Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 9975-9977 [2017-02611]

Download as PDF Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations date for certain provisions to begin 30 days after the effective date of the Order. The implementation date of these provisions is now April 20, 2017. To the extent that 5 U.S.C. 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, our implementation of this action without opportunity for public comment, effective immediately upon publication in the Federal Register, is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 5 U.S.C. 553(b)(B), we have determined that good cause exists to forego the requirement to provide prior notice and an opportunity for public comment thereon for this rule as such procedures would be impracticable, unnecessary and contrary to the public interest. We are temporarily postponing for 60 days the effective date of this regulation pursuant to the previously-noted memorandum of the Chief of Staff. As a result, seeking public comment on this delay is unnecessary and contrary to the public interest. For these same reasons we find good cause to waive the 30-day delay in effective date provided for in 5 U.S.C. 553(d). Authority: 43 CFR part 3160. Richard T. Cardinale, Acting Assistant Secretary, Land and Minerals Management. For reasons set out in the preamble, the Bureau of Land Management amends the appendix following the regulatory text of the final rule published in the Federal Register at 72 FR 10308 at 10328 (March 7, 2007), corrected on March 9, 2007 (72 FR 10608), effective March 7, 2007, and revised on January 10, 2017 (82 FR 2906), as follows: Note: This appendix does not appear in the BLM regulations in 43 CFR part 3160. Appendix—Text of Oil and Gas Onshore Order Amend Onshore Oil and Gas Order Number 1 sections III.A, III.C, and III.E by replacing ‘‘March 13, 2017,’’ with ‘‘April 20, 2017,’’ at each place it occurs. sradovich on DSK3GMQ082PROD with RULES [FR Doc. 2017–02711 Filed 2–8–17; 8:45 am] BILLING CODE 4310–84–P VerDate Sep<11>2014 15:44 Feb 08, 2017 Jkt 241001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 223 9975 policy they raise.’’ In accordance with this memorandum, this action delays the final rule NMFS published on January 19, 2017, at 82 FR 6309, until March 21, 2017. RIN 0648–XD771 List of Subjects in 50 CFR Part 223 Endangered and threatened species, Exports, Imports, Transportation. Endangered and Threatened Wildlife and Plants; Final Rule To List Two Guitarfishes as Threatened Under the Endangered Species Act Dated: February 3, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [Docket No. 150211138–7024–02] National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; delay of effective date. AGENCY: In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review,’’ published in the Federal Register on January 24, 2017 (the Memorandum), this action delays the final rule NMFS published on January 19, 2017. DATES: Effective February 9, 2017, the effective date of the final rule amending 50 CFR part 223, that published on January 19, 2017, at 82 FR 6309, is delayed until March 21, 2017. FOR FURTHER INFORMATION CONTACT: Marta Nammack, NMFS, Office of Protected Resources (OPR), (301) 427– 8403. SUMMARY: On January 19, 2017, NMFS published the final rule to list two foreign marine guitarfish species under the Endangered Species Act (ESA). We considered comments submitted on the proposed listing rule and have determined that the blackchin guitarfish (Rhinobatos cemiculus) and common guitarfish (Rhinobatos rhinobatos) warrant listing as threatened species. We will not designate critical habitat for either of these species because the geographical areas occupied by these species are entirely outside U.S. jurisdiction, and we have not identified any unoccupied areas within U.S. jurisdiction that are currently essential to the conservation of either of these species. On January 20, 2017, the White House issued a memorandum instructing Federal agencies to temporarily postpone the effective date for 60 days after January 20, 2017, of any regulations or guidance documents that have published in the Federal Register but not yet taken effect, for the purpose of ‘‘reviewing questions of fact, law, and SUPPLEMENTARY INFORMATION: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 [FR Doc. 2017–02609 Filed 2–8–17; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863–6211–02] RIN 0648–XF209 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: NMFS is reallocating the projected unused amounts of the Community Development Quota pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to provide opportunity for harvest of the 2017 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 9, 2017 until the effective date of the final 2017 and 2018 harvest specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, unless otherwise modified or superseded through publication of a notification in the Federal Register. 