Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 46422-46424 [2017-21466]

Download as PDF 46422 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 4, 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 review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the final rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects Dated: September 25, 2017. Cathy Stepp, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR parts 52 and 70 as set forth below: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart CC—Nebraska 40 CFR Part 70 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. 2. Amend § 52.1420(c) by revising ‘‘129–1’’ and ‘‘129–15’’ to read as follows: ■ § 52.1420 * Identification of Plan. * * (c) * * * * * EPA-APPROVED NEBRASKA REGULATIONS Nebraska citation State effective date Title EPA approval date Explanation State of Nebraska Department of Environmental Quality Title 129—Nebraska Air Quality Regulations 129–1 .................. Definitions ....................... * 129–15 ................ * Operating Permit Modifications; Reopening for Cause. * * * * * PART 70—STATE OPERATING PERMIT PROGRAMS 3. The authority citation for part 70 continues to read as follows: ■ * 5/13/14 10/5/17, [Insert Federal Register citation]. * 10/5/17, [Insert Federal Register citation]. * * * * [FR Doc. 2017–21383 Filed 10–4–17; 8:45 am] 4. Amend appendix A to part 70 by adding new paragraph (o) under ‘‘Nebraska; City of Omaha; LincolnLancaster County Health Department’’ to read as follows: ■ * * * * * * DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985–7181–02] National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. * NMFS is exchanging unused flathead sole and rock sole Community Development Quota (CDQ) for yellowfin SUMMARY: * 16:56 Oct 04, 2017 Jkt 244001 * AGENCY: (o) The Nebraska Department of Environmental Quality submitted revisions VerDate Sep<11>2014 * Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area Nebraska; City of Omaha; Lincoln-Lancaster County Health Department * * RIN 0648–XF733 BILLING CODE 6560–50–P Appendix A to Part 70—Approval Status of State and Local Operating Permits Programs * The proposed definition of ‘‘solid waste’’ is not approved into the SIP. The second sentence beginning at ‘‘Solid waste’’ and ending at ‘‘discarded material’’, is not approved into the SIP. to the Nebraska Administrative Code, title 129, chapter 1, ‘‘Definitions’’ and chapter 15, ‘‘Operating Permit Modifications; Reopening for Cause’’ on July 14, 2014. The state effective date is May 13, 2014. This revision is effective December 4, 2017. * Authority: 42 U.S.C. 7401 et seq. ethrower on DSK3G9T082PROD with RULES 5/13/14 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2017 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested. DATES: Effective October 5, 2017 through December 31, 2017. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands management area (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 flathead sole, rock sole, and yellowfin sole CDQ reserves specified in the BSAI are 1,552 metric tons (mt), 5,740 mt, and 15,778 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and revised by flatfish exchange (82 FR 24253, May 26, 2017). The 2017 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 5,754 mt, 10,856 mt and 12,128 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and revised by flatfish exchange (82 FR 24253, May 26, 2017). 46423 The Coastal Villages Region Fund has requested that NMFS exchange 89 mt of flathead sole sole CDQ reserves and 250 mt of rock sole CDQ reserves for 339 mt of yellowfin sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 89 mt of flathead sole CDQ reserves and 250 mt of rock sole CDQ reserves for 339 mt of yellowfin sole CDQ ABC reserves in the BSAI. This action also decreases and increases the TACs and CDQ ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017), and revised by flatfish exchange (82 FR 24253, May 26, 2017), are further revised as follows: TABLE 11—FINAL 2017 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS [Amounts are in metric tons] Pacific ocean perch Sector Eastern Aleutian District TAC .......................................................... CDQ ......................................................... ICA ........................................................... BSAI trawl limited access ........................ Amendment 80 ......................................... Alaska Groundfish Cooperative ............... Alaska Seafood Cooperative ................... Central Aleutian District 7,900 845 100 695 6,259 3,319 2,940 Flathead sole Western Aleutian District 7,000 749 60 619 5,572 2,954 2,617 9,000 963 10 161 7,866 4,171 3,695 Rock sole Yellowfin sole BSAI BSAI BSAI 14,411 1,463 4,000 0 8,949 918 8,031 47,550 5,490 5,000 0 37,060 9,168 27,893 153,639 16,117 4,500 18,151 114,871 45,638 69,233 Note: Sector apportionments may not total precisely due to rounding. TABLE 13—FINAL 2017 AND 2018 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE [Amounts are in metric tons] 2017 Flathead sole Sector ABC .......................................................... TAC .......................................................... ABC surplus ............................................. ABC reserve ............................................. CDQ ABC reserve ................................... Amendment 80 ABC reserve ................... Alaska Groundfish Cooperative for 2017 1 ................................................... Alaska Seafood Cooperative for 2017 1 .. 2017 Rock sole 2017 Yellowfin sole 2018 Flathead sole 2018 Rock sole 2018 Yellowfin sole 68,278 14,411 53,867 53,867 5,843 48,024 155,100 47,550 107,550 107,550 11,106 96,444 260,800 153,639 107,161 107,161 11,789 95,372 66,164 14,500 51,664 51,664 5,528 46,136 143,100 47,100 96,000 96,000 10,272 85,728 250,800 154,000 96,800 96,800 10,358 86,442 4,926 43,098 23,857 72,587 37,891 57,481 n/a n/a n/a n/a n/a n/a ethrower on DSK3G9T082PROD with RULES 1 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. 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 VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 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 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 responding to the most recent fisheries data in a timely fashion and would delay the flatfish exchange by the Coastal Villages Regional Fund in the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised E:\FR\FM\05OCR1.SGM 05OCR1 46424 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations ethrower on DSK3G9T082PROD with RULES 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 September 28, 2017. VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 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. PO 00000 Frm 00056 Fmt 4700 Sfmt 9990 Authority: 16 U.S.C. 1801 et seq. Dated: October 2, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–21466 Filed 10–2–17; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\05OCR1.SGM 05OCR1

