[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Rules and Regulations]
[Pages 55823-55824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24429]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG427


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel 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 Atka mackerel in the 
Bering Sea subarea and Eastern Aleutian district (BS/EAI) of the Bering 
Sea and Aleutian Islands management area (BSAI) by vessels 
participating in the BSAI trawl limited access fishery. This action is 
necessary to prevent exceeding the 2018 total allowable catch (TAC) of 
Atka mackerel in this area allocated to vessels participating in the 
BSAI trawl limited access fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 5, 
2018, through 2400 hrs, A.l.t., December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

[[Page 55824]]

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 TAC of Atka mackerel, in the BS/EAI, allocated to vessels 
participating in the BSAI trawl limited access fishery was established 
as a directed fishing allowance of 3,164 metric tons by the final 2018 
and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, 
February 27, 2018).
    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 Atka 
mackerel in the BS/EAI by vessels participating in the BSAI trawl 
limited access fishery.
    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 a 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 the Atka mackerel directed fishery in the 
BS/EAI for vessels participating in the BSAI trawl limited access 
fishery. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of November 2, 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: November 5, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-24429 Filed 11-5-18; 4:15 pm]
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