83_FR_7015 83 FR 6982 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska

83 FR 6982 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by 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 33 (February 16, 2018)

Page Range6982-6983
FR Document2018-03266

NMFS is prohibiting directed fishing for Pacific cod by vessels 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 total allowable catch apportioned to vessels using pot gear in the Central Regulatory Area of the GOA.

Federal Register, Volume 83 Issue 33 (Friday, February 16, 2018)
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6982-6983]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03266]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160920866-7167-02]
RIN 0648-XF891


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by 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 
vessels 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 total allowable catch 
apportioned to vessels using pot gear in the Central Regulatory Area of 
the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 14, 
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 total allowable 
catch (TAC) apportioned to vessels using pot gear in the Central 
Regulatory Area of the GOA is 1,075 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 inseason adjustment (82 FR 
60327, December 20, 2017).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator) has determined that the A season 
allowance of the 2018 Pacific cod TAC apportioned to vessels using pot 
gear in the Central Regulatory Area of the GOA will soon be reached. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 1,065 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 
vessels 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

[[Page 6983]]

(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 vessels 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 12, 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 13, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-03266 Filed 2-13-18; 4:15 pm]
 BILLING CODE 3510-22-P



                                             6982              Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

                                                The closing date for comments on the                 the deleted site may be restored to the               is necessary to prevent exceeding the A
                                             notification of deletion was January 2,                 NPL without application of the hazard                 season allowance of the 2018 Pacific
                                             2018. Six (6) public comments were                      ranking system. Deletion of a site from               cod total allowable catch apportioned to
                                             received and three of the comments                      the NPL does not affect responsible                   vessels using pot gear in the Central
                                             questioned whether EPA completed                        party liability in the unlikely event that            Regulatory Area of the GOA.
                                             what is required under CERCLA and                       future conditions warrant further                     DATES: Effective 1200 hours, Alaska
                                             whether deletion of the Site was                        actions.                                              local time (A.l.t.), February 14, 2018,
                                             appropriate; the remaining three                                                                              through 1200 hours, A.l.t., June 10,
                                             comments did not articulate a position                  List of Subjects in 40 CFR Part 300
                                                                                                                                                           2018.
                                             on the proposed deletion. As a result of                  Environmental protection, Air
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                             the comments, EPA published a                           pollution control, Chemicals, Hazardous
                                                                                                                                                           Obren Davis, 907–586–7228.
                                             notification of withdrawal of the direct                waste, Hazardous substances,
                                             final rule in the Federal Register (83 FR               Intergovernmental relations, Penalties,               SUPPLEMENTARY INFORMATION: NMFS
                                             4431) on January 31, 2018, withdrawing                  Reporting and recordkeeping                           manages the groundfish fishery in the
                                             the direct final deletion for the Site and              requirements, Superfund, Water                        GOA exclusive economic zone
                                             announcing it would evaluate and                        pollution control, Water supply.                      according to the Fishery Management
                                             respond to the significant comments                                                                           Plan for Groundfish of the Gulf of
                                                                                                       Dated: January 29, 2018.                            Alaska (FMP) prepared by the North
                                             and, if appropriate, proceed with the
                                                                                                     Alexandra Dapolito Dunn,                              Pacific Fishery Management Council
                                             traditional two-step deletion process.
                                                After consideration of the comments                  Regional Administrator Region 1.                      under authority of the Magnuson-
                                             received, EPA concluded that the                          For reasons set out in the preamble,                Stevens Fishery Conservation and
                                             deletion of the Site is still appropriate.              40 CFR part 300 is amended as follows:                Management Act. Regulations governing
                                             Based on EPA’s evaluation of the data,                                                                        fishing by U.S. vessels in accordance
                                             the remedy protects human health and                    PART 300—NATIONAL OIL AND                             with the FMP appear at subpart H of 50
                                             the environment because remediation of                  HAZARDOUS SUBSTANCES                                  CFR part 600 and 50 CFR part 679.
                                             the soil (soil removal and on-site                      POLLUTION CONTINGENCY PLAN                            Regulations governing sideboard
                                             consolidation) has been completed to                                                                          protections for GOA groundfish
                                             cleanup levels that are considered                      ■ 1. The authority citation for part 300              fisheries appear at subpart B of 50 CFR
                                             protective for the anticipated future use               continues to read as follows:                         part 680.
                                             of the property, there is no current use                  Authority: 33 U.S.C. 1321(d); 42 U.S.C.                The A season allowance of the 2018
                                             of on-site groundwater which is                         9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,            Pacific cod total allowable catch (TAC)
                                             classified as non-potable, and                          2013 Comp., p. 306; E.O. 12777, 56 FR 54757,          apportioned to vessels using pot gear in
                                             institutional controls are in place.                    3 CFR, 1991 Comp., p. 351; E.O. 12580, 52             the Central Regulatory Area of the GOA
                                             Operation and maintenance activities                    FR 2923, 3 CFR, 1987 Comp., p. 193.                   is 1,075 metric tons (mt), as established
                                             are on-going and will ensure that the                   Appendix B to Part 300—[Amended]                      by the final 2017 and 2018 harvest
                                             consolidation area and associated                                                                             specifications for groundfish of the GOA
                                             components of the remedy (e.g.,                         ■  2. Table 1 of appendix B to part 300               (82 FR 12032, February 27, 2017) and
                                             groundwater monitoring wells) remain                    is amended by removing ‘‘MA’’,                        inseason adjustment (82 FR 60327,
                                             in good condition. In addition,                         ‘‘Hatheway and Patterson Company’’,                   December 20, 2017).
                                             monitoring of groundwater will                          ‘‘Mansfield’’.                                           In accordance with § 679.20(d)(1)(i),
                                             continue to assess the protectiveness of                [FR Doc. 2018–03275 Filed 2–15–18; 8:45 am]           the Administrator, Alaska Region,
                                             the remedy. Monitoring data collected                   BILLING CODE 6560–50–P
                                                                                                                                                           NMFS (Regional Administrator) has
                                             as part of the operation and                                                                                  determined that the A season allowance
                                             maintenance plan for the Site will                                                                            of the 2018 Pacific cod TAC
                                             continue to be collected for the                                                                              apportioned to vessels using pot gear in
                                                                                                     DEPARTMENT OF COMMERCE
                                             foreseeable future and the data will be                                                                       the Central Regulatory Area of the GOA
                                             continuously evaluated. The data will                   National Oceanic and Atmospheric                      will soon be reached. Therefore, the
                                             be reported as part of the next Five-                   Administration                                        Regional Administrator is establishing a
                                             Year Review scheduled for 2019. During                                                                        directed fishing allowance of 1,065 mt
                                             the Five-Year Review, EPA will evaluate                 50 CFR Part 679                                       and is setting aside the remaining 10 mt
                                             whether the remedy remains protective.                                                                        as bycatch to support other anticipated
                                             If additional actions are warranted, EPA                [Docket No. 160920866–7167–02]                        groundfish fisheries. In accordance with
                                             will implement those actions. A                                                                               § 679.20(d)(1)(iii), the Regional
                                                                                                     RIN 0648–XF891
                                             responsiveness summary was prepared                                                                           Administrator finds that this directed
                                             which addresses all comments received                   Fisheries of the Exclusive Economic                   fishing allowance has been reached.
                                             on the deletion and provides further                    Zone Off Alaska; Pacific Cod by                       Consequently, NMFS is prohibiting
                                             rationale that the deletion is                          Vessels Using Pot Gear in the Central                 directed fishing for Pacific cod by
                                             appropriate. The responsiveness                         Regulatory Area of the Gulf of Alaska                 vessels using pot gear in the Central
                                             summary may be viewed in both the                                                                             Regulatory Area of the GOA. After the
                                             docket, EPA–HQ–SFUND–2002–0001,                         AGENCY:  National Marine Fisheries                    effective date of this closure the
                                             on www.regulations.gov, and in the                      Service (NMFS), National Oceanic and                  maximum retainable amounts at
                                             local repositories listed above.                        Atmospheric Administration (NOAA),                    § 679.20(e) and (f) apply at any time
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                                                EPA maintains the NPL as the list of                 Commerce.                                             during a trip.
                                             sites that appear to present a significant              ACTION: Temporary rule; closure.
                                             risk to public health, welfare, or the                                                                        Classification
                                             environment. Deletion from the NPL                      SUMMARY:   NMFS is prohibiting directed                  This action responds to the best
                                             does not preclude further remedial                      fishing for Pacific cod by vessels using              available information recently obtained
                                             action. Whenever there is a significant                 pot gear in the Central Regulatory Area               from the fishery. The Assistant
                                             release from a site deleted from the NPL,               of the Gulf of Alaska (GOA). This action              Administrator for Fisheries, NOAA


