Fisheries of the Exclusive Economic Zone Off Alaska; Kamchatka Flounder in the Bering Sea and Aleutian Islands Management Area, 29463-29464 [2018-13581]
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
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Response: NMFS is committed to
using the best scientific information
available, and the SWFSC is continuing
research to improve our understanding
of the relationship between Pacific
Sardine productivity and environmental
conditions. The new research referenced
by Oceana is still under development,
has not been formally reviewed, and
therefore is not yet a valid rationale to
cease using CalCOFI data to gauge the
temperature-recruitment relationship.
At this time, the CalCOFI-based
temperature relationship is still the best
scientific information available science
to set the OFL.
Comment 3: In addition to
commenting on the proposed rule,
Oceana’s comment requested
reconsideration of various aspects of
sardine management that are not
considered in this action, including
changing the start date of the fishery,
revision of the Minimum Stock Size
Threshold value, and various
modifications to the OFL, ABC and HG
control rules.
Response: Changes to the
management framework of Pacific
sardine and to the sardine harvest
control rules are set in the CPS FMP and
are beyond the scope of this rulemaking.
NMFS will take these comments into
consideration during related future
management planning for the Pacific
sardine stock, and recommends Oceana
continue to bring these concerns to the
attention of the Council as that body
deliberates about the management
framework for sardine.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
CPS FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law. There is good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness of these
final harvest specifications for the 2018–
2019 Pacific sardine fishing season. In
accordance with the FMP, this rule was
recommended by the Council at its
meeting in April 2018 the contents of
which were based on the best available
new information on the population
status of Pacific sardine that became
available at that time. Making these final
specifications effective on July 1, the
first day of the fishing season, is
necessary for the conservation and
management of the Pacific sardine
resource because last year’s restrictions
on harvest are not effective after June
30. The FMP requires a prohibition on
directed fishing for Pacific sardine for
the 2018–2019 fishing year because the
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sardine biomass has dropped below the
CUTOFF. The purpose of the CUTOFF
in the FMP, and for prohibiting a
directed fishing when the biomass drops
below this level, is to protect the stock
when biomass is low and provide a
buffer of spawning stock that is
protected from fishing and can
contribute to rebuilding the stock. A
delay in the effectiveness of this rule for
a full 30 days would result in the reopening the directed commercial fishery
on July 1.
Delaying the effective date of this rule
beyond July 1 would be contrary to the
public interest because it would
jeopardize the sustainability of the
Pacific sardine stock. Furthermore, most
affected fishermen are aware that the
Council recommended that directed
commercial fishing be prohibited for the
2018–2019 fishing year and are fully
prepared to comply with the
prohibition.
This final rule is exempt from the
procedures of E.O. 12866 because this
action contains no implementing
regulations.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Pursuant to Executive Order 13175,
this final rule was developed after
meaningful consultation and
collaboration with the tribal
representative on the Council who has
agreed with the provisions that apply to
tribal vessels.
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 20, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–13583 Filed 6–22–18; 8:45 am]
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29463
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG305
Fisheries of the Exclusive Economic
Zone Off Alaska; Kamchatka Flounder
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 directed
fishing for Kamchatka flounder in the
Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to prevent exceeding the 2018
Kamchatka flounder initial total
allowable catch (ITAC) in the BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), June 20, 2018,
through 2400 hours, A.l.t., December 31,
2018.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI 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 Kamchatka flounder ITAC
in the BSAI is 4,250 metric tons (mt) as
established by the final 2018 and 2019
harvest specifications for groundfish in
the BSAI (83 FR 8365, February 27,
2018). In accordance with
§ 679.20(d)(1)(i), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that the
2018 Kamchatka flounder ITAC in the
BSAI will soon be reached. Therefore,
the Regional Administrator is
establishing a directed fishing
allowance of 2,000 mt, and is setting
aside the remaining 2,250 mt as
incidental catch to support other
anticipated groundfish fisheries. In
accordance with § 679.20(d)(1)(iii), the
Regional Administrator finds that this
directed fishing allowance has been
reached. Consequently, NMFS is
SUMMARY:
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
prohibiting directed fishing for
Kamchatka flounder in the BSAI.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
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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
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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 Kamchatka flounder
to directed fishing 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 June 18,
2018.
The AA also finds good cause to
waive the 30-day delay in the effective
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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 is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 20, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2018–13581 Filed 6–20–18; 4:15 pm]
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]]>Agencies
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29463-29464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13581]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170817779-8161-02]
RIN 0648-XG305
Fisheries of the Exclusive Economic Zone Off Alaska; Kamchatka
Flounder 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.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Kamchatka flounder in
the Bering Sea and Aleutian Islands management area (BSAI). This action
is necessary to prevent exceeding the 2018 Kamchatka flounder initial
total allowable catch (ITAC) in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 20, 2018,
through 2400 hours, A.l.t., December 31, 2018.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI 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 Kamchatka flounder ITAC in the BSAI is 4,250 metric tons
(mt) as established 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)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2018
Kamchatka flounder ITAC in the BSAI will soon be reached. Therefore,
the Regional Administrator is establishing a directed fishing allowance
of 2,000 mt, and is setting aside the remaining 2,250 mt as incidental
catch to support other anticipated groundfish fisheries. In accordance
with Sec. 679.20(d)(1)(iii), the Regional Administrator finds that
this directed fishing allowance has been reached. Consequently, NMFS is
[[Page 29464]]
prohibiting directed fishing for Kamchatka flounder in the BSAI.
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 Kamchatka flounder to directed fishing 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 June 18, 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: June 20, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2018-13581 Filed 6-20-18; 4:15 pm]
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