Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels, 28388-28389 [2018-13132]
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Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations
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Section 305(c)(2) of the MagnusonStevens Act provides the Council the
authority to request interim measures, if
necessary, to reduce overfishing. The
Council sent a letter to NMFS, dated
June 27, 2017, to request that NMFS
implement interim measures to
immediately reduce overfishing of
golden tilefish while long-term
management measures are developed to
end overfishing of golden tilefish.
Section 305(c)(3)(B) of the MagnusonStevens Act allows for interim measures
to be extended for one additional period
of 186 days provided that the public has
had an opportunity to comment on the
interim measures and that the Council
is actively preparing an FMP
amendment to address the overfishing
on a permanent basis. NMFS published
a proposed temporary rule on October
30, 2017, and requested public
comments on these interim measures
(82 FR 50101). NMFS responded to
public comments in the final temporary
rule published on January 2, 2018 (83
FR 65).
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
that the interim measures extended
through this temporary rule are
necessary for the conservation and
management of the South Atlantic
golden tilefish stock, until long-term
measures are implemented, and are
consistent with the FMP, the MagnusonStevens Act and other applicable laws.
This temporary rule extension has
been determined to be not significant for
purposes of Executive Order 12866.
This temporary rule extension is
exempt from the procedures of the RFA,
because the rule is issued without the
opportunity for prior notice and public
comment.
NMFS prepared an EA for the interim
measures contained in the January 2,
2018, final temporary rule (83 FR 65).
The EA analyzed the impacts of reduced
harvest through the 2018 fishing year,
which includes the impacts related to
extending the interim measures.
Therefore, the impacts of extending the
interim measures through this
temporary rule have already been
considered. Electronic copies of the EA
are available from NMFS (see
ADDRESSES).
This temporary rule extension
responds to the best scientific
information available. The Assistant
Administrator for NOAA Fisheries (AA)
finds that the need to immediately
implement this action constitutes good
cause to waive the requirements to
provide prior notice and opportunity for
public comment, pursuant to the
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20:20 Jun 18, 2018
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authority set forth in 5 U.S.C. 553(b)(B),
as such procedures for this temporary
rule extension are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because
NMFS already published a proposed
temporary rule on October 30, 2017, and
requested public comments on these
interim measures, including their
potential extension (82 FR 50101).
NMFS responded to public comments in
the final temporary rule published on
January 2, 2018 (83 FR 65). This
temporary rule extension continues the
interim measures unchanged for an
additional 186 days.
Prior notice and opportunity for
public comment are contrary to the
public interest because of the need to
continue these interim measures
without interruption to protect the
golden tilefish stock until the Council
and NMFS can prepare and possibly
implement management measures under
Regulatory Amendment 28 to end
overfishing of golden tilefish on a
permanent basis. Prior notice and
opportunity for public comment would
require time and could result in an
interruption of the interim measures
and, therefore, allow harvest in excess
of ACLs and quotas implemented by
this temporary rule extension, which
would contribute to overfishing of
golden tilefish. Allowing overfishing of
golden tilefish to continue would be
contrary to National Standard 1 of the
Magnuson-Stevens Act. National
Standard 1 requires NMFS to conserve
and manage ocean resources to prevent
overfishing, while achieving the
optimum yield from each fishery.
The AA also finds good cause to
waive the 30-day delay in this
temporary rule extension’s
effectiveness, pursuant to the authority
set forth in 5 U.S.C. 553(d)(3) as such
procedure for this temporary rule
extension is impracticable and contrary
to the public interest. A delay in
effectiveness is impracticable, because it
would contribute to overfishing of
golden tilefish, which is contrary to
National Standard 1 of the MagnusonStevens Act as stated previously.
Without this temporary rule extension
becoming effective immediately after
the duration of and without interruption
from the final temporary rule, which
would end after July 1, 2018, the
commercial and recreational sectors
would be able to harvest golden tilefish
under higher ACLs and quotas than
those implemented by the final
temporary rule and continued through
this temporary rule extension. These
harvests could result in further
overfishing of golden tilefish, contrary
to NMFS’ statutory obligations. By
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implementing this temporary rule
extension immediately, the total harvest
of golden tilefish would be reduced
until the Council and NMFS can
prepare and possibly implement
management measures under Regulatory
Amendment 28 to end overfishing of
golden tilefish on a permanent basis.
