43796 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 

The HTS codes applicable to the 

products subject to the requirements of 

the preliminary injunction may be 

revised from time to time due to updates 

to the HTS by the International Trade 

Commission. Any such changes will be 

notified to the trade community in 

accordance with CBP’s notification 

procedures. In addition, NMFS and CBP 

will actively monitor the border 

operations of the trade restriction and 

the certification requirement in the 

initial weeks of implementation to 

determine if the list of affected HTS 

codes can be adjusted to further 

minimize disruption to trade while 

maintaining compliance with the court 

order. 

Importers are advised to determine if 

other NMFS program requirements (e.g., 

Tuna Tracking and Verification 

Program, Seafood Import Monitoring 

Program) or other agency requirements 

(e.g., Fish and Wildlife Service, State 

Department, Food and Drug 

Administration) have Automated 

Commercial Environment (ACE) data 

reporting requirements applicable to the 

HTS codes identified in Table 1 as 

subject to certification under the MMPA 

import provisions. In such cases, the 

other reporting requirements still 

pertain in addition to the Certification 

of Admissibility requirements imposed 

to effectuate the court order. 

Until such time as the Court of 

International Trade (or other court of 

competent appellate jurisdiction) lifts 

the preliminary injunction, trade 

restrictions on these products harvested 

by gillnets in the UGC of Mexico within 

the vaquita’s range will continue and 

Certification of Admissibility will be 

required for the HTS codes listed in this 

notice. 

Authority: 16 U.S.C. 1361 et seq. 

Dated: August 23, 2018. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–18628 Filed 8–24–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120403249–2492–02] 

RIN 0648–XG440 

Snapper-Grouper Fishery of the South 

Atlantic; 2018 Recreational 

Accountability Measure and Closure 

for South Atlantic Golden Tilefish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

golden tilefish recreational sector in the 

exclusive economic zone (EEZ) of the 

South Atlantic for the 2018 fishing year 

through this temporary rule. NMFS 

estimates recreational landings of 

golden tilefish in 2018 has reached the 

recreational annual catch limit (ACL). 

Therefore, NMFS closes the golden 

tilefish recreational sector in the South 

Atlantic EEZ on August 28, 2018. This 

closure is necessary to protect the 

golden tilefish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, August 28, 2018, until 12:01 

a.m., local time, January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

frank.helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes golden tilefish and 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. 

On January 2, 2018, as a result of 

golden tilefish being determined to be 

undergoing overfishing, NMFS 

published a final temporary rule in the 

Federal Register (83 FR 65) to reduce 

the combined ACL for golden tilefish in 

the South Atlantic to reduce overfishing 

of the stock. The final temporary rule 

was subsequently extended through 

January 3, 2019 (83 FR 28387; June 19, 

2018). The recreational ACL in place 

during the effectiveness of the interim 

measures is 2,187 fish, during this 

current 2018 fishing year. As described 

in the final temporary rule, the 2,187 

fish is equivalent to 9,960 lb (4,395 kg), 

gutted weight. In accordance with 

regulations at 50 CFR 622.193(a)(2)(i) for 

the recreational sector, if recreational 

landings of golden tilefish reach the 

recreational ACL, the Assistant 

Administrator for NOAA Fisheries (AA) 

will file a notification with the Office of 

the Federal Register to close the 

recreational sector for the remainder of 

the fishing year. Landings data from the 

NMFS Southeast Fisheries Science 

Center indicate that the golden tilefish 

recreational ACL of 2,187 fish has been 

reached. Therefore, this temporary rule 

implements an AM to close the golden 

tilefish recreational sector of the 

snapper-grouper fishery for the 

remainder of the 2018 fishing year. As 

a result, the recreational sector for 

golden tilefish in the South Atlantic 

EEZ will be closed effective 12:01 a.m., 

local time August 28, 2018. 

As the commercial sector, including 

both longline and hook-and-line 

components, are also closed, during the 

recreational closure, the bag and 

possession limits for golden tilefish in 

or from the South Atlantic EEZ are zero, 

and all harvest and possession of golden 

tilefish is prohibited. The recreational 

sector for golden tilefish will reopen on 

January 1, 2019, the beginning of the 

2019 fishing year and the recreational 

fishing season. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of South 

Atlantic golden tilefish and is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This action is taken under 50 CFR 

622.193(a)(2)(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 

comment. 

This action responds to the best 

scientific information available. The AA 

finds that the need to immediately 

implement this action to close the 

recreational sector for golden tilefish 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment on 

this temporary rule pursuant to 5 U.S.C. 

553(b)(B), because such procedures are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations at 

50 CFR 622.193(a)(2)(i) have already 

been subject to notice and comment, 


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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43797 

and all that remains is to notify the 

public of the recreational closure for 

golden tilefish for the remainder of the 

2018 fishing year. Prior notice and 

opportunity for comment are contrary to 

the public interest because of the need 

to immediately implement this action to 

protect the golden tilefish resource. 

Time required for notice and public 

comment would allow for continued 

recreational harvest and further 

exceedance of the recreational 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 23, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–18621 Filed 8–23–18; 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–XG394 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Greater Than or Equal 

to 50 Feet Length Overall Using Hookand-Line Gear 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

greater than or equal to 50 feet length 

overall (LOA) using hook-and-line gear 

in the Central Regulatory Area of the 

Gulf of Alaska (GOA). This action is 

necessary to prevent exceeding the 

annual allowance of the 2018 Pacific 

cod total allowable catch apportioned to 

catcher vessels greater than or equal to 

50 feet LOA using hook-and-line gear in 

the Central Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2018, 

through 2400 hours, A.l.t., December 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The annual allowance of the 2018 

Pacific cod total allowable catch (TAC) 

apportioned to catcher vessels greater 

than or equal to 50 feet LOA using hookand-line gear in the Central Regulatory 

Area of the GOA is 404 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 annual allowance of 

the 2018 Pacific cod TAC apportioned 

to catcher vessels greater than or equal 

to 50 feet LOA using hook-and-line gear 

in the Central Regulatory Area of the 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 344 mt and is setting aside 

the remaining 60 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 cod by 

catcher vessels greater than or equal to 

50 feet LOA using hook-and-line gear in 

the Central Regulatory Area of the GOA. 

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 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 directed fishing closure of 

Pacific cod by catcher vessels greater 

than or equal to 50 feet LOA using hookand-line gear in the Central Regulatory 

Area 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 22, 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 23, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–18622 Filed 8–27–18; 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–XG429 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod 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; modification of 

a closure; request for comments. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters) length 

overall (LOA) using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands Management Area (BSAI). This 

action is necessary to fully use the 2018 

total allowable catch of Pacific cod 

allocated to catcher vessels less than 60 

feet LOA using hook-and-line or pot 

gear in the BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2018, 

through 2400 hours, A.l.t., December 31, 

2018. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 12, 2018. 


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