[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Page 42609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18218]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG378


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2018 Gulf of Alaska Pollock Seasonal Apportionments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS is adjusting the 2018 C seasonal apportionments of the 
total allowable catch (TAC) for pollock in the Gulf of Alaska (GOA) by 
re-apportioning unharvested pollock TAC in Statistical Area 630 of the 
GOA. This action is necessary to provide opportunity for harvest of the 
2018 pollock TAC, consistent with the goals and objectives of the 
Fishery Management Plan for Groundfish of the Gulf of Alaska.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 20, 
2018, until 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 (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 annual pollock TACs in Statistical Areas 610, 620, and 630 of 
the GOA are apportioned among four seasons, in accordance with Sec.  
679.23(d)(2). Regulations at Sec.  679.20(a)(5)(iv)(B) allow the 
underharvest of a seasonal apportionment to be added to subsequent 
seasonal apportionments, provided that any revised seasonal 
apportionment does not exceed 20 percent of the seasonal apportionment 
for a given statistical area. Therefore, NMFS is increasing the C 
season apportionment of pollock in Statistical Area 630 of the GOA to 
reflect the underharvest of pollock in Statistical Area 630 during the 
B season. In addition, any underharvest remaining beyond 20 percent of 
the originally specified seasonal apportionment in a particular area 
may be further apportioned to other statistical areas. Therefore, NMFS 
also is increasing the C season apportionment of pollock to Statistical 
Areas 610 and 620 based on the underharvest of pollock in Statistical 
Area 630 of the GOA. These adjustments are described below.
    The C seasonal apportionment of the 2018 pollock TAC in Statistical 
Area 610 of the GOA is 13,777 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(a)(5)(iv)(B), the Administrator, Alaska Region, NMFS (Regional 
Administrator), hereby increases the C season apportionment for 
Statistical Area 610 by 611 mt to account for the underharvest of the 
TAC in Statistical Area 630 in the B season. This increase is in 
proportion to the estimated pollock biomass and is not greater than 20 
percent of the C seasonal apportionment of the TAC in Statistical Area 
610. Therefore, the revised C seasonal apportionment of the pollock TAC 
in Statistical Area 610 is 14,388 mt (13,777 mt plus 611 mt).
    The C seasonal apportionment of the 2018 pollock TAC in Statistical 
Area 620 of the GOA is 10,013 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(a)(5)(iv)(B), the 
Regional Administrator hereby increases the C seasonal apportionment 
for Statistical Area 620 by 443 mt to account for the underharvest of 
the TAC in Statistical Area 630 in the B season. This increase is not 
greater than 20 percent of the C seasonal apportionment of the TAC in 
Statistical Area 620. Therefore, the revised C seasonal apportionment 
of the pollock TAC in Statistical Area 620 is 10,456 mt (10,013 mt plus 
443 mt).
    The C seasonal apportionment of the 2018 pollock TAC in Statistical 
Area 630 of the GOA is 13,865 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(a)(5)(iv)(B), the 
Regional Administrator hereby increases the C seasonal apportionment 
for Statistical Area 630 by 2,773 mt to account for the underharvest of 
the TAC in Statistical Area 630 in the B season. This increase is in 
proportion to the estimated pollock biomass and is not greater than 20 
percent of the C seasonal apportionment of the TAC in Statistical Area 
630. Therefore, the revised C seasonal apportionment of pollock TAC in 
Statistical Area 630 is 16,638 mt (13,865 mt plus 2,773 mt).

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 provide opportunity to harvest increased pollock seasonal 
apportionments. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of August 15, 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: August 20, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18218 Filed 8-20-18; 4:15 pm]
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