2932 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 

miles of the baseline from which the 

territorial sea is measured, use or have 

on board a trawl net with a mesh size 

less than 4 inches (10.2 cm), as 

measured between the centers of 

opposite knots when pulled taut. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of the 

spawning stock of white shrimp off 

South Carolina and is consistent with 

the FMP, the Magnuson-Stevens Act 

and other applicable laws. 

This action is taken under 50 CFR 

622.206(a) 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 recently 

obtained from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close the EEZ 

off South Carolina to trawling for 

penaeid shrimp 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 would be unnecessary 

because the rule itself has been subject 

to notice and comment, and all that 

remains is to notify the public of the 

closure. 

Providing prior notice and 

opportunity for public comment also is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the spawning stock 

of white shrimp off South Carolina. 

Prior notice and opportunity for public 

comment would require time and would 

potentially further harm the spawning 

stock that has been impacted due to 

cold weather. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: January 17, 2018. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2018–01033 Filed 1–17–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF948 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

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; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (18.3 meters) 

length overall using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area. This action is 

necessary to allow the A season 

apportionment of the 2018 total 

allowable catch of Pacific cod to be 

harvested. 

DATES: Effective January 17, 2018, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2018. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (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 A season apportionment of the 

2018 Pacific cod total allowable catch 

(TAC) specified for vessels using jig gear 

in the BSAI is 1,529 metric tons (mt) as 

established by the final 2017 and 2018 

harvest specifications for groundfish in 

the BSAI (82 FR 11826, February 27, 

2017) and inseason adjustment (82 FR 

60329, December 20, 2017). 

The 2018 Pacific cod TAC allocated to 

catcher vessels less than 60 feet (18.3 

meters(m)) length overall (LOA) using 

hook-and-line or pot gear in the BSAI is 

3,627 mt as established by final 2017 

and 2018 harvest specifications for 

groundfish in the BSAI (82 FR 11826, 

February 27, 2017) and inseason 

adjustment (82 FR 60329, December 20, 

2017. 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that jig vessels will not be 

able to harvest 1,400 mt of the A season 

apportionment of the 2018 Pacific cod 

TAC allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(1). Therefore, in 

accordance with § 679.20(a)(7)(iv)(C), 

NMFS apportions 1,400 mt of Pacific 

cod from the A season jig gear 

apportionment to the annual amount 

specified for catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear. 

The harvest specifications for Pacific 

cod included in final 2017 and 2018 

harvest specifications for groundfish in 

the BSAI (82 FR 11826, February 27, 

2017) and inseason adjustment (82 FR 

60329, December 20, 2017) are revised 

as follows: 129 mt to the A season 

apportionment and 1,149 mt to the 

annual amount for vessels using jig gear, 

and 5,027 mt to catcher vessels less than 

60 feet (18.3 m) LOA using hook-andline or pot gear. 

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 reallocation of Pacific cod 

specified from jig vessels to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear. Since 

the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery, to 

allow the industry to plan for the fishing 

season, and to avoid potential 

disruption to the fishing fleet as well as 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of January 11, 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 


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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2933 

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: January 17, 2018. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2018–01041 Filed 1–17–18; 4:15 pm] 

BILLING CODE 3510–22–P 


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