                                        VerDate Sep<11>2014   17:46 Feb 15, 2018   Jkt 244001   PO 00000   Frm 00034   Fmt 4700   Sfmt 4700   E:\FR\FM\16FER1.SGM   16FER1


                                                               Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations                                               6983

                                             (AA), finds good cause to waive the                     the Central Regulatory Area of the GOA.                 This action is required by § 679.20
                                             requirement to provide prior notice and                 NMFS was unable to publish a notice                   and is exempt from review under
                                             opportunity for public comment                          providing time for public comment                     Executive Order 12866.
                                             pursuant to the authority set forth at 5                because the most recent, relevant data
                                                                                                                                                             Authority: 16 U.S.C. 1801 et seq.
                                             U.S.C. 553(b)(B) as such requirement is                 only became available as of February 12,
                                             impracticable and contrary to the public                2018.                                                   Dated: February 13, 2018.
                                             interest. This requirement is                             The AA also finds good cause to                     Emily H. Menashes,
                                             impracticable and contrary to the public                waive the 30-day delay in the effective               Acting Director, Office of Sustainable
                                             interest as it would prevent NMFS from                  date of this action under 5 U.S.C.                    Fisheries, National Marine Fisheries Service.
                                             responding to the most recent fisheries                 553(d)(3). This finding is based upon                 [FR Doc. 2018–03266 Filed 2–13–18; 4:15 pm]
                                             data in a timely fashion and would                      the reasons provided above for waiver of
                                                                                                                                                           BILLING CODE 3510–22–P
                                             delay the directed fishing closure of                   prior notice and opportunity for public
                                             Pacific cod by vessels using pot gear in                comment.
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                                        VerDate Sep<11>2014   17:46 Feb 15, 2018   Jkt 244001   PO 00000   Frm 00035   Fmt 4700   Sfmt 9990   E:\FR\FM\16FER1.SGM   16FER1



Document Created: 2018-02-16 00:55:22
Document Modified: 2018-02-16 00:55:22
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 14, 2018, through 1200 hours, A.l.t., June 10, 2018.
ContactObren Davis, 907-586-7228.
FR Citation83 FR 6982 
RIN Number0648-XF89

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