83_FR_5764 83 FR 5736 - 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 Central Regulatory Area of the Gulf of Alaska

83 FR 5736 - 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 Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 28 (February 9, 2018)

Page Range5736-5737
FR Document2018-02614

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 Central 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 Central Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 28 (Friday, February 9, 2018)
[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Rules and Regulations]
[Pages 5736-5737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02614]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160920866-7167-02]
RIN 0648-XF940


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 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.

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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 
Central 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 Central Regulatory Area of 
the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 6, 
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 Central Regulatory Area of the GOA, is 174 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 
Central Regulatory Area of the GOA will soon be reached. Therefore, the 
Regional Administrator is establishing a sideboard directed fishing 
allowance of 164 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 
Central 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 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 February 5, 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.


[[Page 5737]]


    Dated: February 6, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-02614 Filed 2-6-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                              5736               Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations

                                              DATES: Effective February 6, 2018,                      DEPARTMENT OF COMMERCE                                one inseason adjustment (82 FR 60327,
                                              through December 31, 2018.                                                                                    December 20, 2017).
                                                                                                      National Oceanic and Atmospheric                         In accordance with § 680.22(e)(2)(i),
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      Administration                                        the Administrator, Alaska Region,
                                              Cynthia Hanson, Fishery Management
                                              Specialist, (978) 281–9180.                                                                                   NMFS (Regional Administrator) has
                                                                                                      50 CFR Part 679                                       determined that the A season allowance
                                              SUPPLEMENTARY INFORMATION:                                                                                    of the 2018 Pacific cod sideboard limit
                                                                                                      [Docket No. 160920866–7167–02]
                                              Regulations governing the summer                                                                              established for non-AFA crab vessels
                                              flounder fishery are found in 50 CFR                    RIN 0648–XF940                                        that are operating as CVs using pot gear
                                              648.100 through 648.110. These                                                                                in the Central Regulatory Area of the
                                              regulations require annual specification                Fisheries of the Exclusive Economic                   GOA will soon be reached. Therefore,
                                              of a commercial quota that is                           Zone Off Alaska; Pacific Cod by Non-                  the Regional Administrator is
                                              apportioned among the coastal states                    American Fisheries Act Crab Vessels                   establishing a sideboard directed fishing
                                              from Maine through North Carolina. The                  Operating as Catcher Vessels Using                    allowance of 164 mt, and is setting aside
                                              process to set the annual commercial                    Pot Gear in the Central Regulatory                    the remaining 10 mt as bycatch to
                                              quota and the percent allocated to each                 Area of the Gulf of Alaska                            support other anticipated groundfish
                                              state is described in § 648.102, and the                AGENCY:  National Marine Fisheries                    fisheries. In accordance with
                                              initial 2018 allocations were published                 Service (NMFS), National Oceanic and                  § 680.22(e)(3), the Regional
                                              on December 22, 2017 (82 FR 60682),                     Atmospheric Administration (NOAA),                    Administrator finds that this sideboard
                                              and corrected January 30, 2018 (83 FR                   Commerce.                                             directed fishing allowance has been
                                              4165).                                                                                                        reached. Consequently, NMFS is
                                                                                                      ACTION: Temporary rule; closure.
                                                 The final rule implementing                                                                                prohibiting directed fishing for Pacific
                                              Amendment 5 to the Summer Flounder                      SUMMARY:   NMFS is prohibiting directed               cod by non-AFA crab vessels that are
                                              Fishery Management Plan, as published                   fishing for Pacific cod by non-American               operating as CVs using pot gear in the
                                              in the Federal Register on December 17,                 Fisheries Act (AFA) crab vessels that are             Central Regulatory Area of the GOA.
                                              1993 (58 FR 65936), provided a                          subject to sideboard limits, and                         After the effective date of this closure
                                              mechanism for transferring summer                       operating as catcher vessels (CVs) using              the maximum retainable amounts at
                                              flounder commercial quota from one                      pot gear, in the Central Regulatory Area              § 679.20(e) and (f) apply at any time
                                              state to another. Two or more states,                   of the Gulf of Alaska (GOA). This action              during a trip.
                                              under mutual agreement and with the                     is necessary to prevent exceeding the A
                                                                                                                                                            Classification
                                              concurrence of the NMFS Greater                         season allowance of the 2018 Pacific
                                              Atlantic Regional Administrator, can                    cod sideboard limit established for non-                 This action responds to the best
                                              transfer or combine summer flounder                     AFA crab vessels that are operating as                available information recently obtained
                                              commercial quota under § 648.102(c)(2).                 CVs using pot gear in the Central                     from the fishery. The Assistant
                                              The Regional Administrator is required                  Regulatory Area of the GOA.                           Administrator for Fisheries, NOAA
                                              to consider the criteria in                             DATES: Effective 1200 hours, Alaska                   (AA), finds good cause to waive the