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 (Council) SUMMARY: E:\FR\FM\09FER1.SGM 09FER1 9976 Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations 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. In the Aleutian Islands subarea, the portion of the 2017 pollock total allowable catch (TAC) allocated to the Community Development Quota (CDQ) directed fishing allowance (DFA) is 1,900 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 16, 2016), and as adjusted by an inseason adjustment (82 FR 2916, January 10, 2017). As of February 1, 2017, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 1,900 mt of pollock CDQ DFA in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)(4), NMFS reallocates 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2015 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2017 Bering Sea CDQ DFA. As a result, the 2017 harvest specifications for pollock in the Aleutian Islands subarea included in the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 16, 2016) are revised as follows: 0 mt to CDQ DFA. Furthermore, pursuant to § 679.20(a)(5), Table 5 of the final 2015 and 2016 harvest specifications for groundfish in the BSAI (81 FR 14773, March 16, 2016), as adjusted by the inseason adjustment (82 FR 2916, January 10, 2017), is revised to make 2017 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2017 CDQ pollock allocations established at § 679.20(a)(5). TABLE 5—FINAL 2017 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1 [Amounts are in metric tons] 2017 A season 1 2017 Allocations Area and sector sradovich on DSK3GMQ082PROD with RULES Bering Sea subarea TAC 1 .............................................................................. CDQ DFA ......................................................................................................... ICA 1 ................................................................................................................. Total Bering Sea non-CDQ DFA ..................................................................... AFA Inshore ..................................................................................................... AFA Catcher/Processors 3 ............................................................................... Catch by C/Ps .................................................................................................. Catch by CVs 3 ................................................................................................. Unlisted C/P Limit 4 .......................................................................................... AFA Motherships ............................................................................................. Excessive Harvesting Limit 5 ............................................................................ Excessive Processing Limit 6 ........................................................................... Aleutian Islands subarea ABC ......................................................................... Aleutian Islands subarea TAC 1 ....................................................................... CDQ DFA ......................................................................................................... ICA ................................................................................................................... Aleut Corporation ............................................................................................. Area harvest limit 7 541 .................................................................................... 542 ............................................................................................................ 543 ............................................................................................................ Bogoslof District ICA 8 ...................................................................................... 1,346,900 136,400 47,210 1,163,291 581,645 465,316 425,764 39,552 2,327 116,329 203,576 348,987 36,061 17,100 0 2,400 14,700 10,818 5,409 1,803 500 A season DFA n/a 61,380 n/a 523,481 261,740 209,392 191,594 17,798 1,047 52,348 n/a n/a n/a n/a 0 1,200 13,224 n/a n/a n/a n/a SCA harvest limit 2 n/a 38,192 n/a 325,721 162,861 130,289 n/a n/a n/a 32,572 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 2017 B season 1 B season DFA n/a 75,020 n/a 639,810 319,905 255,924 234,170 21,754 1,280 63,981 n/a n/a n/a n/a 0 1,200 1,476 n/a n/a n/a n/a 1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i)–(iii), the annual Aleutian Islands pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery. 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. 3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors. 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ processors sector’s allocation of pollock. 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. 6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs. 7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC. 8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector. Note: Seasonal or sector apportionments may not total precisely due to rounding. VerDate Sep<11>2014 16:48 Feb 08, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM 09FER1 Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations Classification sradovich on DSK3GMQ082PROD with RULES 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 AI pollock. VerDate Sep<11>2014 15:44 Feb 08, 2017 Jkt 241001 Since the pollock fishery is currently open, it is important to immediately inform the industry as to the final Bering Sea subarea pollock allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors; and provide opportunity to harvest increased seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 1, 2017. PO 00000 Frm 00011 Fmt 4700 Sfmt 9990 9977 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: February 3, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–02611 Filed 2–8–17; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\09FER1.SGM 09FER1

