Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 18235-18236 [2018-08782]
Download as PDF
<![CDATA[
rmajette on DSKBCKNHB2PROD with RULES
Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations
all non-zero forecast abundance.
Because of this feature, this action is
unlikely to result in fishery closure in
the analysis area. The selected
alternative also provides increased
certainty to operators over the status
quo, in which the Council has elected
lower impact rates than specified by the
current control rule. Therefore, this
action would be expected to have a
positive impact of low magnitude on
economic benefits to fishery-dependent
communities that would vary year-toyear, but not likely to be significant.
Commercial trollers and charter
operators face a variety of constraining
stocks. In no year has SWRC been the
only constraining stock. Entities are
constrained by both ESA-listed and nonlisted species; the years that had the
most constrained fisheries in the last
decade were 2008 and 2009, when
fisheries in the analysis area were
closed to limit impacts to Sacramento
River fall Chinook, not an ESA-listed
species, rather than the ESA-listed
species SRWC. Thus, while entities will
likely continue to face constraints
relative to fishing opportunities,
because the action is expected to
provide low-positive benefits to both
commercial and charter operators,
NMFS does not expect the rule to
impose significant negative economic
effects.
This final rule does not establish any
new reporting or recordkeeping
requirements. This final rule does not
include a collection of information. No
Federal rules have been identified that
duplicate, overlap, or conflict with this
action.
This action is the subject of a
consultation under section 7 of the ESA.
NMFS has prepared a biological opinion
on the effects of this action on SRWC.
The biological opinion concluded that
the action does not jeopardize SRWC.
This action is not expected to have
adverse effects on any other species
listed under the ESA or designated
critical habitat. This action implements
a new harvest control rule to limit
impacts on SRWC from the ocean
salmon fishery and will be used in the
setting of annual management measures
for West Coast salmon fisheries. NMFS
has current ESA biological opinions that
cover fishing under annual regulations
adopted under the FMP on all ESAlisted salmon species. Some of NMFS
past biological opinions have found no
jeopardy, and others have found
jeopardy, but provided reasonable and
prudent alternatives to avoid jeopardy.
The annual management measures are
designed to be consistent with the
biological opinions that found no
jeopardy, and with the reasonable and
VerDate Sep<11>2014
14:41 Apr 25, 2018
Jkt 244001
prudent alternatives in the jeopardy
biological opinions.
The AA finds that good cause exists
under 5 U.S.C. 553(d)(3), to waive the
30-day delay in effectiveness. This rule
implements changes in management
measures to limit incidental catch of
endangered SRWC in fisheries managed
under the Council’s FMP; these
management measures will be used in
setting ocean salmon fisheries,
beginning in 2018. As previously
discussed, the actions in this rule were
developed through the Council process.
The actions were adopted by the
Council over multiple Council meetings
and the final recommendation was
transmitted to NMFS in December 2017.
Subsequently, NMFS completed a draft
NEPA analysis to accompany the
proposed rule. In order to complete this
work and include a meaningful public
comment opportunity on the proposed
rule, this rulemaking could not be
completed sooner. The Council
developed 2018 ocean salmon fishery
management measures at their April 5–
11, 2018 meeting based on the new
management framework described in
this rule. Delaying the effectiveness of
the actions in this rule by 30 days
would complicate NMFS’ ability to
make determinations regarding those
ocean salmon fishery management
measures that manage fishery impacts
on SRWC consistent with the best
available science prior to May 1, 2018,
when significant salmon fisheries start.
Because delaying the effectiveness of
this rule would mean delaying the
effectiveness of salmon fishery
management measures based on the best
available science, it would undermine
the purposes of this agency action and
the requirements of the MagnusonStevens Act (MSA). Specifically, the
management framework described in
this rule relies on new abundance
forecasting methodology that is forwardlooking and thus takes into account
environmental conditions that could
affect abundance in the future. This is
the best available science on which to
base decisions about fishery impacts on
SRWC.
