83_FR_64273 83 FR 64034 - 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 Western Regulatory Area of the Gulf of Alaska

83 FR 64034 - 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 Western Regulatory Area of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 239 (December 13, 2018)

Page Range64034-64035
FR Document2018-26971

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 Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2018 Pacific cod sideboard limit established for non-AFA crab vessels that are operating as CVs using pot gear in the Western Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 239 (Thursday, December 13, 2018) 
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Rules and Regulations]
[Pages 64034-64035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26971]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG672


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 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 non-
American Fisheries Act (AFA) crab vessels that are subject to sideboard 
limits, and operating as catcher vessels (CVs) using pot gear, in the 
Western Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to prevent exceeding the 2018 Pacific cod sideboard limit 
established for non-AFA crab vessels that are operating as CVs using 
pot gear in the Western Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), December 10, 
2018, through 2400 hours, A.l.t., December 31, 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 2018 Pacific cod sideboard limit established for non-AFA crab 
vessels, and that are operating as CVs using pot

[[Page 64035]]

gear in the Western Regulatory Area of the GOA, is 564 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.  680.22(e)(2)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the 2018 
Pacific cod sideboard limit established for non-AFA crab vessels that 
are operating as CVs using pot gear in the Western Regulatory Area of 
the GOA will soon be reached. Therefore, the Regional Administrator is 
establishing a sideboard directed fishing allowance of 560 mt, and is 
setting aside the remaining 4 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 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 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 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 December 6, 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.

    Dated: December 10, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-26971 Filed 12-10-18; 4:15 pm]
 BILLING CODE 3510-22-P

64034 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations The Magnuson-Stevens Act provides List of Subjects in 50 CFR Part 622 the applicable deadline will not be the statutory basis for this final rule. No reissued. duplicative, overlapping, or conflicting Commercial, Dealer, Endorsement, * * * * * Federal rules have been identified. In Fisheries, Fishing, Gulf of Mexico, [FR Doc. 2018–26984 Filed 12–12–18; 8:45 am] addition, no new reporting, License, Permit, South Atlantic. BILLING CODE 3510–22–P recordkeeping, or other compliance Dated: December 10, 2018. requirements are introduced by this Alan D. Risenhoover, final rule. DEPARTMENT OF COMMERCE Acting Deputy Assistant Administrator for The Chief Counsel for Regulation of Regulatory Programs, National Marine National Oceanic and Atmospheric the Department of Commerce certified Fisheries Service. Administration to the Chief Counsel for Advocacy of the For the reasons set out in the Small Business Administration during 50 CFR Part 679 preamble, 50 CFR part 622 is amended the proposed rule stage that this rule as follows: [Docket No. 170816769–8162–02] would not have a significant adverse economic impact on a substantial PART 622—FISHERIES OF THE RIN 0648–XG672 number of small entities. The factual CARIBBEAN, GULF OF MEXICO, AND basis for this determination was Fisheries of the Exclusive Economic SOUTH ATLANTIC published in the proposed rule and is Zone Off Alaska; Pacific Cod by Non- not repeated here. No significant issues American Fisheries Act Crab Vessels ■ 1. The authority citation for part 622 Operating as Catcher Vessels Using were raised by public comments related continues to read as follows: to the economic impacts on small Pot Gear in the Western Regulatory businesses, and no changes to this final Authority: 16 U.S.C. 1801 et seq. Area of the Gulf of Alaska rule were made in response to public ■ 2. In § 622.4, revise paragraph (g)(1) to AGENCY: National Marine Fisheries comments. As a result, a final regulatory read as follows: Service (NMFS), National Oceanic and flexibility analysis was not required and Atmospheric Administration (NOAA), none was prepared. § 622.4 Permits and fees—general. Commerce. This final rule contains collection-of- * * * * * ACTION: Temporary rule; closure. information requirements subject to the (g) * * * Paperwork Reduction Act (PRA) that SUMMARY: NMFS is prohibiting directed (1) Vessel permits, licenses, and fishing for Pacific cod by non-American OMB has approved under control endorsements, and dealer permits. Fisheries Act (AFA) crab vessels that are number 0648–0205. Public reporting Unless specified otherwise, a vessel or subject to sideboard limits, and burdens for renewal applications in the dealer permit holder who has been operating as catcher vessels (CVs) using Southeast Region Permit Family of issued a permit, license, or endorsement pot gear, in the Western Regulatory Area Forms are estimated to vary between 30 under this part must renew such permit, of the Gulf of Alaska (GOA). This action and 55 minutes, depending on the is necessary to prevent exceeding the applicable form. The estimated license, or endorsement on an annual basis. The RA will notify a vessel or 2018 Pacific cod sideboard limit reporting burdens are based on an established for non-AFA crab vessels individual response, including the time dealer permit holder whose permit, license, or endorsement is expiring that are operating as CVs using pot gear for reviewing instructions, searching in the Western Regulatory Area of the existing data sources, gathering and approximately 2 months prior to the expiration date. A vessel or dealer GOA. maintaining the data needed, and permit holder who does not receive a DATES: Effective 1200 hours, Alaska completing and reviewing the collection notification is still required to submit an local time (A.l.t.), December 10, 2018, of information. This final rule does not application form as specified below. through 2400 hours, A.l.t., December 31, change existing collection-of- The applicant must submit a completed 2018. information requirements or estimated renewal application form and all FOR FURTHER INFORMATION CONTACT: Josh reporting burdens. Send comments required supporting documents to the Keaton, 907–586–7228. regarding the burden estimates, or any RA prior to the applicable deadline for SUPPLEMENTARY INFORMATION: NMFS other aspect of this data collection, renewal of the permit, license, or manages the groundfish fishery in the including suggestions for reducing the endorsement, and at least 30 calendar GOA exclusive economic zone burden to Adam Bailey, NMFS days prior to the date on which the according to the Fishery Management Southeast Regional Office (see applicant desires to have the permit Plan for Groundfish of the Gulf of ADDRESSES), by email to OIRA_ made effective. Application forms and Alaska (FMP) prepared by the North Submission@omb.eop.gov, or fax to instructions for renewal are available 202–395–5806. Pacific Fishery Management Council online at sero.nmfs.noaa.gov or from the under authority of the Magnuson- Notwithstanding any other provision RA (Southeast Permits Office) at 1–877– Stevens Fishery Conservation and of the law, no person is required to 376–4877, Monday through Friday Management Act. Regulations governing respond to, and no person will be between 8 a.m. and 4:30 p.m., eastern fishing by U.S. vessels in accordance subject to penalty for failure to comply time. If the RA receives an incomplete with the FMP appear at subpart H of 50 with, a collection of information subject application, the RA will notify the CFR part 600 and 50 CFR part 679. to the requirements of the PRA, unless applicant of the deficiency. If the Regulations governing sideboard amozie on DSK3GDR082PROD with RULES that collection of information displays a applicant fails to correct the deficiency protections for GOA groundfish currently valid OMB control number. within 30 calendar days of the fisheries appear at subpart B of 50 CFR All currently approved collections of notification date by the RA, the part 680. information may be viewed at http:// application will be considered The 2018 Pacific cod sideboard limit www.cio.noaa.gov/services_programs/ abandoned. A permit, license, or established for non-AFA crab vessels, prasubs.html. endorsement that is not renewed within and that are operating as CVs using pot VerDate Sep<11>2014 16:00 Dec 12, 2018 Jkt 247001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1

Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 64035 gear in the Western Regulatory Area of operating as CVs using pot gear in the limits, and that are operating as CVs the GOA, is 564 metric tons (mt), as Western Regulatory Area of the GOA. using pot gear in the Western Regulatory established by the final 2018 and 2019 After the effective date of this closure Area of the GOA. NMFS was unable to harvest specifications for groundfish of the maximum retainable amounts at publish a notice providing time for the GOA (83 FR 8768, March 1, 2018). § 679.20(e) and (f) apply at any time public comment because the most during a trip. recent, relevant data only became In accordance with § 680.22(e)(2)(i), the Administrator, Alaska Region, Classification available as of December 6, 2018. NMFS (Regional Administrator) has This action responds to the best The AA also finds good cause to determined that the 2018 Pacific cod available information recently obtained waive the 30-day delay in the effective sideboard limit established for non-AFA from the fishery. The Assistant date of this action under 5 U.S.C. crab vessels that are operating as CVs Administrator for Fisheries, NOAA 553(d)(3). This finding is based upon using pot gear in the Western Regulatory (AA), finds good cause to waive the the reasons provided above for waiver of Area of the GOA will soon be reached. requirement to provide prior notice and prior notice and opportunity for public Therefore, the Regional Administrator is opportunity for public comment comment. establishing a sideboard directed fishing pursuant to the authority set forth at 5 This action is required by § 680.22 allowance of 560 mt, and is setting aside U.S.C. 553(b)(B) as such requirement is and is exempt from review under the remaining 4 mt as bycatch to impracticable and contrary to the public Executive Order 12866. support other anticipated groundfish interest. This requirement is Authority: 16 U.S.C. 1801 et seq. fisheries. In accordance with impracticable and contrary to the public § 680.22(e)(3), the Regional interest as it would prevent NMFS from Dated: December 10, 2018. Administrator finds that this sideboard responding to the most recent fisheries Karen H. Abrams, directed fishing allowance has been data in a timely fashion and would Acting Director, Office of Sustainable reached. Consequently, NMFS is delay the sideboard directed fishing Fisheries, National Marine Fisheries Service. prohibiting directed fishing for Pacific closure of Pacific cod for non-AFA crab [FR Doc. 2018–26971 Filed 12–10–18; 4:15 pm] cod by non-AFA crab vessels that are vessels that are subject to sideboard BILLING CODE 3510–22–P amozie on DSK3GDR082PROD with RULES VerDate Sep<11>2014 16:00 Dec 12, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 E:\FR\FM\13DER1.SGM 13DER1


Document Created: 2018-12-13 01:16:11
Document Modified: 2018-12-13 01:16:11
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 10, 2018, through 2400 hours, A.l.t., December 31, 2018.
ContactJosh Keaton, 907-586-7228.
FR Citation83 FR 64034 
RIN Number0648-XG67
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