Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67143 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Ferrio, (978) 281–9180, or 

Cynthia.Ferrio@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648, subpart G. The regulations 

require annual specification of a 

commercial quota that is apportioned on 

a percentage basis among the coastal 

states from Maine through North 

Carolina. The process to set the annual 

commercial quota and the percent 

allocated to each state is described in 

§ 648.102. 

The overall 2018 summer flounder 

commercial quota is 6,436,120 lb 

(2,919,375 kg) (83 FR 4165, January 30, 

2018). The percent allocated to vessels 

landing summer flounder in Rhode 

Island is 15.68 percent, resulting in an 

initial state commercial quota of 

1,009,375 lb (457,845 kg). Rhode 

Island’s initial 2018 commercial quota 

was reduced to 996,373 lb (451,947 kg) 

due to a 2017 quota overage of 13,002 

lb (5,898 kg). Rhode Island has received 

one quota transfer of 5,008 lb (2,272 kg) 

from North Carolina on February 6, 

2018 (83 FR 5735), bringing its 2018 

commercial quota to 1,001,381 lb 

(454,219 kg). 

The NMFS Administrator for the 

Greater Atlantic Region (Regional 

Administrator), monitors the state 

commercial landings and determines 

when a state’s commercial quota has 

been harvested. NMFS is required to 

publish notification in the Federal 

Register advising and notifying 

Federally permitted commercial vessels 

and dealers that, effective upon a 

specific date, the state’s commercial 

quota has been harvested and no 

commercial quota is available for 

landing summer flounder in that state. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that the 

2018 Rhode Island commercial summer 

flounder quota will be harvested by 

December 29, 2018. 

Section 648.4(b) provides that Federal 

permit holders agree, as a condition of 

the permit, not to land summer flounder 

in any state that the Regional 

Administrator has determined no longer 

has commercial quota available. 

Therefore, effective 0001 hours, 

December 29, 2018, landings of summer 

flounder are prohibited in Rhode Island 

by vessels holding Federal summer 

flounder commercial fisheries permits 

for the remainder of the 2018 calendar 

year, unless additional quota becomes 

available through a transfer and is 

announced in the Federal Register. 

Effective 0001 hours, December 29, 

2018, federally permitted dealers are 

also notified that they may not purchase 

summer flounder from federally 

permitted vessels that land in Rhode 

Island for the remainder of the calendar 

year. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

under 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. This action closes 

the commercial summer flounder 

fishery for Rhode Island until January 1, 

2019. The regulations at § 648.103(b) 

require such action to ensure that 

summer flounder vessels do not exceed 

quotas allocated to the states. If 

implementation of this closure was 

delayed to solicit prior public comment, 

the quota for this fishing year would be 

exceeded, thereby undermining the 

conservation objectives of the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan. The 

Assistant Administrator further finds, 

pursuant to 5 U.S.C. 553(d)(3), good 

cause to waive the 30-day delayed 

effectiveness period for the reason 

stated above. 

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

Dated: December 21, 2018. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–28215 Filed 12–21–18; 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–XG675 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Central Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of Pacific cod 

total allowable catch (TAC) from vessels 

using jig gear, catcher/processors using 

hook-and-line gear, and catcher vessels 

using trawl gear to catcher vessels less 

than 50 feet length overall (LOA) using 

hook-and-line gear, catcher vessels 

greater than or equal to 50 feet LOA 

using hook-and-line gear, vessels using 

pot gear, and catcher/processors using 

trawl gear in the Central Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to allow the 2018 

TAC of Pacific cod in the Central 

Regulatory Area of the GOA to be 

harvested. 

DATES: Effective December 21, 2018 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 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 2018 Pacific cod TAC 

apportioned to vessels using jig gear in 

the Central Regulatory Area of the GOA 

is 61 metric tons (mt), as established by 

the final 2018 and 2019 harvest 

specifications for groundfish of the GOA 

(83 FR 8768, March 1, 2018). The 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) has 

determined that vessels using jig gear 

will not be able to harvest 60 mt of the 

2018 Pacific cod TAC allocated to those 

vessels under § 679.20(a)(12)(i)(B). 

