Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2017 Gulf of Alaska Pollock Seasonal Apportionments, 41567-41568 [2017-18575]
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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations
existing regulatory authority. Without
additional action, the AMs for nongroundfish vessels would remain in
place for the entire 2017 fishing year,
through April 30, 2018. Maintaining the
AMs on the non-groundfish fishery
presents fairness, equity, and
conservation issues that were not
previously apparent, as neither we nor
the Council considered or foresaw the
possibility of the AMs being removed
for groundfish vessels but remaining in
place for the non-groundfish trawl
vessels, despite total catch being below
the ACL. The Council intends to address
this issue in Framework 57, which is
scheduled for implementation for the
2018 fishing year. However, the Council
cannot develop Framework 57 in time to
address this issue and/or remove the
AMs on the non-groundfish fishery this
fishing year.
Maintaining the AMs on the nongroundfish fishery for the full fishing
year would have immediate serious
economic impacts without contributing
further to the conservation goals of the
AMs. If the AM areas are in place for the
full fishing year, they are estimated to
result in $2 million in lost revenue in
catch of yellowtail flounder, winter
flounder, summer flounder, and scup.
The AM areas do not prohibit all fishing
with bottom-tending trawls, but require
the use of trawl gear designed to
minimize flatfish catch, which
eliminates access to target species that
vessels cannot recoup even if fishing in
other areas. Removing the AMs this
fishing year through an emergency
action mitigates serious economic harm
to the non-groundfish fishery while the
Council develops permanent FMP
measures.
For all of the reasons outlined above,
NMFS finds it impracticable and
contrary to the public interest to provide
prior opportunity to comment on these
emergency measures. Because this rule
alleviates a restriction, which if
continued would otherwise have serious
and unnecessary economic harm on
non-groundfish trawl vessels, it is not
subject to the 30-day delayed
effectiveness provision of the APA.
Prior notice and opportunity for public
comment and/or a 30-day delayed
effectiveness would prevent the positive
benefits that this rule is intended to
provide, particularly because the
fisheries most affected by the AM areas
are most active in the summer months
through September.
This action is being taken pursuant to
the emergency provision of the
Magnuson-Stevens Act and is exempt
from OMB review.
This emergency rule does not contain
policies with Federalism or ‘‘takings’’
VerDate Sep<11>2014
16:20 Aug 31, 2017
Jkt 241001
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
This emergency rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: August 28, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.90, add paragraph
(a)(5)(i)(D)(1)(iii) effective September 1,
2017 through February 28. 2018.
The addition reads as follows:
■
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
(a) * * *
(5) * * *
(i) * * *
(D) * * *
(1) * * *
(iii) Emergency rule reducing the
duration of southern windowpane
flounder AM for non-groundfish vessels.
Effective September 1, 2017 through
February 28. 2018, the southern
windowpane flounder AM is removed
for all vessels fishing with trawl gear
with a codend mesh size equal to or
greater than 5 inches (12.7 cm) in other,
non-specified sub-components of the
fishery, including, but not limited to,
exempted fisheries that occur in Federal
waters and fisheries harvesting
exempted species specified in
§ 648.80(b)(3).
*
*
*
*
*
[FR Doc. 2017–18495 Filed 8–31–17; 8:45 am]
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41567
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 160920866–7167–02]
RIN 0648–XF647
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2017 Gulf of Alaska Pollock
Seasonal Apportionments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS is adjusting the 2017 C
seasonal apportionments of the total
allowable catch (TAC) for pollock in the
Gulf of Alaska (GOA) by re-apportioning
unharvested pollock TAC in Statistical
Areas 610, 620, and 630 of the GOA.
This action is necessary to provide
opportunity for harvest of the 2017
pollock TAC, consistent with the goals
and objectives of the Fishery
Management Plan for Groundfish of the
Gulf of Alaska.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 29, 2017, until
2400 hours A.l.t., December 31, 2017.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 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
(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 annual pollock TACs in
Statistical Areas 610, 620, and 630 of
the GOA are apportioned among four
seasons, in accordance with
§ 679.23(d)(2). Regulations at
§ 679.20(a)(5)(iv)(B) allow the
underharvest of a seasonal
apportionment to be added to
subsequent seasonal apportionments,
provided that any revised seasonal
apportionment does not exceed 20
percent of the seasonal apportionment
for a given statistical area. Therefore,
NMFS is increasing the C season
apportionment of pollock in Statistical
Areas 610, 620, and 630 of the GOA to
SUMMARY:
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sradovich on DSK3GMQ082PROD with RULES
41568
Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations
reflect the underharvest of pollock in
those areas during the B season. In
addition, any underharvest remaining
beyond 20 percent of the originally
specified seasonal apportionment in a
particular area may be further
apportioned to other statistical areas.
