[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Rules and Regulations]
[Pages 54881-54882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23909]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170817779-8161-02]
RIN 0648-XG477
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Greater Than or Equal to 60 Feet Length Overall
Using Pot Gear in 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
catcher vessels greater than or equal to 60 feet (18.3 meters (m))
length overall (LOA) using pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the 2018 Pacific cod total allowable catch allocated to
catcher vessels greater than or equal to 60 feet (18.3m) LOA using pot
gear in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 30,
2018, through 1200 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
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 Pacific cod total allowable catch (TAC) allocated to
catcher vessels greater than or equal to 60 feet (18.3m) LOA using pot
gear in the BSAI is 15,235 metric tons (mt) as established by the final
2018 and 2019 harvest specifications for groundfish in the BSAI (89 FR
8365, February 27, 2018).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the
2018 Pacific cod TAC allocated as a directed fishing allowance to
catcher vessels greater than or equal to 60 feet (18.3m) LOA using pot
gear in the BSAI will soon be reached. Consequently, NMFS is
prohibiting directed fishing for Pacific cod by catcher vessels greater
than or
[[Page 54882]]
equal to 60 feet (18.3m) LOA using pot gear in the BSAI.
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 closure of directed fishing for Pacific cod by catcher
vessels greater than or equal to 60 feet (18.3m) LOA using pot gear in
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 October 26, 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: October 29, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-23909 Filed 10-29-18; 4:15 pm]
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