The 2018 Pacific cod TAC 

apportioned to catcher/processors using 

hook-and-line gear in the Central 

Regulatory Area of the GOA is 308 mt, 

as established by the final 2018 and 

2019 harvest specifications for 

groundfish of the GOA (83 FR 8768, 

March 1, 2018). The Regional 

Administrator has determined that 

catcher/processors using hook-and-line 

gear will not be able to harvest 40 mt of 

the 2018 Pacific cod TAC allocated to 

those vessels under 

§ 679.20(a)(12)(i)(B)(3). 

The 2018 Pacific cod TAC 

apportioned to catcher vessels using 

trawl gear in the Central Regulatory 

Area of the GOA is 2,275 mt, as 

established by the final 2018 and 2019 

harvest specifications for groundfish of 

the GOA (83 FR 8768, March 1, 2018). 

The Regional Administrator has 

determined that catcher vessels using 

trawl gear will not be able to harvest 580 


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67144 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

mt of the 2018 Pacific cod TAC 

allocated to those vessels under 

§ 679.20(a)(12)(i)(B)(4). 

In accordance with 

§ 679.20(a)(12)(ii)(B), the Regional 

Administrator has also determined that 

catcher vessels less than 50 feet LOA 

using hook-and-line gear, catcher 

vessels greater than or equal to 50 feet 

LOA using hook-and-line gear, vessels 

using pot gear, and catcher/processors 

using trawl gear currently have the 

capacity to harvest this excess 

allocation. Therefore, NMFS apportions 

60 mt of Pacific cod from the jig vessel 

apportionment, 40 mt of Pacific cod 

from the hook-and-line catcher/ 

processor apportionment, and 580 mt of 

Pacific cod from the trawl catcher vessel 

apportionment to catcher vessels less 

than 50 feet LOA using hook-and-line 

gear, catcher vessels greater than or 

equal to 50 feet LOA using hook-andline gear, vessels using pot gear, and 

catcher/processors using trawl gear in 

the Central Regulatory Area of the GOA. 

The harvest specifications for Pacific 

cod in the Central Regulatory Area of 

the GOA included in the final 2018 and 

2019 harvest specifications for 

groundfish of the GOA (83 FR 8768, 

March 1, 2018) are revised as follows: 

268 mt to catcher/processors using 

hook-and-line gear, 990 mt to catcher 

vessels less than 50 feet LOA using 

hook-and-line gear, 416 mt to catcher 

vessels greater than or equal to 50 feet 

LOA using hook-and-line gear, 1 mt to 

vessels using jig gear, 1,787 mt to 

vessels using pot gear, 700 mt to 

catcher/processors using trawl gear, and 

1,695 mt to catcher vessels using trawl 

gear. 

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 reallocations of Pacific cod in 

the Central Regulatory Area of the GOA. 

Since the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery, to 

allow the industry to plan for the fishing 

season, and to avoid potential 

disruption to the fishing fleet as well as 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of December 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: December 21, 2018. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–28367 Filed 12–21–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XG684 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2019 Bering Sea and Aleutian 

Islands Pollock, Atka Mackerel, and 

Pacific Cod Total Allowable Catch 

Amounts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: NMFS is adjusting the 2019 

total allowable catch (TAC) amounts for 

the Bering Sea and Aleutian Islands 

(BSAI) pollock, Atka mackerel, and 

Pacific cod fisheries. This action is 

necessary because NMFS has 

determined these TACs are incorrectly 

specified, and will ensure the BSAI 

pollock, Atka mackerel, and Pacific cod 

TACs are the appropriate amounts based 

on the best available scientific 

information. Also, NMFS is announcing 

the Aleutian Islands Catcher Vessel (CV) 

Harvest Set-Aside and Bering Sea Trawl 

CV A-Season Sector Limitation will be 

in effect for 2019, and TACs in this 

inseason adjustment will apply for 

2019. This action is consistent with the 

goals and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), December 21, 2018, 

until the effective date of the final 2019 

and 2020 harvest specifications for BSAI 

groundfish, unless otherwise modified 

or superseded through publication of a 

notification in the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 14, 2019. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2018–0801, 

by either of the following methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0801, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record, 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

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. 

The final 2018 and 2019 harvest 

specifications for groundfish in the 

BSAI (83 FR 8365, February 27, 2018) 

set the 2019 Aleutian Islands (AI) 

pollock TAC at 19,000 metric tons (mt), 

the 2019 Bering Sea (BS) pollock TAC 

at 1,383,000 mt, the 2019 BSAI Atka 


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