83_FR_62747 83 FR 62514 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 50 Feet Length Overall Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska

83 FR 62514 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 50 Feet Length Overall Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range62514-62515
FR Document2018-26302

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 50 feet length overall (LOA) using hook-and- line gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2018 Pacific cod total allowable catch apportioned to catcher vessels less than 50 feet LOA using hook-and-line gear in the Central Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018) 
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62514-62515]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26302]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG470


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 50 Feet Length Overall Using Hook-and-Line 
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 
catcher vessels less than 50 feet length overall (LOA) using hook-and-
line gear in the Central Regulatory Area of the Gulf of Alaska (GOA). 
This action is necessary to prevent exceeding the 2018 Pacific cod 
total allowable catch apportioned to catcher vessels less than 50 feet 
LOA using hook-and-line gear in the Central Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), December 1, 
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 
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 2018 Pacific cod total allowable catch (TAC) apportioned to 
catcher vessels less than 50 feet LOA using hook-and-line gear in the 
Central Regulatory Area of the GOA is 880 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)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has

[[Page 62515]]

determined that the 2018 Pacific cod TAC apportioned to catcher vessels 
less than 50 feet LOA using hook-and-line gear in the Central 
Regulatory Area of the GOA will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
870 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 catcher vessels less than 50 feet 
LOA using hook-and-line gear in the Central Regulatory Area of the GOA. 
While this closure is effective 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 catcher 
vessels less than 50 feet LOA using hook-and-line 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 November 28, 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 29, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-26302 Filed 11-29-18; 4:15 pm]
 BILLING CODE 3510-22-P

62514 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations objectives of the 2006 Consolidated will be one large medium or giant BFT DEPARTMENT OF COMMERCE HMS FMP and amendments. (measuring 73’’ or greater) per vessel per (§ 635.27(a)(8)(v) and (vi)). Another day/trip. National Oceanic and Atmospheric principal consideration is the objective Administration of providing opportunities to harvest the Classification full annual U.S. BFT quota without 50 CFR Part 679 The Assistant Administrator for exceeding it based on the goals of the NMFS (AA) finds that it is impracticable [Docket No. 170816769–8162–02] 2006 Consolidated HMS FMP and and contrary to the public interest to RIN 0648–XG470 amendments, including to achieve optimum yield on a continuing basis provide prior notice of, and an and to optimize the ability of all permit opportunity for public comment on, this Fisheries of the Exclusive Economic categories to harvest their full BFT action for the following reasons: Zone Off Alaska; Pacific Cod by quota allocations (related to The regulations implementing the Catcher Vessels Less Than 50 Feet § 635.27(a)(8)(x)). 2006 Consolidated HMS FMP and Length Overall Using Hook-and-Line Based on the considerations above, amendments provide for inseason Gear in the Central Regulatory Area of NMFS is transferring 129.2 mt from the retention limit adjustments to respond the Gulf of Alaska Reserve category to the General to the unpredictable nature of BFT AGENCY: National Marine Fisheries category. Therefore, NMFS adjusts the availability on the fishing grounds, the Service (NMFS), National Oceanic and General category December subquota migratory nature of this species, and the Atmospheric Administration (NOAA), quota to 50.0 mt for the 2018 General regional variations in the BFT fishery. Commerce. category fishing season and adjusts the Affording prior notice and opportunity ACTION: Temporary rule; closure. Reserve category quota to 13.7 mt. The 2018 General category fishery reopens for public comment to implement the quota transfer for the remainder of 2018 SUMMARY: NMFS is prohibiting directed December 1, 2018, and will remain open fishing for Pacific cod by catcher vessels until December 31, 2018, or until the is impracticable and contrary to the less than 50 feet length overall (LOA) adjusted General category quota is public interest as such a delay would using hook-and-line gear in the Central reached, whichever comes first. result in continued closure of the Regulatory Area of the Gulf of Alaska General category fishery (because the (GOA). This action is necessary to Monitoring and Reporting available quota has been exceeded) and prevent exceeding the 2018 Pacific cod NMFS will continue to monitor the the need to re-open the fishery later in total allowable catch apportioned to BFT fishery closely. Dealers are required the December time period, rather than catcher vessels less than 50 feet LOA to submit landing reports within 24 the fishery automatically re-opening on using hook-and-line gear in the Central hours of a dealer receiving BFT. Late December 1. The delay would preclude Regulatory Area of the GOA. reporting by dealers compromises the fishery from harvesting BFT that are DATES: Effective 1200 hours, Alaska NMFS’ ability to timely implement available on the fishing grounds and actions such as quota and retention local time (A.l.t.), December 1, 2018, that might otherwise become through 2400 hours, A.l.t., December 31, limit adjustment, as well as closures, unavailable during a delay. Therefore, and may result in enforcement actions. 2018. the AA finds good cause under 5 U.S.C. FOR FURTHER INFORMATION CONTACT: Additionally, and separate from the 553(b)(B) to waive prior notice and the Obren Davis, 907–586–7228. dealer reporting requirement, General and HMS Charter/Headboat category opportunity for public comment. For SUPPLEMENTARY INFORMATION: NMFS vessel owners are required to report the these reasons, there also is good cause manages the groundfish fishery in the catch of all BFT retained or discarded under 5 U.S.C. 553(d) to waive the 30- GOA exclusive economic zone dead within 24 hours of the landing(s) day delay in effectiveness. according to the Fishery Management or end of each trip, by accessing This action is being taken under Plan for Groundfish of the Gulf of hmspermits.noaa.gov or by using the § 635.27(a)(9) (Inseason adjustments) Alaska (FMP) prepared by the North HMS Catch Reporting app, or calling and is exempt from review under Pacific Fishery Management Council (888) 872–8862 (Monday through Friday Executive Order 12866. under authority of the Magnuson- from 8 a.m. until 4:30 p.m.). Stevens Fishery Conservation and Depending on the level of fishing Authority: 16 U.S.C. 971 et seq. and 1801 Management Act. Regulations governing et seq. effort and catch rates of BFT, NMFS fishing by U.S. vessels in accordance may determine that additional action Dated: November 29, 2018. with the FMP appear at subpart H of 50 (e.g., quota adjustment or closure) is Alan D. Risenhoover, CFR part 600 and 50 CFR part 679. necessary to ensure available subquotas Director, Office of Sustainable Fisheries, Regulations governing sideboard are not exceeded or to enhance National Marine Fisheries Service. protections for GOA groundfish scientific data collection from, and [FR Doc. 2018–26325 Filed 11–29–18; 4:15 pm] fisheries appear at subpart B of 50 CFR fishing opportunities in, all geographic part 680. BILLING CODE 3510–22–P areas. If needed, subsequent The 2018 Pacific cod total allowable adjustments will be published in the catch (TAC) apportioned to catcher Federal Register. In addition, fishermen vessels less than 50 feet LOA using may call the Atlantic Tunas Information hook-and-line gear in the Central Line at (978) 281–9260, or access Regulatory Area of the GOA is 880 hmspermits.noaa.gov, for updates on metric tons (mt), as established by the quota monitoring and inseason final 2018 and 2019 harvest adjustments. specifications for groundfish of the GOA NMFS reminds General category (83 FR 8768, March 1, 2018). participants that when the fishery In accordance with § 679.20(d)(1)(i), reopens December 1, 2018, the BFT the Administrator, Alaska Region, General category daily retention limit NMFS (Regional Administrator) has VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1

Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 62515 determined that the 2018 Pacific cod Classification providing time for public comment TAC apportioned to catcher vessels less because the most recent, relevant data than 50 feet LOA using hook-and-line This action responds to the best only became available as of November gear in the Central Regulatory Area of available information recently obtained 28, 2018. the GOA will soon be reached. from the fishery. The Assistant The AA also finds good cause to Therefore, the Regional Administrator is Administrator for Fisheries, NOAA waive the 30-day delay in the effective establishing a directed fishing (AA), finds good cause to waive the date of this action under 5 U.S.C. allowance of 870 mt and is setting aside requirement to provide prior notice and 553(d)(3). This finding is based upon the remaining 10 mt as bycatch to opportunity for public comment the reasons provided above for waiver of support other anticipated groundfish pursuant to the authority set forth at 5 prior notice and opportunity for public fisheries. In accordance with U.S.C. 553(b)(B) as such requirement is comment. § 679.20(d)(1)(iii), the Regional impracticable and contrary to the public This action is required by § 679.20 Administrator finds that this directed interest. This requirement is and is exempt from review under fishing allowance has been reached. impracticable and contrary to the public Executive Order 12866. Consequently, NMFS is prohibiting interest as it would prevent NMFS from Authority: 16 U.S.C. 1801 et seq. directed fishing for Pacific cod by responding to the most recent fisheries catcher vessels less than 50 feet LOA data in a timely fashion and would Dated: November 29, 2018. using hook-and-line gear in the Central delay the directed fishing closure of Alan D. Risenhoover, Regulatory Area of the GOA. While this Pacific cod by catcher vessels less than Director, Office of Sustainable Fisheries, closure is effective the maximum 50 feet LOA using hook-and-line gear in National Marine Fisheries Service. retainable amounts at § 679.20(e) and (f) the Central Regulatory Area of the GOA. [FR Doc. 2018–26302 Filed 11–29–18; 4:15 pm] apply at any time during a trip. NMFS was unable to publish a notice BILLING CODE 3510–22–P VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 PO 00000 Frm 00067 Fmt 4700 Sfmt 9990 E:\FR\FM\04DER1.SGM 04DER1


Document Created: 2018-12-04 00:42:01
Document Modified: 2018-12-04 00:42:01
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.), December 1, 2018, through 2400 hours, A.l.t., December 31, 2018.
ContactObren Davis, 907-586-7228.
FR Citation83 FR 62514 
RIN Number0648-XG47
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