In addition, delaying the effectiveness
of this final temporary rule for 30 days
is contrary to the public interest because
of the need to immediately implement
this action to protect golden tilefish.
The capacity of the fishing fleet allows
for rapid harvest of the ACL. Delaying
the effectiveness of this temporary rule
extension would require time and could
potentially result in a harvest in excess
of the reduced ACLs implemented by
this temporary rule extension,
increasing the likelihood of future
overfishing and more restrictive
measures to address it.
Accordingly, the 30-day delay in
effectiveness of the measures contained
in this temporary rule extension is
waived.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–13120 Filed 6–18–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180202111–8353–02]
RIN 0648–XG267
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Closure of the Closed Area I Scallop
Access Area to General Category
Individual Fishing Quota Scallop
Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
Closed Area I Scallop Access Area is
closed to Limited Access General
Category Individual Fishing Quota
scallop vessels for the remainder of the
2018 fishing year. No vessel issued a
Limited Access General Category
Individual Fishing Quota permit may
fish for, possess, or land scallops from
SUMMARY:
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19JNR1
Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations
daltland on DSKBBV9HB2PROD with RULES
the Closed Area I Scallop Access Area.
Regulations require this action once it is
projected that 100 percent of trips
allocated to the Limited Access General
Category Individual Fishing Quota
scallop vessels for the Closed Area I
Scallop Access Area will be taken.
DATES: Effective 0001 hr local time, June
18, 2018, through March 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, (978) 282–8456.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the Sea Scallop Access Areas can be
found in 50 CFR 648.59 and 648.60.
These regulations authorize vessels
issued a valid Limited Access General
Category (LAGC) Individual Fishing
Quota (IFQ) scallop permit to fish in the
Closed Area I Scallop Access Area
under specific conditions, including a
total of 571 trips that may be taken
during the 2018 fishing year. Section
648.59(g)(3)(iii) requires the Closed Area
I Scallop Access Area to be closed to
LAGC IFQ permitted vessels for the
remainder of the fishing year once the
NMFS Greater Atlantic Regional
Administrator determines that the
allowed number of trips for fishing year
2018 are projected to be taken.
Based on trip declarations by LAGC
IFQ scallop vessels fishing in the Closed
Area I Scallop Access Area, analysis of
fishing effort, and other information,
NMFS projects that 571 trips will be
taken as of June 18, 2018. Therefore, in
accordance with § 648.59(g)(3)(iii),
NMFS is closing the Closed Area I
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Scallop Access Area to all LAGC IFQ
scallop vessels as of June 18, 2018. No
vessel issued an LAGC IFQ permit may
fish for, possess, or land scallops in or
from the Closed Area I Scallop Access
Area after 0001 local time, June 18,
2018. Any LAGC IFQ vessel that has
declared into the Closed Area I Access
Area scallop fishery, complied with all
trip notification and observer
requirements, and crossed the vessel
monitor system (VMS) demarcation line
on the way to the area before 0001, June
18, 2018, may complete its trip without
being subject to this closure. This
closure is in effect for the remainder of
the 2018 scallop fishing year, through
March 31, 2019.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866. NMFS finds
good cause pursuant to 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment
because it would be contrary to the
public interest and impracticable. The
Closed Area I Scallop Access Area
opened for the 2018 fishing year on
April 19, 2018. The regulations at
§ 648.59(g)(3)(iii) require this closure to
ensure that LAGC IFQ scallop vessels do
not take more than their allocated
number of trips in the Closed Area I
Scallop Access Area. The projected date
on which the LAGC IFQ fleet will have
taken all of its allocated trips in an
Access Area becomes apparent only as
trips into the area occur on a real-time
basis and as activity trends begin to
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28389
appear. As a result, NMFS can only
make an accurate projection very close
in time to when the fleet has taken all
of its trips. In order to propose a closure
for purposes of receiving prior public
comment, NMFS would need to make a
projection based on very little
information, which would result in a
closure too early or too late. To allow
LAGC IFQ scallop vessels to continue to
take trips in the Closed Area I Scallop
Access Area during the period necessary
to publish and receive comments on a
proposed rule would likely result in the
vessels taking much more than the
allowed number of trips in the Closed
Area I Scallop Access Area. Excessive
trips and harvest from the Closed Area
I Scallop Access Area would result in
excessive fishing effort in the area,
where effort controls are critical,
thereby undermining conservation
objectives of the Atlantic Sea Scallop
Fishery Management Plan and requiring
more restrictive future management
measures. Also, the public had prior
notice and full opportunity to comment
on this closure process when it was
enacted For these same reasons, NMFS
further finds, pursuant to 5 U.S.C
553(d)(3), good cause to waive the 30day delayed effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–13132 Filed 6–15–18; 8:45 am]
BILLING CODE 3510–22–P
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19JNR1
]]>Agencies
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28388-28389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13132]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180202111-8353-02]
RIN 0648-XG267
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Closure of the Closed Area I Scallop Access Area to General
Category Individual Fishing Quota Scallop Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Closed Area I Scallop Access Area is
closed to Limited Access General Category Individual Fishing Quota
scallop vessels for the remainder of the 2018 fishing year. No vessel
issued a Limited Access General Category Individual Fishing Quota
permit may fish for, possess, or land scallops from
[[Page 28389]]
the Closed Area I Scallop Access Area. Regulations require this action
once it is projected that 100 percent of trips allocated to the Limited
Access General Category Individual Fishing Quota scallop vessels for
the Closed Area I Scallop Access Area will be taken.
DATES: Effective 0001 hr local time, June 18, 2018, through March 31,
2019.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management
Specialist, (978) 282-8456.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60.
These regulations authorize vessels issued a valid Limited Access
General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit
to fish in the Closed Area I Scallop Access Area under specific
conditions, including a total of 571 trips that may be taken during the
2018 fishing year. Section 648.59(g)(3)(iii) requires the Closed Area I
Scallop Access Area to be closed to LAGC IFQ permitted vessels for the
remainder of the fishing year once the NMFS Greater Atlantic Regional
Administrator determines that the allowed number of trips for fishing
year 2018 are projected to be taken.
Based on trip declarations by LAGC IFQ scallop vessels fishing in
the Closed Area I Scallop Access Area, analysis of fishing effort, and
other information, NMFS projects that 571 trips will be taken as of
June 18, 2018. Therefore, in accordance with Sec. 648.59(g)(3)(iii),
NMFS is closing the Closed Area I Scallop Access Area to all LAGC IFQ
scallop vessels as of June 18, 2018. No vessel issued an LAGC IFQ
permit may fish for, possess, or land scallops in or from the Closed
Area I Scallop Access Area after 0001 local time, June 18, 2018. Any
LAGC IFQ vessel that has declared into the Closed Area I Access Area
scallop fishery, complied with all trip notification and observer
requirements, and crossed the vessel monitor system (VMS) demarcation
line on the way to the area before 0001, June 18, 2018, may complete
its trip without being subject to this closure. This closure is in
effect for the remainder of the 2018 scallop fishing year, through
March 31, 2019.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866. NMFS finds good cause pursuant to 5
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public
comment because it would be contrary to the public interest and
impracticable. The Closed Area I Scallop Access Area opened for the
2018 fishing year on April 19, 2018. The regulations at Sec.
648.59(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop
vessels do not take more than their allocated number of trips in the
Closed Area I Scallop Access Area. The projected date on which the LAGC
IFQ fleet will have taken all of its allocated trips in an Access Area
becomes apparent only as trips into the area occur on a real-time basis
and as activity trends begin to appear. As a result, NMFS can only make
an accurate projection very close in time to when the fleet has taken
all of its trips. In order to propose a closure for purposes of
receiving prior public comment, NMFS would need to make a projection
based on very little information, which would result in a closure too
early or too late. To allow LAGC IFQ scallop vessels to continue to
take trips in the Closed Area I Scallop Access Area during the period
necessary to publish and receive comments on a proposed rule would
likely result in the vessels taking much more than the allowed number
of trips in the Closed Area I Scallop Access Area. Excessive trips and
harvest from the Closed Area I Scallop Access Area would result in
excessive fishing effort in the area, where effort controls are
critical, thereby undermining conservation objectives of the Atlantic
Sea Scallop Fishery Management Plan and requiring more restrictive
future management measures. Also, the public had prior notice and full
opportunity to comment on this closure process when it was enacted For
these same reasons, NMFS further finds, pursuant to 5 U.S.C 553(d)(3),
good cause to waive the 30-day delayed effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-13132 Filed 6-15-18; 8:45 am]
BILLING CODE 3510-22-P
