[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Rules and Regulations]
[Page 46118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19821]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170817779-8161-02]
RIN 0648-XG472


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole for Vessels Participating in the BSAI Trawl Limited Access Fishery 
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.

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SUMMARY: NMFS is prohibiting directed fishing for yellowfin sole in the 
Bering Sea and Aleutian Islands management area (BSAI) for vessels 
participating in the BSAI trawl limited access fishery. This action is 
necessary to prevent exceeding the 2018 allocation of yellowfin sole 
total allowable catch for vessels participating in the BSAI trawl 
limited access fishery in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 7, 
2018, through 2400 hrs, 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 allocation of yellowfin sole total allowable catch for 
vessels participating in the BSAI trawl limited access fishery in the 
BSAI is 18,351 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 Sec.  679.20(d)(1)(iii), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the 2018 allocation of yellowfin sole total allowable 
catch allocated as a directed fishing allowance for vessels 
participating in the BSAI trawl limited access fishery in the BSAI will 
soon be reached. Consequently, NMFS is prohibiting directed fishing for 
yellowfin sole for vessels participating in the BSAI trawl limited 
access fishery in the BSAI.
    While this closure remains in effect, the maximum retainable 
amounts at Sec.  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 yellowfin sole by 
vessels fishing in the BSAI trawl limited access fishery 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 
September 6, 2018.
    The acting 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 7, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-19821 Filed 9-7-18; 4:15 pm]
 BILLING CODE 3510-22-P