This final rule was developed after
meaningful collaboration with West
Coast tribes, through the Council
process. Under the MSA at 16 U.S.C.
1852(b)(5), one of the voting members of
the Council must be a representative of
an Indian Tribe with Federally
recognized fishing rights from the area
of the Council’s jurisdiction. No tribes
with Federally recognized fishing rights
are expected to be affected by this rule.
Authority: 16 U.S.C. 1801 et seq.
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
18235
Dated: April 23, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–08767 Filed 4–25–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–8162–02]
RIN 0648–XG192
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the second seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA will be reached.
DATES: Effective 1200 hours, Alaska
local time, April 23, 2018, through 1200
hours, A.l.t., May 15, 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 MagnusonStevens 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 second seasonal apportionment
of the Pacific halibut bycatch allowance
specified for the trawl deep-water
species fishery in the GOA is 256 metric
tons as established by the final 2018 and
2019 harvest specifications for
groundfish of the GOA (83 FR 8768,
March 1, 2018), for the period 1200
hours, A.l.t., April 1, 2018, through
1200 hours, A.l.t., July 1, 2018.
In accordance with § 679.21(d)(6)(i),
the Administrator, Alaska Region,
SUMMARY:
E:\FR\FM\26APR1.SGM
26APR1
18236
Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations
rmajette on DSKBCKNHB2PROD with RULES
NMFS, has determined that the second
seasonal apportionment of the Pacific
halibut bycatch allowance specified for
the trawl deep-water species fishery in
the GOA will be reached. Consequently,
NMFS is prohibiting directed fishing for
the deep-water species fishery by
vessels using trawl gear in the GOA. The
species and species groups that
comprise the deep-water species fishery
include sablefish, rockfish, deep-water
flatfish, rex sole, and arrowtooth
flounder. This closure does not apply to
fishing by vessels participating in the
cooperative fishery in the Rockfish
Program for the Central GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
VerDate Sep<11>2014
14:41 Apr 25, 2018
Jkt 244001
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 the deep-water
species fishery by vessels using trawl
gear in the GOA. NMFS was unable to
publish a notice providing time for
PO 00000
Frm 00042
Fmt 4700
Sfmt 9990
public comment because the most
recent, relevant data only became
available as of April 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 § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 23, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–08782 Filed 4–23–18; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\26APR1.SGM
26APR1
]]>Agencies
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Rules and Regulations]
[Pages 18235-18236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08782]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170816769-8162-02]
RIN 0648-XG192
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water
Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for species that comprise
the deep-water species fishery by vessels using trawl gear in the Gulf
of Alaska (GOA). This action is necessary because the second seasonal
apportionment of the Pacific halibut bycatch allowance specified for
the deep-water species fishery in the GOA will be reached.
DATES: Effective 1200 hours, Alaska local time, April 23, 2018, through
1200 hours, A.l.t., May 15, 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.
The second seasonal apportionment of the Pacific halibut bycatch
allowance specified for the trawl deep-water species fishery in the GOA
is 256 metric tons as established by the final 2018 and 2019 harvest
specifications for groundfish of the GOA (83 FR 8768, March 1, 2018),
for the period 1200 hours, A.l.t., April 1, 2018, through 1200 hours,
A.l.t., July 1, 2018.
In accordance with Sec. 679.21(d)(6)(i), the Administrator, Alaska
Region,
[[Page 18236]]
NMFS, has determined that the second seasonal apportionment of the
Pacific halibut bycatch allowance specified for the trawl deep-water
species fishery in the GOA will be reached. Consequently, NMFS is
prohibiting directed fishing for the deep-water species fishery by
vessels using trawl gear in the GOA. The species and species groups
that comprise the deep-water species fishery include sablefish,
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder. This
closure does not apply to fishing by vessels participating in the
cooperative fishery in the Rockfish Program for the Central GOA.
After the effective date of this closure 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 the deep-water species fishery by vessels
using trawl gear in 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 April 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. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 23, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-08782 Filed 4-23-18; 4:15 pm]
BILLING CODE 3510-22-P