Therefore, NMFS also is increasing the
C season apportionment of pollock to
Statistical Areas 610 and 630 based on
the underharvest of pollock in
Statistical Areas 620 of the GOA. These
adjustments are described below.
The C seasonal apportionment of the
2017 pollock TAC in Statistical Area
610 of the GOA is 19,569 metric tons
(mt) as established by the final 2017 and
2018 harvest specifications for
groundfish of the GOA (82 FR 12032;
February 27, 2017). In accordance with
§ 679.20(a)(5)(iv)(B), the Administrator,
Alaska Region, NMFS (Regional
Administrator), hereby increases the C
season apportionment for Statistical
Area 610 by 3,914 mt to account for the
underharvest of the TAC in Statistical
Areas 610 and 620 in the B season. This
increase is in proportion to the
estimated pollock biomass and is not
greater than 20 percent of the C seasonal
apportionment of the TAC in Statistical
Area 610. Therefore, the revised C
seasonal apportionment of the pollock
TAC in Statistical Area 610 is 23,483 mt
(19,569 mt plus 3,914 mt).
The C seasonal apportionment of the
pollock TAC in Statistical Area 620 of
the GOA is 12,341 mt as established by
the final 2017 and 2018 harvest
specifications for groundfish of the GOA
(82 FR 12032, February 27, 2017). In
accordance with § 679.20(a)(5)(iv)(B),
the Regional Administrator hereby
increases the C seasonal apportionment
for Statistical Area 620 by 2,468 mt to
account for the underharvest of the TAC
in Statistical Areas 620 in the B season.
This increase is not greater than 20
percent of the C seasonal apportionment
of the TAC in Statistical Area 620.
Therefore, the revised C seasonal
apportionment of the pollock TAC in
Statistical Area 620 is 14,809 mt (12,341
mt plus 2,468 mt).
The C seasonal apportionment of
pollock TAC in Statistical Area 630 of
the GOA is 15,886 mt as established by
the final 2017 and 2018 harvest
specifications for groundfish of the GOA
(82 FR 12032, February 27, 2017). In
accordance with § 679.20(a)(5)(iv)(B),
the Regional Administrator hereby
increases the C seasonal apportionment
for Statistical Area 630 by 3,177 mt to
account for the underharvest of the TAC
in Statistical Areas 620 and 630 in the
B season. This increase is in proportion
to the estimated pollock biomass and is
not greater than 20 percent of the C
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seasonal apportionment of the TAC in
Statistical Area 630. Therefore, the
revised C seasonal apportionment of
pollock TAC in Statistical Area 630 is
19,063 mt (15,886 mt plus 3,177 mt).
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
provide opportunity to harvest
increased pollock seasonal
apportionments. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of August 25, 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 § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 29, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2017–18575 Filed 8–29–17; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 160920866–7167–02]
RIN 0648–XF671
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Central Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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NMFS is prohibiting retention
of the incidental catch allowance for
Pacific ocean perch in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary because
the 2017 total allowable catch of Pacific
ocean perch apportioned to the
incidental catch allowance in the
Central Regulatory Area of the GOA has
been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 29, 2017,
through 2400 hours, A.l.t., December 31,
2017.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 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.
The 2017 total allowable catch (TAC)
of Pacific ocean perch apportioned to
the incidental catch allowance in the
Central Regulatory Area of the GOA is
2,000 metric tons (mt) as established by
the final 2017 and 2018 harvest
specifications for groundfish of the GOA
(82 FR 12032, February 27, 2017).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2017 TAC of Pacific
ocean perch apportioned to the
incidental catch allowance in the
Central Regulatory Area of the GOA has
been reached. Therefore, NMFS is
requiring that catches of the incidental
catch allowance for Pacific ocean perch
in the Central Regulatory Area of the
GOA be treated as prohibited species in
accordance with § 679.21(b). This
closure does not apply to fishing by
vessels participating in the cooperative
fishery of the Rockfish Program for the
Central GOA.
