37448 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations

TABLE 1—2017 AND 2018 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS—Continued

2017 2018

Adjusted quota ...... 75.1 ...... 75.1 + Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for the South Atlantic. * Under Recommendation 17–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Coˆte d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).

Classification This action is being taken under DATES: Effective 1200 hrs, Alaska local The Assistant Administrator for § 635.27(c) and is exempt from review time (A.l.t.), July 27, 2018, through 2400 NMFS (AA) has determined that this under Executive Order 12866. hrs, A.l.t., December 31, 2018. temporary final rule is consistent with This action does not contain a FOR FURTHER INFORMATION CONTACT: the Magnuson-Stevens Act, the 2006 collection-of-information requirement Steve Whitney, 907–586–7228. Consolidated Atlantic HMS FMP and its for purposes of the Paperwork SUPPLEMENTARY INFORMATION: NMFS amendments, other provisions of the Reduction Act. manages the groundfish fishery in the Magnuson-Stevens Act, ATCA, and Because prior notice and opportunity BSAI exclusive economic zone other applicable law. Pursuant to for public comment are not required for according to the Fishery Management section 553(b)(B) of the Administrative this rule by 5 U.S.C. 553, or any other Plan for Groundfish of the Bering Sea Procedure Act (5 U.S.C. 553(b)(B)), the law, the analytical requirements of the and Aleutian Islands Management Area AA finds that it would be unnecessary Regulatory Flexibility Act, 5 U.S.C. 601 (FMP) prepared by the North Pacific and contrary to the public interest to et seq., are inapplicable. Fishery Management Council under provide prior notice of, and an Authority: 16 U.S.C. 971 et seq. and 1801 authority of the Magnuson-Stevens opportunity for public comment on, this et seq. Fishery Conservation and Management action for the reasons described below. Dated: July 26, 2018. Act. Regulations governing fishing by In the 2016 North and South Atlantic Samuel D. Rauch, III, U.S. vessels in accordance with the FMP Swordfish Quota Adjustment Rule (81 appear at subpart H of 50 CFR part 600 Deputy Assistant Administrator for FR 48719, July 26, 2016), NMFS and 50 CFR part 679. announced the intent to no longer issue Regulatory Programs, National Marine Fisheries Service. The 2018 TAC of Pacific ocean perch, proposed and final specifications/rules in the WAI, allocated to vessels [FR Doc. 2018–16388 Filed 7–31–18; 8:45 am] for North and South Atlantic swordfish participating in the BSAI trawl limited quota adjustments in cases where the BILLING CODE 3510–22–P access fishery was established as a quota adjustment simply follows directed fishing allowance of 161 metric previously codified and analyzed DEPARTMENT OF COMMERCE tons by the final 2018 and 2019 harvest formulas. Public comments on this specifications for groundfish in the process change were generally National Oceanic and Atmospheric BSAI (83 FR 8365, February 27, 2018). supportive; as a result, in 2017, NMFS Administration In accordance with § 679.20(d)(1)(iii), issued a temporary final rule to adjust the Regional Administrator finds that the swordfish quota. 50 CFR Part 679 this directed fishing allowance has been This action to adjust the 2018 North reached. Consequently, NMFS is and South Atlantic Swordfish quotas [Docket No. 170817779–8161–02] prohibiting directed fishing for Pacific applies the formula that the public ocean perch in the WAI by vessels received notice of in the 2016 North and participating in the BSAI trawl limited RIN 0648–XG114 South Atlantic Swordfish Quota access fishery. While this closure is Adjustment Rule, using the best Fisheries of the Exclusive Economic effective, the maximum retainable available data regarding 2017 catch and Zone Off Alaska; Pacific Ocean Perch amounts at § 679.20(e) and (f) apply at underharvest, and calculating allowable in the Bering Sea and Aleutian Islands any time during a trip. underharvest consistent with ICCAT Management Area recommendations. The rulemaking for Classification the 2016 North and South Atlantic AGENCY: National Marine Fisheries This action responds to the best Swordfish Quota Adjustment Rule Service (NMFS), National Oceanic and available information recently obtained specifically provided prior notice of, Atmospheric Administration (NOAA), from the fishery. The Assistant and accepted public comment on, these Commerce. Administrator for Fisheries, NOAA, formulaic quota adjustment processes ACTION: Temporary rule; closure. (AA) finds good cause to waive the and the manner in which they occur. requirement to provide prior notice and The application of this formula in this SUMMARY: NMFS is prohibiting directed opportunity for public comment action does not have discretionary fishing for Pacific ocean perch in the pursuant to the authority set forth at 5 aspects requiring additional agency Western Aleutian district (WAI) of the U.S.C. 553(b)(B) as such a requirement consideration and thus it would be Bering Sea and Aleutian Islands is impracticable and contrary to the unnecessarily duplicative to accept management area (BSAI) by vessels public interest. This requirement is public comment for this action. Because participating in the BSAI trawl limited impracticable and contrary to the public there are no new quotas for 2018 and access fishery. This action is necessary interest as it would prevent NMFS from the quota formula is the same as in to prevent exceeding the 2018 total responding to the most recent fisheries previous years, NMFS is issuing this allowable catch (TAC) of Pacific ocean data in a timely fashion and would temporary final rule to adjust the North perch in the WAI allocated to vessels delay the closure of the Pacific ocean and South Atlantic swordfish quotas for participating in the BSAI trawl limited perch directed fishery in the WAI for 2018. access fishery. vessels participating in the BSAI trawl

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limited access fishery. NMFS was 553(d)(3). This finding is based upon Authority: 16 U.S.C. 1801 et seq. unable to publish a notice providing the reasons provided above for waiver of Dated: July 27, 2018. time for public comment because the prior notice and opportunity for public Jennifer M. Wallace, most recent, relevant data only became comment. available as of July 26, 2018. Acting Director, Office of Sustainable This action is required by § 679.20 The AA also finds good cause to Fisheries, National Marine Fisheries Service. waive the 30-day delay in the effective and is exempt from review under [FR Doc. 2018–16438 Filed 7–27–18; 4:15 pm] Executive Order 12866. date of this action under 5 U.S.C. BILLING CODE 3510–22–P

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