Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 42455 

undertaken to address overfishing, and 

if they expire before longer term 

measures are adopted, overfishing may 

occur during the lapse in regulation, 

contrary to the public interest in 

effective management of the stock and 

compliance with domestic and 

international legal obligations. As 

described more fully in the interim final 

emergency rule (March 2, 2018; 83 FR 

8946), the reasons justifying 

promulgation of the rule on an 

emergency basis make a delay in 

effectiveness contrary to the public 

interest. The measures implemented for 

the shortfin mako shark fishery are 

needed to address overfishing of the 

stock. 

This action is being taken pursuant to 

the emergency provision of the 

Magnuson-Stevens Act and is exempt 

from OMB review. 

This rule is exempt from the 

otherwise applicable requirement of the 

Regulatory Flexibility Act to prepare a 

regulatory flexibility analysis because 

the rule is issued without opportunity 

for prior public comment. 

Dated: August 17, 2018. 

Donna S. Wieting, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–18095 Filed 8–21–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XG426 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel 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 Atka mackerel in the Central 

Aleutian district (CAI) of the Bering Sea 

and Aleutian Islands management area 

(BSAI) by vessels participating in the 

BSAI trawl limited access fishery. This 

action is necessary to prevent exceeding 

the 2018 total allowable catch (TAC) of 

Atka mackerel in this area allocated to 

vessels participating in the BSAI trawl 

limited access fishery. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 17, 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 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 2018 TAC of Atka mackerel, in 

the CAI, allocated to vessels 

participating in the BSAI trawl limited 

access fishery was established as a 

directed fishing allowance of 1,868 

metric tons 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)(iii), 

the Regional Administrator finds that 

this directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Atka 

mackerel in the CAI by vessels 

participating in the BSAI trawl limited 

access fishery. 

While this closure is 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 a 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 the Atka mackerel 

directed fishery in the CAI for vessels 

participating in the BSAI trawl limited 

access fishery. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 16, 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 17, 2018. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2018–18129 Filed 8–17–18; 4:15 pm] 

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