SUMMARY:
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
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[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41567-41568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18575]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 160920866-7167-02]
RIN 0648-XF647
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2017 Gulf of Alaska Pollock Seasonal Apportionments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the 2017 C seasonal apportionments of the
total allowable catch (TAC) for pollock in the Gulf of Alaska (GOA) by
re-apportioning unharvested pollock TAC in Statistical Areas 610, 620,
and 630 of the GOA. This action is necessary to provide opportunity for
harvest of the 2017 pollock TAC, consistent with the goals and
objectives of the Fishery Management Plan for Groundfish of the Gulf of
Alaska.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 29,
2017, until 2400 hours A.l.t., December 31, 2017.
FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 (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 annual pollock TACs in Statistical Areas 610, 620, and 630 of
the GOA are apportioned among four seasons, in accordance with Sec.
679.23(d)(2). Regulations at Sec. 679.20(a)(5)(iv)(B) allow the
underharvest of a seasonal apportionment to be added to subsequent
seasonal apportionments, provided that any revised seasonal
apportionment does not exceed 20 percent of the seasonal apportionment
for a given statistical area. Therefore, NMFS is increasing the C
season apportionment of pollock in Statistical Areas 610, 620, and 630
of the GOA to
[[Page 41568]]
reflect the underharvest of pollock in those areas during the B season.
In addition, any underharvest remaining beyond 20 percent of the
originally specified seasonal apportionment in a particular area may be
further apportioned to other statistical areas. Therefore, NMFS also is
increasing the C season apportionment of pollock to Statistical Areas
610 and 630 based on the underharvest of pollock in Statistical Areas
620 of the GOA. These adjustments are described below.
The C seasonal apportionment of the 2017 pollock TAC in Statistical
Area 610 of the GOA is 19,569 metric tons (mt) as established by the
final 2017 and 2018 harvest specifications for groundfish of the GOA
(82 FR 12032; February 27, 2017). In accordance with Sec.
679.20(a)(5)(iv)(B), the Administrator, Alaska Region, NMFS (Regional
Administrator), hereby increases the C season apportionment for
Statistical Area 610 by 3,914 mt to account for the underharvest of the
TAC in Statistical Areas 610 and 620 in the B season. This increase is
in proportion to the estimated pollock biomass and is not greater than
20 percent of the C seasonal apportionment of the TAC in Statistical
Area 610. Therefore, the revised C seasonal apportionment of the
pollock TAC in Statistical Area 610 is 23,483 mt (19,569 mt plus 3,914
mt).
The C seasonal apportionment of the pollock TAC in Statistical Area
620 of the GOA is 12,341 mt as established by the final 2017 and 2018
harvest specifications for groundfish of the GOA (82 FR 12032, February
27, 2017). In accordance with Sec. 679.20(a)(5)(iv)(B), the Regional
Administrator hereby increases the C seasonal apportionment for
Statistical Area 620 by 2,468 mt to account for the underharvest of the
TAC in Statistical Areas 620 in the B season. This increase is not
greater than 20 percent of the C seasonal apportionment of the TAC in
Statistical Area 620. Therefore, the revised C seasonal apportionment
of the pollock TAC in Statistical Area 620 is 14,809 mt (12,341 mt plus
2,468 mt).
The C seasonal apportionment of pollock TAC in Statistical Area 630
of the GOA is 15,886 mt as established by the final 2017 and 2018
harvest specifications for groundfish of the GOA (82 FR 12032, February
27, 2017). In accordance with Sec. 679.20(a)(5)(iv)(B), the Regional
Administrator hereby increases the C seasonal apportionment for
Statistical Area 630 by 3,177 mt to account for the underharvest of the
TAC in Statistical Areas 620 and 630 in the B season. This increase is
in proportion to the estimated pollock biomass and is not greater than
20 percent of the C seasonal apportionment of the TAC in Statistical
Area 630. Therefore, the revised C seasonal apportionment of pollock
TAC in Statistical Area 630 is 19,063 mt (15,886 mt plus 3,177 mt).
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 provide opportunity to harvest increased pollock seasonal
apportionments. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of August 25, 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: August 29, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2017-18575 Filed 8-29-17; 4:15 pm]
BILLING CODE 3510-22-P