Agencies

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46422-46424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21466]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF733


Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of 
Flatfish 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 exchanging unused flathead sole and rock sole 
Community Development Quota (CDQ) for yellowfin

[[Page 46423]]

sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea 
and Aleutian Islands management area. This action is necessary to allow 
the 2017 total allowable catch of yellowfin sole in the Bering Sea and 
Aleutian Islands management area to be harvested.

DATES: Effective October 5, 2017 through December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Bering Sea and Aleutian Islands management area (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 flathead sole, rock sole, and yellowfin sole CDQ reserves 
specified in the BSAI are 1,552 metric tons (mt), 5,740 mt, and 15,778 
mt as established by the final 2017 and 2018 harvest specifications for 
groundfish in the BSAI (82 FR 11826, February 27, 2017) and revised by 
flatfish exchange (82 FR 24253, May 26, 2017). The 2017 flathead sole, 
rock sole, and yellowfin sole CDQ ABC reserves are 5,754 mt, 10,856 mt 
and 12,128 mt as established by the final 2017 and 2018 harvest 
specifications for groundfish in the BSAI (82 FR 11826, February 27, 
2017) and revised by flatfish exchange (82 FR 24253, May 26, 2017).
    The Coastal Villages Region Fund has requested that NMFS exchange 
89 mt of flathead sole sole CDQ reserves and 250 mt of rock sole CDQ 
reserves for 339 mt of yellowfin sole CDQ ABC reserves under Sec.  
679.31(d). Therefore, in accordance with Sec.  679.31(d), NMFS 
exchanges 89 mt of flathead sole CDQ reserves and 250 mt of rock sole 
CDQ reserves for 339 mt of yellowfin sole CDQ ABC reserves in the BSAI. 
This action also decreases and increases the TACs and CDQ ABC reserves 
by the corresponding amounts. Tables 11 and 13 of the final 2017 and 
2018 harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017), and revised by flatfish exchange (82 FR 24253, May 
26, 2017), are further revised as follows:

 Table 11--Final 2017 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
                                     Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                                                         -----------------------------------------------------------------------------------------------
                         Sector                               Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           7,900           7,000           9,000          14,411          47,550         153,639
CDQ.....................................................             845             749             963           1,463           5,490          16,117
ICA.....................................................             100              60              10           4,000           5,000           4,500
BSAI trawl limited access...............................             695             619             161               0               0          18,151
Amendment 80............................................           6,259           5,572           7,866           8,949          37,060         114,871
Alaska Groundfish Cooperative...........................           3,319           2,954           4,171             918           9,168          45,638
Alaska Seafood Cooperative..............................           2,940           2,617           3,695           8,031          27,893          69,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 13--Final 2017 and 2018 ABC Surplus, Community Development Quota (CDQ) Abc Reserves, and Amendment 80 ABC Reserves in the BSAI For Flathead Sole,
                                                              Rock Sole, and Yellowfin Sole
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          2017  Flathead    2017  Rock         2017       2018  Flathead    2018  Rock         2018
                         Sector                                sole            sole       Yellowfin sole       sole            sole       Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          68,278         155,100         260,800          66,164         143,100         250,800
TAC.....................................................          14,411          47,550         153,639          14,500          47,100         154,000
ABC surplus.............................................          53,867         107,550         107,161          51,664          96,000          96,800
ABC reserve.............................................          53,867         107,550         107,161          51,664          96,000          96,800
CDQ ABC reserve.........................................           5,843          11,106          11,789           5,528          10,272          10,358
Amendment 80 ABC reserve................................          48,024          96,444          95,372          46,136          85,728          86,442
Alaska Groundfish Cooperative for 2017 \1\..............           4,926          23,857          37,891             n/a             n/a             n/a
Alaska Seafood Cooperative for 2017 \1\.................          43,098          72,587          57,481             n/a             n/a             n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
  eligible participants apply for participation in the program by November 1, 2017.

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 flatfish exchange by the Coastal Villages Regional Fund 
in the BSAI. Since these fisheries are currently open, it is important 
to immediately inform the industry as to the revised

[[Page 46424]]

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 September 28, 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: October 2, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-21466 Filed 10-2-17; 4:15 pm]
 BILLING CODE 3510-22-P