Fisheries of the Exclusive Economic Zone Off Alaska; Rougheye Rockfish in the Bering Sea and Aleutian Islands Management Area, 42891-42892 [2013-17257]

Download as PDF 42891 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations operators are currently confused about whether or not they are required to call the industry-funded observer program when fishing in the NGOM. Implementing this clarification will alleviate unnecessary confusion. Moreover, pursuant to 5 U.S.C. 553(d), the Assistant Administrator finds good cause to waive the 30-day delay in effective date for the reasons given above. These revisions make only minor, non-substantive changes and do not change operating practices in the fishery. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. This final rule is exempt from review under Executive Order 12866. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. Dated: July 15, 2013. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. Accordingly, 50 CFR part 648 is corrected by making the following correcting amendments: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. must notify the NMFS/NEFOP by telephone by 0001 hr of the Thursday preceding the week (Sunday through Saturday) that they intend to start any open area or access area scallop trip and must include the port of departure, open area or specific Sea Scallop Access Area to be fished, and whether fishing as a scallop dredge, scallop trawl vessel. If selected, up to two trips that start during the specified week (Sunday through Saturday) can be selected to be covered by an observer. NMFS/NEFOP must be notified by the owner, operator, or vessel manager of any trip plan changes at least 48 hr prior to vessel departure. * * * * * (5) Owners of scallop vessels shall be responsible for paying the cost of the observer for all scallop trips on which an observer is carried onboard the vessel, regardless of whether the vessel lands or sells sea scallops on that trip, and regardless of the availability of setaside for an increased possession limit or reduced DAS accrual rate. The owners of vessels that carry an observer may be compensated with a reduced DAS accrual rate for open area scallop trips or additional scallop catch per day in Sea Scallop Access Areas or additional catch per open area or access area trip for LAGC IFQ trips in order to help defray the cost of the observer, under the program specified in §§ 648.53 and 648.60. * * * * * ■ 3. In § 648.53, the introductory text to paragraph (b)(4) is revised to read as follows: 2. In § 648.2, the definition for ‘‘open areas’’ is revised to read as follows: § 648.53 Acceptable biological catch (ABC), annual catch limits (ACL), annual catch targets (ACT), DAS allocations, and individual fishing quotas (IFQ). § 648.2 * ■ Definitions. pmangrum on DSK3VPTVN1PROD with RULES * * * * * Open areas, with respect to the Atlantic sea scallop fishery, means any area that is not subject to restrictions of the Sea Scallop Access Areas specified in §§ 648.59 and 648.60, Rotational Closed Areas specified in § 648.58, EFH Closed Areas specified in § 648.61, or the Northern Gulf of Maine Management Area specified in § 648.62. * * * * * ■ 3. In § 648.11, paragraph (g)(2)(ii) and the introductory text to paragraph (g)(5) are revised to read as follows: § 648.11 At-sea sea sampler/observer coverage. * * * * * (g) * * * (2) * * * (ii) LAGC IFQ vessels. LAGC IFQ vessel owners, operators, or managers VerDate Mar<15>2010 14:50 Jul 17, 2013 Jkt 229001 * * * * (b) * * * (4) Each vessel qualifying for one of the three DAS categories specified in the table in this paragraph (b)(4) (full-time, part-time, or occasional) shall be allocated the maximum number of DAS for each fishing year it may participate in the open area limited access scallop fishery, according to its category, excluding carryover DAS in accordance with paragraph (d) of this section. DAS allocations shall be determined by distributing the portion of ACT specified in paragraph (a)(3)(ii) of this section, as reduced by access area allocations specified in § 648.59, and dividing that amount among vessels in the form of DAS calculated by applying estimates of open area LPUE specified in paragraph (b)(1) of this section. Allocation for part-time and occasional scallop vessels shall be 40 percent and PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 8.33 percent of the full-time DAS allocations, respectively. The annual open area DAS allocations for each category of vessel for the fishing years indicated are as follows: SCALLOP OPEN AREA DAS ALLOCATIONS Permit category 2013 2014 Full-Time ............................... Part-Time .............................. Occasional ............................ 33 13 3 23 9 2 * * * * * [FR Doc. 2013–17270 Filed 7–17–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 121018563–3148–02] RIN 0648–XC761 Fisheries of the Exclusive Economic Zone Off Alaska; Rougheye Rockfish in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of rougheye rockfish in the Bering Sea subarea and Eastern Aleutian district (BS/EAI) of the Bering Sea and Aleutian Island management area (BSAI). This action is necessary because the 2013 total allowable catch of rougheye rockfish in the BS/EAI will soon be reached. SUMMARY: Effective 1200 hours, Alaska local time (A.l.t.), July 15, 2013, through 2400 hours, A.l.t., December 31, 2013. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. 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. DATES: E:\FR\FM\18JYR1.SGM 18JYR1 42892 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations The 2013 total allowable catch (TAC) of rougheye rockfish in the BS/EAI is 169 metric tons as established by the final 2013 and 2014 harvest specifications for groundfish of the BSAI (78 FR 13813, March 1, 2013). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2013 TAC of rougheye rockfish in the BS/EAI of the BSAI will soon be reached. Therefore, NMFS is requiring that rougheye rockfish in the BS/EAI of the BSAI be treated as prohibited species in accordance with § 679.21(b). Classification pmangrum on DSK3VPTVN1PROD with RULES This action responds to the best available information recently obtained VerDate Mar<15>2010 14:50 Jul 17, 2013 Jkt 229001 from the fishery. The Acting 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 prohibiting the retention of rougheye rockfish in the BS/EAI of 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 July 11, 2013. PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 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 §§ 679.20 and 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 15, 2013. Kelly Denit, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–17257 Filed 7–15–13; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\18JYR1.SGM 18JYR1

Agencies

[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42891-42892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17257]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 121018563-3148-02]
RIN 0648-XC761


Fisheries of the Exclusive Economic Zone Off Alaska; Rougheye 
Rockfish 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 retention of rougheye rockfish in the 
Bering Sea subarea and Eastern Aleutian district (BS/EAI) of the Bering 
Sea and Aleutian Island management area (BSAI). This action is 
necessary because the 2013 total allowable catch of rougheye rockfish 
in the BS/EAI will soon be reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 15, 2013, 
through 2400 hours, A.l.t., December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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.

[[Page 42892]]

    The 2013 total allowable catch (TAC) of rougheye rockfish in the 
BS/EAI is 169 metric tons as established by the final 2013 and 2014 
harvest specifications for groundfish of the BSAI (78 FR 13813, March 
1, 2013).
    In accordance with Sec.  679.20(d)(2), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2013 TAC 
of rougheye rockfish in the BS/EAI of the BSAI will soon be reached. 
Therefore, NMFS is requiring that rougheye rockfish in the BS/EAI of 
the BSAI be treated as prohibited species in accordance with Sec.  
679.21(b).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Acting 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 prohibiting the retention of rougheye rockfish 
in the BS/EAI of 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 July 11, 2013.
    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. Sec.  679.20 and 679.21 and is 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 15, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-17257 Filed 7-15-13; 4:15 pm]
BILLING CODE 3510-22-P

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