[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Page 48561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20952]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG501


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Hook-and-Line Catcher/Processors 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 hook-
and-line catcher/processors in the Western Regulatory Area of the Gulf 
of Alaska (GOA). This action is necessary to prevent exceeding the 
annual allowance of the 2018 Pacific cod total allowable catch 
apportioned to hook-and-line catcher/processors in the Western 
Regulatory Area of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 21, 
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 annual allowance of the 2018 Pacific cod total allowable catch 
(TAC) apportioned to hook-and-line catcher/processors in the Western 
Regulatory Area of the GOA is 1,103 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 determined that the annual 
allowance of the 2018 Pacific cod TAC apportioned to hook-and-line 
catcher/processors in the Western Regulatory Area of the GOA will soon 
be reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 1,090 mt and is setting aside the 
remaining 13 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 hook-and-line catcher/processors in the Western 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 hook-and-
line catcher/processors 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 
September 20, 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: September 21, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20952 Filed 9-21-18; 4:15 pm]
 BILLING CODE 3510-22-P