28388 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 

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 

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 

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 

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 


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Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 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 § 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 

§ 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 


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