83_FR_6504 83 FR 6473 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area

83 FR 6473 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range6473-6474
FR Document2018-03087

NMFS is prohibiting directed fishing for Pacific cod by trawl catcher vessels in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2018 Pacific cod allocation of the total allowable catch (TAC) for the Bering Sea Trawl Catcher Vessel A- Season Sector Limitation in the Bering Sea subarea of the BSAI.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018) 
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Rules and Regulations]
[Pages 6473-6474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03087]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XG023


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in the Bering Sea Subarea of the Bering Sea and Aleutian Islands 
Management Area

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 trawl 
catcher vessels in the Bering Sea subarea of the

[[Page 6474]]

Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2018 Pacific cod allocation of the 
total allowable catch (TAC) for the Bering Sea Trawl Catcher Vessel A-
Season Sector Limitation in the Bering Sea subarea of the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 11, 
2018, through 1200 hours, A.l.t., April 1, 2018.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 allocation of Pacific cod total allowable catch (TAC) for 
the Bering Sea Trawl Catcher Vessel A-Season Sector Limitation in the 
Bering Sea subarea of the BSAI is 24,768 metric tons (mt) as 
established by the final 2017 and 2018 harvest specifications for 
groundfish in the BSAI (82 FR 11826, February 26, 2017) and inseason 
adjustment (82 FR 60329, December 20, 2017).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2018 
allocation of Pacific cod TAC for the Bering Sea Trawl Catcher Vessel 
A-Season Sector Limitation in the Bering Sea subarea of the BSAI will 
soon be reached. Therefore, the Regional Administrator is establishing 
a directed fishing allowance of 23,268 mt and is setting aside the 
remaining 1,500 mt as incidental catch 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 trawl catcher vessels in the Bering Sea subarea of the 
BSAI.
    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 closure of directed fishing for Pacific cod by trawl 
catcher vessels in the Bering Sea subarea of the BSAI. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of February 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 is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 9, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-03087 Filed 2-9-18; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations 6473 NMFS published a proposed rule to A total of 10 public comments Regional Administrator means the implement Amendment 16 in the relevant to this action were received on Regional Administrator, West Coast Federal Register (82 FR 55551), with a Amendment 16 and the proposed rule. Region, NMFS, 501 W. Ocean comment period ending December 22, Commenters consisted of West Coast Boulevard, Suite 4200, Long Beach, CA 2017. NMFS approved Amendment 16 fishing industry representatives, seafood 90802–4213, or a designee. on February 1, 2018. companies, fishermen, and charter boat * * * * * This final rule implements owners/operators. All comments ■ 3. In § 660.505, revise paragraph (i) to Amendment 16 by allowing ‘‘minor expressed support for Amendment 16, read as follows: directed fishing’’ for CPS finfish after a primarily noting that the ability to directed fishery has been closed. harvest small amounts of sardine will § 660.505 Prohibitions. Current regulations allow live bait provide new business opportunities to * * * * * fishing and incidental landings to small-scale fishermen, including sale to (i) When a directed fishery has been continue even after a directed fishery specialty markets, restaurants, and as closed, take and retain, possess, or land closure; this rule allows a small sector dead bait. No changes were made from more than the incidental trip limit of the CPS fishery that is not part of the the proposed rule. announced in the Federal Register, or a primary commercial directed fishery to directed trip limit as described in harvest minor amounts of CPS even Classification § 660.511(d). during a directed fishery closure. This Pursuant to section 304(b)(1)(A) of the minor directed fishery intentionally * * * * * MSA, the NMFS Assistant targets CPS and typically sells the catch ■ 4. In § 660.511, revise paragraph (d) to Administrator has determined that this as specialty dead