Agencies

[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Rules and Regulations]
[Pages 9975-9977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02611]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF209


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pollock in the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amounts of the 
Community Development Quota pollock directed fishing allowance from the 
Aleutian Islands subarea to the Bering Sea subarea. This action is 
necessary to provide opportunity for harvest of the 2017 total 
allowable catch of pollock, consistent with the goals and objectives of 
the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 9, 2017 
until the effective date of the final 2017 and 2018 harvest 
specifications for Bering Sea and Aleutian Islands (BSAI) groundfish, 
unless otherwise modified or superseded through publication of a 
notification in the Federal Register.

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 
(Council)

[[Page 9976]]

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.
    In the Aleutian Islands subarea, the portion of the 2017 pollock 
total allowable catch (TAC) allocated to the Community Development 
Quota (CDQ) directed fishing allowance (DFA) is 1,900 metric tons (mt) 
as established by the final 2016 and 2017 harvest specifications for 
groundfish in the BSAI (81 FR 14773, March 16, 2016), and as adjusted 
by an inseason adjustment (82 FR 2916, January 10, 2017).
    As of February 1, 2017, the Administrator, Alaska Region, NMFS, 
(Regional Administrator) has determined that 1,900 mt of pollock CDQ 
DFA in the Aleutian Islands subarea will not be harvested. Therefore, 
in accordance with Sec.  679.20(a)(5)(iii)(B)(4), NMFS reallocates 
1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 
2015 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is 
added to the 2017 Bering Sea CDQ DFA. As a result, the 2017 harvest 
specifications for pollock in the Aleutian Islands subarea included in 
the final 2016 and 2017 harvest specifications for groundfish in the 
BSAI (81 FR 14773, March 16, 2016) are revised as follows: 0 mt to CDQ 
DFA. Furthermore, pursuant to Sec.  679.20(a)(5), Table 5 of the final 
2015 and 2016 harvest specifications for groundfish in the BSAI (81 FR 
14773, March 16, 2016), as adjusted by the inseason adjustment (82 FR 
2916, January 10, 2017), is revised to make 2017 pollock allocations 
consistent with this reallocation. This reallocation results in 
adjustments to the 2017 CDQ pollock allocations established at Sec.  
679.20(a)(5).

    Table 5--Final 2017 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2017 A season \1\        2017  B season
                                                       2017      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,346,900             n/a             n/a             n/a
CDQ DFA.........................................         136,400          61,380          38,192          75,020
ICA \1\.........................................          47,210             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,163,291         523,481         325,721         639,810
AFA Inshore.....................................         581,645         261,740         162,861         319,905
AFA Catcher/Processors \3\......................         465,316         209,392         130,289         255,924
Catch by C/Ps...................................         425,764         191,594             n/a         234,170
Catch by CVs \3\................................          39,552          17,798             n/a          21,754
Unlisted C/P Limit \4\..........................           2,327           1,047             n/a           1,280
AFA Motherships.................................         116,329          52,348          32,572          63,981
Excessive Harvesting Limit \5\..................         203,576             n/a             n/a             n/a
Excessive Processing Limit \6\..................         348,987             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          36,061             n/a             n/a             n/a
Aleutian Islands subarea TAC \1\................          17,100             n/a             n/a             n/a
CDQ DFA.........................................               0               0             n/a               0
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................          14,700          13,224             n/a           1,476
Area harvest limit \7\ 541......................          10,818             n/a             n/a             n/a
    542.........................................           5,409             n/a             n/a             n/a
    543.........................................           1,803             n/a             n/a             n/a
Bogoslof District ICA \8\.......................             500             n/a             n/a             n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10
  percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
  processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent
  of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
  season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i)-(iii), the annual Aleutian Islands
  pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA
  (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands
  subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated
  the remainder of the pollock directed fishery.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
  processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/
  processors.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
  percent of the Aleutian Islands pollock ABC.
\8\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The
  amounts specified are for ICA only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.


[[Page 9977]]

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 AI pollock. Since the pollock fishery 
is currently open, it is important to immediately inform the industry 
as to the final Bering Sea subarea pollock allocations. Immediate 
notification is necessary to allow for the orderly conduct and 
efficient operation of this fishery; allow the industry to plan for the 
fishing season and avoid potential disruption to the fishing fleet as 
well as processors; and provide opportunity to harvest increased 
seasonal pollock allocations while value is optimum. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of February 1, 2017.
    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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: February 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-02611 Filed 2-8-17; 8:45 am]
BILLING CODE 3510-22-P