NOR1

$Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations 56741 jig gear, 38,027 mt to trawl catcher responding to the most recent fisheries The AA also finds good cause to vessels, 4,028 mt to AFA catcher/ data in a timely fashion and would waive the 30-day delay in the effective processors, and 8,748 mt to catcher delay the reallocations of Pacific cod to date of this action under 5 U.S.C. vessels less than 60 feet (18.3 m) LOA catcher vessels less than 60 feet (18.3 m) 553(d)(3). This finding is based upon using hook-and-line or pot gear. LOA using hook-and-line or pot gear. the reasons provided above for waiver of Classification Since the fishery is currently open, it is prior notice and opportunity for public important to immediately inform the comment. This action responds to the best industry as to the revised allocations. This action is required by § 679.20 available information recently obtained from the fishery. The Assistant Immediate notification is necessary to and is exempt from review under Administrator for Fisheries, NOAA allow for the orderly conduct and Executive Order 12866. (AA), finds good cause to waive the efficient operation of this fishery, to Authority: 16 U.S.C. 1801 et seq. requirement to provide prior notice and allow the industry to plan for the fishing opportunity for public comment season, and to avoid potential Dated: November 8, 2018. pursuant to the authority set forth at 5 disruption to the fishing fleet as well as Karen H. Abrams, U.S.C. 553(b)(B) as such requirement is processors. NMFS was unable to Acting Director, Office of Sustainable impracticable and contrary to the public publish a notice providing time for Fisheries, National Marine Fisheries Service. interest. This requirement is public comment because the most [FR Doc. 2018–24824 Filed 11–13–18; 8:45 am] impracticable and contrary to the public recent, relevant data only became BILLING CODE 3510–22–P interest as it would prevent NMFS from available as of November 7, 2018. VerDate Sep<11>2014 18:08 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00043 Fmt 4700 Sfmt 9990 E:\FR\FM\14NOR1.SGM 14NOR1$

Document Created: 2018-11-14 03:32:19
Document Modified: 2018-11-14 03:32:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary rule; reallocation.
Dates		Effective November 13, 2018, through 2400 hours, Alaska local time (A.l.t.), December 31, 2018.
Contact		Steve Whitney, 907-586-7228.
FR Citation		83 FR 56740
RIN Number		0648-XG59

83 FR 56740 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration