Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2018 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories, 34951-34952 [2018-15814]

Download as PDF Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations (3) Rule 230, ‘‘Action on Applications,’’ amended on May 3, 2017. * * * * * [FR Doc. 2018–15727 Filed 7–23–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 0907271173–0629–03] RIN 0648–XG357 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements accountability measures (AMs) for commercial snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for snowy grouper will reach the commercial annual catch limit (ACL) by July 24, 2018. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on July 24, 2018, and it will remain closed until the start of the next commercial fishing season on January 1, 2019. This closure is necessary to protect the snowy grouper resource. DATES: This rule is effective 12:01 a.m., local time, July 24, 2018, until 12:01 a.m., local time, January 1, 2019. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes snowy grouper and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The commercial ACL (commercial quota) for snowy grouper in the South jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 13:57 Jul 23, 2018 Jkt 244001 Atlantic is 144,315 lb (65,460 kg), gutted weight, 170,291 lb (77,243 kg), round weight, for the current fishing year, January 1 through December 31, 2018, as specified in 50 CFR 622.190(a)(1)(iv). Under 50 CFR 622.193(b)(1), NMFS is required to close the commercial sector for snowy grouper when the commercial quota is reached or projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS projects that commercial landings of South Atlantic snowy grouper, as estimated by the Science and Research Director, will reach the commercial quota by July 24, 2018. Accordingly, the commercial sector for South Atlantic snowy grouper is closed effective 12:01 a.m., local time, July 24, 2018, until 12:01 a.m., local time, January 1, 2019. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having snowy grouper on board must have landed and bartered, traded, or sold such snowy grouper prior to 12:01 a.m., local time, July 24, 2018. During the commercial closure, harvest and possession of snowy grouper in or from the South Atlantic EEZ is limited to the bag and possession limits, as specified in § 622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the sale or purchase of snowy grouper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of snowy grouper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, July 24, 2018, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the bag and possession limits and the sale and purchase provisions of the commercial closure for snowy grouper would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of snowy grouper and the South Atlantic snapper-grouper fishery and is consistent with the MagnusonStevens Act and other applicable laws. This action is taken under 50 CFR 622.193(b)(1) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act, because the temporary rule is PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 34951 issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA), finds that the need to immediately implement this action to close the commercial sector for snowy grouper constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures are unnecessary because the implementing final rule for these AMs has already been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect snowy grouper since the capacity of the fishing fleet allows for rapid harvest of the commercial quota. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: July 18, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–15791 Filed 7–19–18; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769–8162–02] RIN 0648–XG309 Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2018 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reapportionment. AGENCY: NMFS is reapportioning the seasonal apportionments of the 2018 SUMMARY: E:\FR\FM\24JYR1.SGM 24JYR1 34952 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2018 through June 30, 2018. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 19, 2018 through 2400 hours, A.l.t., December 31, 2018. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Gulf of Alaska (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 final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018) apportions the 2018 Pacific halibut PSC limit for trawl gear in the GOA to two trawl fishery categories: A deep-water species fishery and a shallow-water species fishery. The halibut PSC limit for these two trawl fishery categories is further apportioned by season, including four seasonal apportionments to the shallowwater species fishery and three seasonal apportionments to the deep-water species fishery. The two fishery categories also are apportioned a combined, fifth seasonal halibut PSC limit. Unused seasonal apportionments are added to the next season apportionment during a fishing year. Regulations at § 679.21(d)(4)(iii)(D) require NMFS to combine management of the available trawl halibut PSC limits in the second season (April 1 through July 1) deep-water and shallow-water species fishery categories for use in either fishery from May 15 through June 30 of each year. Furthermore, NMFS is required to reapportion the halibut PSC limit between the deep-water and shallow-water species fisheries after June 30 to account for actual halibut PSC use by each fishery category during May 15 through June 30. As of July 18, 2018, NMFS has determined that the trawl deep-water and shallow-water fisheries used 133 metric tons (mt) and 4 mt of halibut PSC, respectively, from May 15 through June 30. Accordingly, pursuant to § 679.21(d)(4)(iii)(D), the Regional Administrator is reapportioning the combined first and second seasonal apportionments (810 mt) of halibut PSC limit between the trawl deep-water and shallow-water fishery categories to account for the actual PSC use (533 mt) in each fishery from January 1, 2018 through June 30, 2018. Therefore, Table 15 of the final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018) is revised consistent with this adjustment. TABLE 15—FINAL 2018 AND 2019 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL GEAR DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES [Values are in metric tons] Season Shallow-water Deep-water 1 Total January 20–April 1 ..................................................................................................................... April 1–July 1 ............................................................................................................................. 15 9 81 428 96 437 Subtotal, combined first and second season limit (January 20–July 1) ............................ July 1–September 1 ................................................................................................................... September 1–October 1 ............................................................................................................ 24 179 128 509 610 Any remainder 533 789 128 Subtotal January 20–October 1 ......................................................................................... October 1–December 31 2 ......................................................................................................... 331 ........................ 1,119 .......................... 1,450 256 Total .................................................................................................................................... ........................ .......................... 1,706 1 Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season (July 1 through September 1) deep-water species fishery halibut PSC apportionment. 2 There is no apportionment between trawl shallow-water and deep-water species fishery categories during the fifth season (October 1 through December 31). jstallworth on DSKBBY8HB2PROD with RULES 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 VerDate Sep<11>2014 13:57 Jul 23, 2018 Jkt 244001 responding to the most recent fisheries data in a timely fashion and would allow for harvests that exceed the originally specified apportionment of the halibut PSC limits to the deep-water and shallow-water fishery categories. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 9990 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: July 19, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–15814 Filed 7–19–18; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\24JYR1.SGM 24JYR1

Agencies

[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Rules and Regulations]
[Pages 34951-34952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15814]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170816769-8162-02]
RIN 0648-XG309


Fisheries of the Exclusive Economic Zone Off Alaska; 
Reapportionment of the 2018 Gulf of Alaska Pacific Halibut Prohibited 
Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery 
Categories

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reapportionment.

-----------------------------------------------------------------------

SUMMARY: NMFS is reapportioning the seasonal apportionments of the 2018

[[Page 34952]]

Pacific halibut prohibited species catch (PSC) limits for the trawl 
deep-water and shallow-water species fishery categories in the Gulf of 
Alaska. This action is necessary to account for the actual halibut PSC 
use by the trawl deep-water and shallow-water species fishery 
categories from May 15, 2018 through June 30, 2018. This action is 
consistent with the goals and objectives of the Fishery Management Plan 
for Groundfish of the Gulf of Alaska.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 19, 2018 
through 2400 hours, A.l.t., December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Gulf of Alaska (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 final 2018 and 2019 harvest specifications for groundfish in 
the GOA (83 FR 8768, March 1, 2018) apportions the 2018 Pacific halibut 
PSC limit for trawl gear in the GOA to two trawl fishery categories: A 
deep-water species fishery and a shallow-water species fishery. The 
halibut PSC limit for these two trawl fishery categories is further 
apportioned by season, including four seasonal apportionments to the 
shallow-water species fishery and three seasonal apportionments to the 
deep-water species fishery. The two fishery categories also are 
apportioned a combined, fifth seasonal halibut PSC limit. Unused 
seasonal apportionments are added to the next season apportionment 
during a fishing year.
    Regulations at Sec.  679.21(d)(4)(iii)(D) require NMFS to combine 
management of the available trawl halibut PSC limits in the second 
season (April 1 through July 1) deep-water and shallow-water species 
fishery categories for use in either fishery from May 15 through June 
30 of each year. Furthermore, NMFS is required to reapportion the 
halibut PSC limit between the deep-water and shallow-water species 
fisheries after June 30 to account for actual halibut PSC use by each 
fishery category during May 15 through June 30. As of July 18, 2018, 
NMFS has determined that the trawl deep-water and shallow-water 
fisheries used 133 metric tons (mt) and 4 mt of halibut PSC, 
respectively, from May 15 through June 30. Accordingly, pursuant to 
Sec.  679.21(d)(4)(iii)(D), the Regional Administrator is 
reapportioning the combined first and second seasonal apportionments 
(810 mt) of halibut PSC limit between the trawl deep-water and shallow-
water fishery categories to account for the actual PSC use (533 mt) in 
each fishery from January 1, 2018 through June 30, 2018. Therefore, 
Table 15 of the final 2018 and 2019 harvest specifications for 
groundfish in the GOA (83 FR 8768, March 1, 2018) is revised consistent 
with this adjustment.

  Table 15--Final 2018 and 2019 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep-
                     Water Species Fishery and the Shallow-Water Species Fishery Categories
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                             Season                               Shallow-water   Deep-water \1\       Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1.............................................              15               81              96
April 1-July 1.................................................               9              428             437
                                                                ------------------------------------------------
    Subtotal, combined first and second season limit (January                24              509             533
     20-July 1)................................................
July 1-September 1.............................................             179              610             789
September 1-October 1..........................................             128    Any remainder             128
                                                                ------------------------------------------------
    Subtotal January 20-October 1..............................             331            1,119           1,450
October 1-December 31 \2\......................................  ..............  ...............             256
                                                                ------------------------------------------------
    Total......................................................  ..............  ...............           1,706
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
  season (July 1 through September 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fishery categories during the
  fifth season (October 1 through December 31).

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 allow for harvests that exceed the originally specified 
apportionment of the halibut PSC limits to the deep-water and shallow-
water fishery categories. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of July 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: July 19, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-15814 Filed 7-19-18; 4:15 pm]
 BILLING CODE 3510-22-P
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