bait to recreational read as follows: final rule is consistent with the FMP as and commercial fisheries, or as fresh revised by Amendment 16, other § 660.511 Catch restrictions. fish to restaurants and the public. Total provisions of the MSA, and other landings from this sector typically make * * * * * applicable law. (d) After the directed fishery for a CPS up less than one percent of the total This final rule has been determined to landings of any particular CPS stock. is closed under § 660.509, no person be not significant for purposes of may take and retain, possess or land Currently, directed fishing closures Executive Order 12866. apply even to minor directed fisheries. more of that species than the incidental This final rule will allow minor The Chief Counsel for Regulation of trip limit set by the Regional directed fishing to continue after a the Department of Commerce certified Administrator, except the following directed fishery is closed. Minor to the Chief Counsel for Advocacy of the directed fisheries may continue until directed fishing will be allowed unless Small Business Administration during the effective date of a Federal Register otherwise specified by NMFS when the proposed rule stage that this action document published by the Regional closing the directed fishery, or if an would not have a significant economic Administrator that the annual catch applicable ACL is anticipated to be impact on a substantial number of small limit has been reached or is projected to exceeded. To prevent this rule from entities. The factual basis for the be reached: being exploited by those who would certification was published in the (1) Fishing exclusively for live bait; make large aggregate harvests, ‘‘minor proposed rule and is not repeated here. (2) Minor directed fishing for finfish directed fishing’’ is limited to landings No comments were received regarding that does not exceed 1 mt per day per that do not exceed 1 mt per day per this certification. As a result, a vessel or person, and which is limited vessel or person or one fishing trip per regulatory flexibility analysis was not to 1 fishing trip per day by any vessel. day by any vessel. The intent of required and none was prepared. * * * * * distinguishing between a ‘‘vessel’’ and List of Subjects in 50 CFR Part 660 [FR Doc. 2018–03040 Filed 2–13–18; 8:45 am] ‘‘person’’ in these regulations is that BILLING CODE 3510–22–P some minor directed fishermen target Fisheries, Fishing, Reporting and CPS from a platform other than a vessel recordkeeping requirements. (e.g., beach seine); in that case, a single Dated: February 8, 2018. DEPARTMENT OF COMMERCE fishing trip (e.g., a single haul of a beach Samuel D. Rauch, III, seine) may only land a few hundred National Oceanic and Atmospheric Deputy Assistant Administrator for Administration pounds. Therefore, Amendment 16 Regulatory Programs, National Marine allows a person not using a vessel to Fisheries Service. make multiple fishing trips in a single 50 CFR Part 679 day as long as the person’s total For the reasons set out in the [Docket No. 161020985–7181–02] landings do not exceed 1 mt in a day. preamble, 50 CFR part 660 is amended Vessels are limited to a single trip per as follows: RIN 0648–XG023 day as their typical landings are much Fisheries of the Exclusive Economic PART 660—FISHERIES OFF WEST greater per trip. For vessels, the 1-mt Zone Off Alaska; Pacific Cod in the COAST STATES daily landing restriction functions like a Bering Sea Subarea of the Bering Sea trip limit. 1. The authority citation for part 660 ■ and Aleutian Islands Management Area This rule also updates the definition continues to read as follows: of ‘‘Regional Administrator’’ to reflect AGENCY: National Marine Fisheries the absorption of the former NMFS Authority: 16 U.S.C. 1801 et seq., 16 Service (NMFS), National Oceanic and Southwest Region into the West Coast U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. daltland on DSKBBV9HB2PROD with RULES Atmospheric Administration (NOAA), Region, and to explicitly reference the ■ 2. In § 660.502, revise the definition of Commerce. fact that directed ‘‘live bait’’ fisheries ‘‘Regional Administrator’’ to read as ACTION: Temporary rule; closure. may continue to operate after most other follows: directed fishing is prohibited (which is SUMMARY: NMFS is prohibiting directed an original provision of the FMP, not a § 660.502 Definitions. fishing for Pacific cod by trawl catcher change made by Amendment 16). * * * * * vessels in the Bering Sea subarea of the VerDate Sep<11>2014 18:30 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\14FER1.SGM 14FER1

