Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations 41019 

necessary to protect the lesser 

amberjack, almaco jack, and banded 

rudderfish resources. 

DATES: This temporary rule is effective 

at 12:01 a.m., local time, on August 22, 

2018, until 12:01 a.m., local time, on 

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 lesser amberjack, 

almaco jack, and banded rudderfish, 

which combined are the Other Jacks 

Complex. The Other Jacks Complex 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 combined commercial ACL for 

the Other Jacks Complex is 189,422 lb 

(85,920 kg), round weight. Under 50 

CFR 622.193(l)(1)(i), NMFS is required 

to close the commercial sector for the 

Other Jacks Complex when the 

commercial ACL has been reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

determined that the commercial sector 

for this complex is projected to reach its 

ACL by August 22, 2018. Therefore, this 

temporary rule implements an AM to 

close the commercial sector for the 

Other Jacks Complex in the South 

Atlantic, effective at 12:01 a.m., local 

time, on August 22, 2018. 

The operator of a vessel with a valid 

commercial permit for South Atlantic 

snapper-grouper having lesser 

amberjack, almaco jack, or banded 

rudderfish on board must have landed 

and bartered, traded, or sold such 

species prior to 12:01 a.m., local time, 

on August 22, 2018. During the 

commercial closure, the recreational bag 

limit specified in 50 CFR 622.187(b)(8) 

and the possession limits specified in 50 

CFR 622.187(c) apply to all harvest or 

possession of lesser amberjack, almaco 

jack, or banded rudderfish in or from 

the South Atlantic EEZ, while the 

recreational sector is open. These 

recreational bag and possession limits 

apply in the South Atlantic on board a 

vessel for which a valid Federal 

commercial or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, regardless of 

whether such species were harvested in 

state or Federal waters. During the 

commercial closure, the sale or 

purchase of lesser amberjack, almaco 

jack, or banded rudderfish taken from 

the South Atlantic EEZ is prohibited. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of the 

fish in the Other Jacks Complex, a 

component of the South Atlantic 

snapper-grouper fishery, and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(l)(1)(i) 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 issued 

without opportunity for prior notice and 

public 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 the 

Other Jacks Complex 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 are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rule implementing the AM itself has 

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 the 

species in the Other Jacks Complex, 

since the capacity of the fishing fleet 

allows for rapid harvest of the 

commercial ACL. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established commercial ACL. 

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: August 13, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–17719 Filed 8–16–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170816769–8162–02] 

RIN 0648–XG402 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Sablefish in the West 

Yakutat District of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of sablefish by vessels using trawl gear 

in the West Yakutat District of the Gulf 

of Alaska (GOA). This action is 

necessary because the 2018 total 

allowable catch of sablefish allocated to 

vessels using trawl gear in the West 

Yakutat District of the GOA will be 

reached. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 14, 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 

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 total allowable catch (TAC) 

of sablefish allocated to vessels using 

trawl gear in the West Yakutat District 

of the GOA is 240 metric tons (mt) as 

established by the final 2018 and 2019 

harvest specifications for groundfish of 

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

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2018 TAC of 

sablefish allocated to vessels using trawl 

gear in the West Yakutat District of the 

GOA will be reached. Therefore, NMFS 

is requiring that sablefish caught by 

vessels using trawl gear in the West 

Yakutat District of the GOA be treated 

as prohibited species in accordance 

with § 679.21(b). 


daltland on DSKBBV9HB2PROD with RULES
41020 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations 

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 prohibiting the retention of 

sablefish by vessels using trawl gear in 

the West Yakutat District of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 13, 

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 679.21 and is exempt from review 

under Executive Order 12866. 

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

Dated: August 14, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–17798 Filed 8–14–18; 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–XG400 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the West Yakutat District of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

West Yakutat District of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2018 total 

allowable catch of Pacific ocean perch 

in the West Yakutat District of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 14, 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 

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 total allowable catch (TAC) 

of Pacific ocean perch in the West 

Yakutat District of the GOA is 3,371 

metric tons (mt) as established by the 

final 2018 and 2019 harvest 

specifications for groundfish of the GOA 

(83 FR 8768, March 1, 2018). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2018 TAC of Pacific 

ocean perch in the West Yakutat District 

of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 3,271 mt, and is setting 

aside the remaining 100 mt as bycatch 

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 prohibiting 

directed fishing for Pacific ocean perch 

in the West Yakutat District of the GOA. 

While this closure remains effective 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 directed fishing for 

Pacific ocean perch in the West Yakutat 

District of the GOA. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 13, 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: August 14, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–17797 Filed 8–14–18; 4:15 pm] 

BILLING CODE 3510–22–P 


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