83 FR 57341 - Fisheries of the Exclusive Economic Zone off Alaska; Shortraker Rockfish in the Central Regulatory Area of the Gulf of Alaska
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 221 (November 15, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 221 (November 15, 2018)
| Page Range | 57341-57342 | |
| FR Document | 2018-24914 |
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)] [Rules and Regulations] [Pages 57341-57342] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24914] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769-8162-02] RIN 0648-XG625 Fisheries of the Exclusive Economic Zone off Alaska; Shortraker Rockfish in the Central Regulatory Area of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting retention of shortraker rockfish in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2018 total allowable catch of shortraker rockfish in the Central Regulatory Area of the GOA will be reached. DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 9, 2018, through 2400 hours, A.l.t., December 31, 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 [[Page 57342]] 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 shortraker rockfish in the Central Regulatory Area of the GOA is 305 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish of the GOA (83 FR 8768, March 1, 2018). In accordance with Sec. 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2018 TAC of shortraker rockfish in the Central Regulatory Area of the GOA will be reached. Therefore, NMFS is requiring that shortraker rockfish in the Central Regulatory Area of the GOA be treated as prohibited species in accordance with Sec. 679.21(b). This action does not apply to fishing by trawl catcher/processors in the cooperative fishery in the Rockfish Program for the Central GOA. 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 prohibiting the retention of shortraker rockfish in the Central 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 November 8, 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 Sec. 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 9, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-24914 Filed 11-9-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations 57341
mt, consistent with the annual BFT information on safe handling, see the to consider and respond to updated data
quota calculation process. On October 4, ‘‘Careful Catch and Release’’ brochure and information about fishery
2018, NMFS transferred 55 mt to the available at www.nmfs.noaa.gov/sfa/ conditions and this year’s landings. If
General category and closed the General hms/. NMFS was to offer a public comment
category fishery effective October 5, period now, after having appropriately
Monitoring and Reporting
2018, based on projections that landings considered that data, it would preclude
would meet or exceed the adjusted NMFS will continue to monitor the fishermen from harvesting BFT that are
October through November subquota of BFT fishery closely. Dealers are required legally available. Therefore, the AA
127.2 mt by that date (83 FR 50857, to submit landing reports within 24 finds good cause under 5 U.S.C.
October 10, 2018). Since October 5, hours of a dealer receiving BFT. Late 553(b)(B) to waive prior notice and the
2018, NMFS has reopened the October reporting by dealers compromises opportunity for public comment. For all
through November subquota period two NMFS’ ability to timely implement of the above reasons, there also is good
separate times for multiple days in an actions such as quota and retention cause under 5 U.S.C. 553(d) to waive the
attempt to allow the available quota to limit adjustment, as well as closures, 30-day delay in effectiveness.
be harvested (83 FR 52169, October 16, and may result in enforcement actions. This action is being taken under
2018, and 83 FR 55108, November 2, Additionally, and separate from the § 635.27(a)(1), and is exempt from
2018). dealer reporting requirement, General review under Executive Order 12866.
and HMS Charter/Headboat category
General Category Reopening vessel owners are required to report the Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
As of November 6, 2018, reports show catch of all BFT retained or discarded
that the October through November dead within 24 hours of the landing(s) Dated: November 9, 2018.
landings are still less than the available or end of each trip, by accessing Alan D. Risenhoover,
subquota of 127.2 mt. Based on landings hmspermits.noaa.gov, using the HMS Director, Office of Sustainable Fisheries,
rates, NMFS has determined that Catch Reporting app, or calling (888) National Marine Fisheries Service.
reopening the General category fishery 872–8862 (Monday through Friday from [FR Doc. 2018–24954 Filed 11–9–18; 4:15 pm]
for five days is appropriate. 8 a.m. until 4:30 p.m.). BILLING CODE 3510–22–P
Therefore, the General category Depending on the level of fishing
fishery will reopen at 12:30 a.m., effort and catch rates of BFT, NMFS
November 12, 2018, and close at 11:30 may determine that additional DEPARTMENT OF COMMERCE
p.m., November 16, 2018. The General adjustments are necessary to ensure
category daily retention limit during available subquotas are not exceeded or National Oceanic and Atmospheric
this reopening is one large medium or to enhance scientific data collection Administration
giant BFT per vessel per day/trip. This from, and fishing opportunities in, all
action applies to those vessels permitted geographic areas. If needed, subsequent 50 CFR Part 679
in the General category, as well as to adjustments will be published in the [Docket No. 170816769–8162–02]
those HMS Charter/Headboat permitted Federal Register. In addition, fishermen
vessels with a commercial sale may call the Atlantic Tunas Information RIN 0648–XG625
endorsement when fishing Line at (978) 281–9260, or access
commercially for BFT. Retaining, hmspermits.noaa.gov, for updates on Fisheries of the Exclusive Economic
possessing, or landing large medium or quota monitoring and inseason Zone off Alaska; Shortraker Rockfish
giant BFT by persons aboard vessels adjustments. in the Central Regulatory Area of the
permitted in the General and HMS Gulf of Alaska
Charter/Headboat categories must cease Classification
AGENCY: National Marine Fisheries
at 11:30 p.m. local time on November The Assistant Administrator for Service (NMFS), National Oceanic and
16, 2018. NMFS (AA) finds that it is impracticable Atmospheric Administration (NOAA),
The General category will reopen and contrary to the public interest to Commerce.