                                              § 648.102(c)(2)(i)(A) through (C) in the                local time (A.l.t.), February 6, 2018,                requirement to provide prior notice and
                                              evaluation of requests for quota transfers              through 1200 hours, A.l.t., June 10,                  opportunity for public comment
                                              or combinations.                                        2018.                                                 pursuant to the authority set forth at 5
                                                 North Carolina is transferring 5,008 lb                                                                    U.S.C. 553(b)(B) as such requirement is
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              (2,272 kg) of summer flounder                                                                                 impracticable and contrary to the public
                                                                                                      Obren Davis, 907–586–7228.
                                              commercial quota to Rhode Island. This                                                                        interest. This requirement is
                                                                                                      SUPPLEMENTARY INFORMATION:     NMFS                   impracticable and contrary to the public
                                              transfer was requested to repay landings
                                                                                                      manages the groundfish fishery in the                 interest as it would prevent NMFS from
                                              by North Carolina-permitted vessels that
                                                                                                      GOA exclusive economic zone                           responding to the most recent fisheries
                                              landed in Rhode Island under safe
                                                                                                      according to the Fishery Management                   data in a timely fashion and would
                                              harbor agreements. The revised summer
                                                                                                      Plan for Groundfish of the Gulf of                    delay the sideboard directed fishing
                                              flounder quotas for calendar year 2018
                                                                                                      Alaska (FMP) prepared by the North                    closure of Pacific cod for non-AFA crab
                                              are now: North Carolina, 1,761,439 lb
                                                                                                      Pacific Fishery Management Council                    vessels that are subject to sideboard
                                              (798,975 kg); and Rhode Island,
                                                                                                      under authority of the Magnuson-                      limits, and that are operating as CVs
                                              1,001,381 lb (454,219 kg); based on the
                                                                                                      Stevens Fishery Conservation and                      using pot gear in the Central Regulatory
                                              initial quotas published in the 2018
                                                                                                      Management Act. Regulations governing                 Area of the GOA. NMFS was unable to
                                              Summer Flounder, Scup, and Black Sea
                                                                                                      fishing by U.S. vessels in accordance                 publish a notice providing time for
                                              Bass Specifications and subsequent
                                                                                                      with the FMP appear at subpart H of 50                public comment because the most
                                              adjustments.
                                                                                                      CFR part 600 and 50 CFR part 679.                     recent, relevant data only became
                                              Classification                                          Regulations governing sideboard                       available as of February 5, 2018.
                                                                                                      protections for GOA groundfish
                                                This action is taken under 50 CFR                                                                              The AA also finds good cause to
                                                                                                      fisheries appear at subpart B of 50 CFR
                                              part 648 and is exempt from review                                                                            waive the 30-day delay in the effective
                                                                                                      part 680.
                                              under Executive Order 12866.                                                                                  date of this action under 5 U.S.C.
                                                                                                         The A season allowance of the 2018
                                                                                                                                                            553(d)(3). This finding is based upon
                                                 Authority: 16 U.S.C. 1801 et seq.                    Pacific cod sideboard limit established
                                                                                                                                                            the reasons provided above for waiver of
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      for non-AFA crab vessels, and that are
                                                Dated: February 6, 2018.                                                                                    prior notice and opportunity for public
                                                                                                      operating as CVs using pot gear in the
                                              Jennifer M. Wallace,                                                                                          comment.
                                                                                                      Central Regulatory Area of the GOA, is
                                              Acting Director, Office of Sustainable                  174 metric tons (mt), as established by                  This action is required by § 680.22
                                              Fisheries, National Marine Fisheries Service.           the final 2017 and 2018 harvest                       and is exempt from review under
                                              [FR Doc. 2018–02660 Filed 2–6–18; 4:15 pm]              specifications for groundfish of the GOA              Executive Order 12866.
                                              BILLING CODE 3510–22–P                                  (82 FR 12032, February 27, 2017) and                    Authority: 16 U.S.C. 1801 et seq.



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                                                                 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations                        5737

                                                Dated: February 6, 2018.
                                              Jennifer M. Wallace,
                                              Acting Director, Office of Sustainable
                                              Fisheries, National Marine Fisheries Service.
                                              [FR Doc. 2018–02614 Filed 2–6–18; 4:15 pm]
                                              BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES




                                         VerDate Sep<11>2014   15:59 Feb 08, 2018   Jkt 244001   PO 00000   Frm 00057   Fmt 4700   Sfmt 9990   E:\FR\FM\09FER1.SGM   09FER1



Document Created: 2018-02-09 00:11:55
Document Modified: 2018-02-09 00:11:55
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 6, 2018, through 1200 hours, A.l.t., June 10, 2018.
ContactObren Davis, 907-586-7228.
FR Citation83 FR 5736 
RIN Number0648-XF94

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