Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 41899-41900 [2017-18733]

Download as PDF Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). mstockstill on DSK30JT082PROD with RULES L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 6, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial Jkt 241001 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. § 52.232 [Amended] 3. Section 52.232 is amended by removing and reserving paragraph (a)(1). ■ § 52.233 [Amended] 4. Section 52.233 is amended by removing and reserving paragraph (a)(1). ■ [FR Doc. 2017–18623 Filed 9–1–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 Dated: July 31, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [Docket No. 161020985–7181–02] Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraphs (c)(56)(i)(B), (c)(442)(i)(A)(5), and (c)(490) to read as follows: ■ Identification of plan—in part. * * * * (c) * * * (56) * * * (i) * * * (B) Previously approved on November 10, 1980 in paragraph (c)(56)(i)(A) of this section and now deleted with replacement in paragraph (c)(490)(i)(A)(1) of this section: Rule 207 and Rule 209. * * * * * (442) * * * (i) * * * (A) * * * (5) Rule 206, ‘‘Processing of Applications,’’ revised on October 22, 2013. * * * * * (490) An amended regulation was submitted on January 21, 2014 by the Governor’s designee. (i) Incorporation by reference. (A) Imperial County Air Pollution Control District. (1) Rule 207, ‘‘Federal New Source Review,’’ revised on October 22, 2013. PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 RIN 0648–XF654 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: ■ * The EPA lacks the discretionary authority to address environmental justice in this rulemaking. 16:52 Sep 01, 2017 List of Subjects in 40 CFR Part 52 § 52.220 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population VerDate Sep<11>2014 review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). 41899 NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear and catcher vessels greater than or equal to 60 feet (18.3 meters) length overall (LOA) using hook-and-line gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2017 total allowable catch of Pacific cod to be harvested. SUMMARY: Effective August 30, 2017, through 2400 hours, Alaska local time (A.l.t.), December 31, 2017. FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2017 Pacific cod total allowable catch (TAC) specified for vessels using jig gear in the BSAI is 1,293 metric tons (mt) as established by the final 2017 and DATES: E:\FR\FM\05SER1.SGM 05SER1 41900 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations mstockstill on DSK30JT082PROD with RULES 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and one inseason adjustment (82 FR 8905, February 1, 2017). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that jig vessels will not be able to harvest 1,612 mt of the remaining 2017 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 1,612 mt of Pacific cod to the annual amount specified for catcher vessels less than 60 feet LOA using hook-and-line or pot gear. The 2017 Pacific cod TAC specified for catcher vessels greater than or equal to 60 feet LOA using hook-and-line gear in the BSAI is 426 mt as established by final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). The Regional Administrator has determined that catcher vessels greater than or equal to 60 feet LOA using hookand-line gear will not be able to harvest 426 mt of the remaining 2017 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(3). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 426 mt of Pacific cod VerDate Sep<11>2014 16:52 Sep 01, 2017 Jkt 241001 to catcher vessels less than 60 feet LOA using hook-and-line or pot gear. The harvest specifications for Pacific cod included in the final 2017 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and inseason adjustment (82 FR 8905, February 1, 2017) are revised as follows: 107 mt for vessels using jig gear, 0 mt for catcher vessels greater than or equal to 60 feet LOA using hook-and-line gear, and 7,571 mt to catcher vessels less than 60 feet LOA using hook-and-line 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 other sectors to catcher PO 00000 Frm 00076 Fmt 4700 Sfmt 9990 vessels less than 60 feet 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 August 29, 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 30, 2017. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–18733 Filed 8–30–17; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\05SER1.SGM 05SER1

Agencies

[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41899-41900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18733]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF654


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.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using jig gear and catcher vessels greater than or 
equal to 60 feet (18.3 meters) length overall (LOA) using hook-and-line 
gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook-
and-line or pot gear in the Bering Sea and Aleutian Islands management 
area. This action is necessary to allow the 2017 total allowable catch 
of Pacific cod to be harvested.

DATES: Effective August 30, 2017, through 2400 hours, Alaska local time 
(A.l.t.), December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2017 Pacific cod total allowable catch (TAC) specified for 
vessels using jig gear in the BSAI is 1,293 metric tons (mt) as 
established by the final 2017 and

[[Page 41900]]

2018 harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017) and one inseason adjustment (82 FR 8905, February 1, 
2017).
    The Administrator, Alaska Region, NMFS, (Regional Administrator) 
has determined that jig vessels will not be able to harvest 1,612 mt of 
the remaining 2017 Pacific cod TAC allocated to those vessels under 
Sec.  679.20(a)(7)(ii)(A)(1). Therefore, in accordance with Sec.  
679.20(a)(7)(iii)(A), NMFS apportions 1,612 mt of Pacific cod to the 
annual amount specified for catcher vessels less than 60 feet LOA using 
hook-and-line or pot gear.
    The 2017 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet LOA using hook-and-line gear in the BSAI is 426 mt 
as established by final 2017 and 2018 harvest specifications for 
groundfish in the BSAI (82 FR 11826, February 27, 2017).
    The Regional Administrator has determined that catcher vessels 
greater than or equal to 60 feet LOA using hook-and-line gear will not 
be able to harvest 426 mt of the remaining 2017 Pacific cod TAC 
allocated to those vessels under Sec.  679.20(a)(7)(ii)(A)(3). 
Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A), NMFS 
apportions 426 mt of Pacific cod to catcher vessels less than 60 feet 
LOA using hook-and-line or pot gear.
    The harvest specifications for Pacific cod included in the final 
2017 harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017) and inseason adjustment (82 FR 8905, February 1, 
2017) are revised as follows: 107 mt for vessels using jig gear, 0 mt 
for catcher vessels greater than or equal to 60 feet LOA using hook-
and-line gear, and 7,571 mt to catcher vessels less than 60 feet LOA 
using hook-and-line 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 other 
sectors to catcher vessels less than 60 feet 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 August 29, 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 30, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18733 Filed 8-30-17; 4:15 pm]
 BILLING CODE 3510-22-P

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