automatically on December 1, 2018, for provide prior notice of, and an
ACTION: Temporary rule; closure.
the December 2018 subquota period at opportunity for public comment on, this
the default retention limit of one fish. In action for the following reasons: SUMMARY: NMFS is prohibiting retention
December 2017, NMFS adjusted the The regulations implementing the of shortraker rockfish in the Central
General category base subquota for the 2006 Consolidated HMS FMP and Regulatory Area of the Gulf of Alaska
December 2018 period to 10 mt (82 FR amendments provide for inseason (GOA). This action is necessary because
60680, December 22, 2017), although actions to respond to the unpredictable the 2018 total allowable catch of
this amount increased to 14.6 mt with nature of BFT availability on the fishing shortraker rockfish in the Central
finalization of the quota rule. Based on grounds, the migratory nature of this Regulatory Area of the GOA will be
quota availability in the Reserve, NMFS species, and the regional variations in reached.
may consider transferring additional the BFT fishery. Affording prior notice
quota to the December subquota period, and opportunity for public comment to DATES: Effective 1200 hours, Alaska
as appropriate. implement the fishery reopening is local time (A.l.t.), November 9, 2018,
Fishermen may catch and release (or impracticable and contrary to the public through 2400 hours, A.l.t., December 31,
tag and release) BFT of all sizes, subject interest. The General category recently 2018.
to the requirements of the catch-and- closed, but based on available BFT FOR FURTHER INFORMATION CONTACT:
khammond on DSK30JT082PROD with RULES
release and tag-and-release programs at quotas, recent fishery performance, and Obren Davis, 907–586–7228.
§ 635.26. All BFT that are released must the availability of BFT on the fishing SUPPLEMENTARY INFORMATION: NMFS
be handled in a manner that will grounds, responsive reopening of the manages the groundfish fishery in the
maximize their survival, and without fishery is warranted to allow fishermen GOA exclusive economic zone
removing the fish from the water, to take advantage of availability of fish according to the Fishery Management
consistent with requirements at and of quota. NMFS could not have Plan for Groundfish of the Gulf of
§ 635.21(a)(1). For additional proposed this action earlier, as it needed Alaska (FMP) prepared by the North
VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\15NOR1.SGM 15NOR1](https://thefederalregister.org/doc/83_FR_57562/page/1.svg)
![57342 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
Pacific Fishery Management Council with § 679.21(b). This action does not Regulatory Area of the GOA. NMFS was
under authority of the Magnuson- apply to fishing by trawl catcher/ unable to publish a notice providing
Stevens Fishery Conservation and processors in the cooperative fishery in time for public comment because the
Management Act. Regulations governing the Rockfish Program for the Central most recent, relevant data only became
fishing by U.S. vessels in accordance GOA. available as of November 8, 2018.
with the FMP appear at subpart H of 50 The AA also finds good cause to
Classification
CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective
The 2018 total allowable catch (TAC) This action responds to the best
available information recently obtained date of this action under 5 U.S.C.
of shortraker rockfish in the Central
from the fishery. The Assistant 553(d)(3). This finding is based upon
Regulatory Area of the GOA is 305
Administrator for Fisheries, NOAA the reasons provided above for waiver of
metric tons (mt) as established by the
(AA), finds good cause to waive the prior notice and opportunity for public
final 2018 and 2019 harvest
requirement to provide prior notice and comment.
specifications for groundfish of the GOA
(83 FR 8768, March 1, 2018). opportunity for public comment This action is required by § 679.20
In accordance with § 679.20(d)(2), the pursuant to the authority set forth at 5 and § 679.21 and is exempt from review
Administrator, Alaska Region, NMFS U.S.C. 553(b)(B) as such requirement is under Executive Order 12866.
(Regional Administrator), has impracticable and contrary to the public Authority: 16 U.S.C. 1801 et seq.
determined that the 2018 TAC of interest. This requirement is
shortraker rockfish in the Central impracticable and contrary to the public Dated: November 9, 2018.
Regulatory Area of the GOA will be interest as it would prevent NMFS from Alan D. Risenhoover,
reached. Therefore, NMFS is requiring responding to the most recent fisheries Director, Office of Sustainable Fisheries,
that shortraker rockfish in the Central data in a timely fashion and would National Marine Fisheries Service.
Regulatory Area of the GOA be treated delay prohibiting the retention of [FR Doc. 2018–24914 Filed 11–9–18; 4:15 pm]
as prohibited species in accordance shortraker rockfish in the Central BILLING CODE 3510–22–P
khammond on DSK30JT082PROD with RULES
VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\15NOR1.SGM 15NOR1](https://thefederalregister.org/doc/83_FR_57562/page/2.svg)
Document Created: 2018-11-15 04:01:07
Document Modified: 2018-11-15 04:01:07
| 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; closure. | |
| Dates | Effective 1200 hours, Alaska local time (A.l.t.), November 9, 2018, through 2400 hours, A.l.t., December 31, 2018. | |
| Contact | Obren Davis, 907-586-7228. | |
| FR Citation | 83 FR 57341 | |
| RIN Number | 0648-XG62 |
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