82 FR 24880 - Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole for Vessels Participating in the BSAI Trawl Limited Access Fishery in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 103 (May 31, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24880-24881 | |
| FR Document | 2017-11197 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Rules and Regulations] [Pages 24880-24881] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11197] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF468 Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole for Vessels Participating in the BSAI Trawl Limited Access Fishery in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for yellowfin sole in the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2017 allocation of yellowfin sole total allowable catch for vessels participating in the BSAI trawl limited access fishery in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 26, 2017, through 2400 hrs, A.l.t., December 31, 2017. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 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 allocation of yellowfin sole total allowable catch for vessels participating in the BSAI trawl limited access fishery in the BSAI is 18,151 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). In accordance with Sec. 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2017 allocation of yellowfin sole total allowable catch allocated as a directed fishing allowance for vessels participating in the BSAI trawl limited access fishery in the BSAI will soon be reached. Consequently, NMFS is prohibiting directed fishing for yellowfin sole for vessels participating in the BSAI trawl limited access fishery in the BSAI. After the effective date of this closure the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Acting 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 closure of directed fishing for yellowfin sole by vessels fishing in the BSAI trawl limited access fishery in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 24, 2017. The acting 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 [[Page 24881]] 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: May 25, 2017. Margo B. Schulze-Haugen, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-11197 Filed 5-25-17; 4:15 pm] BILLING CODE 3510-22-P
![24880 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
Area to be closed to LAGC IFQ publish and receive comments on a SUPPLEMENTARY INFORMATION: NMFS
permitted vessels for the remainder of proposed rule would likely result in manages the groundfish fishery in the
the fishing year once the NMFS Greater vessels taking much more than the BSAI according to the Fishery
Atlantic Regional Administrator allowed number of trips in the Management Plan for Groundfish of the
determines that the allowed number of Nantucket Lightship Scallop Access Bering Sea and Aleutian Islands
trips for fishing year 2017 are projected Area. Excessive trips and harvest from Management Area (FMP) prepared by
to be taken. the Nantucket Lightship Scallop Access the North Pacific Fishery Management
Based on trip declarations by LAGC Area would result in excessive fishing Council under authority of the
IFQ scallop vessels fishing in the effort in the area, where effort controls Magnuson-Stevens Fishery
Nantucket Lightship Scallop Access are critical, thereby undermining Conservation and Management Act.
Area, analysis of fishing effort, and conservation objectives of the Atlantic Regulations governing fishing by U.S.
other information, NMFS projects that Sea Scallop Fishery Management Plan vessels in accordance with the FMP
837 trips will be taken as of May 30, and requiring more restrictive future appear at subpart H of 50 CFR part 600
2017. Therefore, in accordance with management measures. Also, the public and 50 CFR part 679.
§ 648.59(g)(3)(iii), NMFS is closing the had prior notice and full opportunity to The 2017 allocation of yellowfin sole
Nantucket Lightship Scallop Access comment on this closure process when total allowable catch for vessels
Area to all LAGC IFQ scallop vessels as we put these provisions in place. For participating in the BSAI trawl limited
of May 30, 2017. No vessel issued an these same reasons, NMFS further finds, access fishery in the BSAI is 18,151
LAGC IFQ permit may fish for, possess, pursuant to 5 U.S.C. 553(d)(3), good metric tons (mt) as established by the
or land scallops in or from the cause to waive the 30-day delayed final 2017 and 2018 harvest
Nantucket Lightship Scallop Access effectiveness period. specifications for groundfish in the
Area after 0001 local time, May 30, BSAI (82 FR 11826, February 27, 2017).
Authority: 16 U.S.C. 1801 et seq.
2017. Any LAGC IFQ vessel that has In accordance with § 679.20(d)(1)(iii),
declared into the Nantucket Lightship Dated: May 25, 2017. the Administrator, Alaska Region,
Access Area scallop fishery, complied Margo B. Schulze-Haugen, NMFS (Regional Administrator), has
with all trip notification and observer Acting Deputy Director, Office of Sustainable determined that the 2017 allocation of
requirements, and crossed the VMS Fisheries, National Marine Fisheries Service. yellowfin sole total allowable catch
demarcation line on the way to the area [FR Doc. 2017–11180 Filed 5–25–17; 4:15 pm] allocated as a directed fishing allowance
before 0001, May 30, 2017, may BILLING CODE 3510–22–P for vessels participating in the BSAI
complete its trip without being subject trawl limited access fishery in the BSAI
to this closure. This closure is in effect will soon be reached. Consequently,
for the remainder of the 2017 scallop DEPARTMENT OF COMMERCE NMFS is prohibiting directed fishing for
fishing year. yellowfin sole for vessels participating
National Oceanic and Atmospheric in the BSAI trawl limited access fishery
Classification Administration in the BSAI.