6474 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations Bering Sea and Aleutian Islands groundfish in the BSAI (82 FR 11826, requirement to provide prior notice and management area (BSAI). This action is February 26, 2017) and inseason opportunity for public comment necessary to prevent exceeding the 2018 adjustment (82 FR 60329, December 20, pursuant to the authority set forth at 5 Pacific cod allocation of the total 2017). U.S.C. 553(b)(B) as such requirement is allowable catch (TAC) for the Bering Sea In accordance with § 679.20(d)(1)(i), impracticable and contrary to the public Trawl Catcher Vessel A-Season Sector the Administrator, Alaska Region, interest. This requirement is Limitation in the Bering Sea subarea of NMFS (Regional Administrator), has impracticable and contrary to the public the BSAI. determined that the 2018 allocation of interest as it would prevent NMFS from DATES: Effective 1200 hours, Alaska Pacific cod TAC for the Bering Sea responding to the most recent fisheries local time (A.l.t.), February 11, 2018, Trawl Catcher Vessel A-Season Sector data in a timely fashion and would through 1200 hours, A.l.t., April 1, Limitation in the Bering Sea subarea of delay the closure of directed fishing for 2018. the BSAI will soon be reached. Pacific cod by trawl catcher vessels in Therefore, the Regional Administrator is the Bering Sea subarea of the BSAI. FOR FURTHER INFORMATION CONTACT: Josh establishing a directed fishing NMFS was unable to publish a notice Keaton, 907–586–7228. allowance of 23,268 mt and is setting providing time for public comment SUPPLEMENTARY INFORMATION: NMFS aside the remaining 1,500 mt as because the most recent, relevant data manages the groundfish fishery in the incidental catch to support other only became available as of February 8, BSAI exclusive economic zone anticipated groundfish fisheries. In 2018. according to the Fishery Management accordance with § 679.20(d)(1)(iii), the The AA also finds good cause to Plan for Groundfish of the Bering Sea Regional Administrator finds that this waive the 30-day delay in the effective and Aleutian Islands Management Area directed fishing allowance has been date of this action under 5 U.S.C. (FMP) prepared by the North Pacific reached. Consequently, NMFS is 553(d)(3). This finding is based upon Fishery Management Council under prohibiting directed fishing for Pacific the reasons provided above for waiver of authority of the Magnuson-Stevens cod by trawl catcher vessels in the prior notice and opportunity for public Fishery Conservation and Management Bering Sea subarea of the BSAI. comment. Act. Regulations governing fishing by After the effective date of this closure This action is required by § 679.20 U.S. vessels in accordance with the FMP the maximum retainable amounts at and is exempt from review under appear at subpart H of 50 CFR part 600 § 679.20(e) and (f) apply at any time Executive Order 12866. and 50 CFR part 679. during a trip. Authority: 16 U.S.C. 1801 et seq. The 2018 allocation of Pacific cod total allowable catch (TAC) for the Classification Dated: February 9, 2018. Bering Sea Trawl Catcher Vessel A- This action responds to the best Emily H. Menashes, Season Sector Limitation in the Bering available information recently obtained Acting Director, Office of Sustainable Sea subarea of the BSAI is 24,768 metric from the fishery. The Assistant Fisheries, National Marine Fisheries Service. tons (mt) as established by the final Administrator for Fisheries, NOAA [FR Doc. 2018–03087 Filed 2–9–18; 4:15 pm] 2017 and 2018 harvest specifications for (AA), finds good cause to waive the BILLING CODE 3510–22–P daltland on DSKBBV9HB2PROD with RULES VerDate Sep<11>2014 18:30 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 9990 E:\FR\FM\14FER1.SGM 14FER1


Document Created: 2018-02-14 03:59:08
Document Modified: 2018-02-14 03:59:08
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 11, 2018, through 1200 hours, A.l.t., April 1, 2018.
ContactJosh Keaton, 907-586-7228.
FR Citation83 FR 6473 
RIN Number0648-XG02
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