Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29463 

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 

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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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 

§ 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 


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29464 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 

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 § 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] 

BILLING CODE 3510–22–P 


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