This action is required by 50 CFR part After the effective date of this closure
648 and is exempt from review under 50 CFR Part 679 the maximum retainable amounts at
Executive Order 12866. NMFS finds § 679.20(e) and (f) apply at any time
good cause pursuant to 5 U.S.C. [Docket No. 161020985–7181–02]
during a trip.
553(b)(B) to waive prior notice and the RIN 0648–XF468
opportunity for public comment Classification
because it would be contrary to the Fisheries of the Exclusive Economic This action responds to the best
public interest and impracticable. The Zone Off Alaska; Yellowfin Sole for available information recently obtained
Nantucket Lightship Scallop Access Vessels Participating in the BSAI Trawl from the fishery. The Acting Assistant
Area opened for the 2017 fishing year Limited Access Fishery in the Bering Administrator for Fisheries, NOAA
on March 23, 2017. The regulations at Sea and Aleutian Islands Management (AA), finds good cause to waive the
§ 648.59(g)(3)(iii) require this closure to Area requirement to provide prior notice and
ensure that LAGC IFQ scallop vessels do opportunity for public comment
not take more than their allocated AGENCY: National Marine Fisheries pursuant to the authority set forth at 5
number of trips in the Nantucket Service, National Oceanic and U.S.C. 553(b)(B) as such requirement is
Lightship Scallop Access Area. The Atmospheric Administration, impracticable and contrary to the public
projections of the date on which the Commerce. interest. This requirement is
LAGC IFQ fleet will have taken all of its ACTION: Temporary rule; closure. impracticable and contrary to the public
allocated trips in an Access Area interest as it would prevent NMFS from
become apparent only as trips into the SUMMARY: NMFS is prohibiting directed
responding to the most recent fisheries
area occur on a real-time basis and as fishing for yellowfin sole in the Bering
data in a timely fashion and would
activity trends begin to appear. As a Sea and Aleutian Islands management
delay the closure of directed fishing for
result, NMFS can only make an accurate area (BSAI) for vessels participating in
yellowfin sole by vessels fishing in the
projection very close in time to when the BSAI trawl limited access fishery.
BSAI trawl limited access fishery in the
the fleet has taken all of its trips. In This action is necessary to prevent
BSAI. NMFS was unable to publish a
order to propose a closure for purposes exceeding the 2017 allocation of
notice providing time for public
asabaliauskas on DSKBBXCHB2PROD with RULES
of receiving prior public comment, yellowfin sole total allowable catch for
comment because the most recent,
NMFS would need to make a projection vessels participating in the BSAI trawl
relevant data only became available as
based on very little information, which limited access fishery in the BSAI.
of May 24, 2017.
would result in a closure too early or too DATES: Effective 1200 hrs, Alaska local The acting AA also finds good cause
late. To allow LAGC IFQ scallop vessels time (A.l.t.), May 26, 2017, through 2400 to waive the 30-day delay in the
to continue to take trips in the hrs, A.l.t., December 31, 2017. effective date of this action under 5
Nantucket Lightship Scallop Access FOR FURTHER INFORMATION CONTACT: U.S.C. 553(d)(3). This finding is based
Area during the period necessary to Steve Whitney, 907–586–7228. upon the reasons provided above for
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![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations 24881
waiver of prior notice and opportunity This action is required by § 679.20 Dated: May 25, 2017.
for public comment. and is exempt from review under Margo B. Schulze-Haugen,
Executive Order 12866. Acting Deputy Director, Office of Sustainable
Authority: 16 U.S.C. 1801 et seq. Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–11197 Filed 5–25–17; 4:15 pm]
BILLING CODE 3510–22–P
asabaliauskas on DSKBBXCHB2PROD with RULES
VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 PO 00000 Frm 00057 Fmt 4700 Sfmt 9990 E:\FR\FM\31MYR1.SGM 31MYR1](https://thefederalregister.org/doc/82_FR_24983/page/2.svg)
Document Created: 2017-05-31 05:59:31
Document Modified: 2017-05-31 05:59:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), May 26, 2017, through 2400 hrs, A.l.t., December 31, 2017. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 82 FR 24880 | |
| RIN Number | 0648-XF46 |
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