82_FR_33161 82 FR 33024 - Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2017 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories

82 FR 33024 - Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2017 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 137 (July 19, 2017)

Page Range33024-33025
FR Document2017-15122

NMFS is reapportioning the seasonal apportionments of the 2017 Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2017 through June 30, 2017. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.

Federal Register, Volume 82 Issue 137 (Wednesday, July 19, 2017)
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Rules and Regulations]
[Pages 33024-33025]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15122]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 160920866-7167-02]
RIN 0648-XF558


Fisheries of the Exclusive Economic Zone Off Alaska; 
Reapportionment of the 2017 Gulf of Alaska Pacific Halibut Prohibited 
Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery 
Categories

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

ACTION: Temporary rule; reapportionment.

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SUMMARY: NMFS is reapportioning the seasonal apportionments of the 2017 
Pacific halibut prohibited species catch (PSC) limits for the trawl 
deep-water and shallow-water species fishery categories in the Gulf of 
Alaska. This action is necessary to account for the actual halibut PSC 
use by the trawl deep-water and shallow-water species fishery 
categories from May 15, 2017 through June 30, 2017. This action is 
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.), July 17, 2017, 
through 2400 hours, A.l.t., December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Gulf of Alaska (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 
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 final 2017 and 2018 harvest specifications for groundfish in 
the GOA (82 FR 12032, February 27, 2017) apportions the 2017 Pacific 
halibut PSC limit for trawl gear in the GOA to two trawl fishery 
categories: A deep-water species fishery and a shallow-water species 
fishery. The halibut PSC limit for these two trawl fishery categories 
is further apportioned by season, including four seasonal 
apportionments to the shallow-water species fishery and three seasonal 
apportionments to the deep-water species fishery. The two fishery 
categories also are apportioned a combined, fifth seasonal halibut PSC 
limit. Unused seasonal apportionments are added to the next season 
apportionment during a fishing year.
    Regulations at Sec.  679.21(d)(4)(iii)(D) require NMFS to combine 
management of the available trawl halibut PSC limits in the second 
season (April 1 through July 1) deep-water and shallow-water species 
fishery categories for use in either fishery from May 15 through June 
30 of each year. Furthermore, NMFS is required to reapportion the 
halibut PSC limit between the deep-water and shallow-water species 
fisheries after June 30 to account for actual halibut PSC use by each 
fishery category during May 15 through June 30. As of July 13, 2017, 
NMFS has determined that the trawl deep-water and shallow-water 
fisheries used 196 metric tons (mt) and 33 mt of halibut PSC, 
respectively, from May 15 through June 30. Accordingly, pursuant to 
Sec.  679.21(d)(4)(iii)(D), the Regional Administrator is 
reapportioning the combined first and second seasonal apportionments 
(810 mt) of halibut PSC limit between the trawl deep-water and shallow-
water fishery categories to account for the actual PSC use (722 mt) in 
each fishery. Therefore, Table 15 of the final 2017 and 2018 harvest 
specifications for groundfish in the GOA (82 FR 12032, February 27, 
2017) is revised consistent with this adjustment.

  Table 15--Final 2017 and 2018 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep-
                     Water Species Fishery and the Shallow-Water Species Fishery Categories.
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                             Season                                Shallow-water  Deep-water \1\       Total
----------------------------------------------------------------------------------------------------------------
January 20--April 1.............................................              28             221             249
April 1--July 1.................................................             119             354             473
                                                                 -----------------------------------------------
    Subtotal of combined first and second season limit (January              147             575             722
     20--July 1)................................................
July 1--September 1.............................................             184             416             600

[[Page 33025]]

 
September 1--October 1..........................................             128             (*)             128
                                                                 -----------------------------------------------
    Subtotal January 20--October 1..............................             459             991           1,450
October 1--December 31 \2\......................................  ..............  ..............             256
                                                                 -----------------------------------------------
        Total...................................................  ..............  ..............           1,706
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
  season (July 1 through September 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fishery categories during the
  fifth season (October 1 through December 31).
* Any remainder.

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 allow for harvests that exceed the originally specified 
apportionment of the halibut PSC limits to the deep-water and shallow-
water fishery categories. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of July 13, 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: July 14, 2017.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-15122 Filed 7-14-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                33024                   Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations

                                                  These billing rates may be prospectively or                              (c) Notwithstanding the provisions of                                 Contractor any additional amount on account
                                                retroactively revised by mutual agreement, at                            paragraphs (a) and (b) of this clause, ceilings                         of indirect costs in excess of the ceiling rates
                                                the request of either the Government or the                              are hereby established on indirect costs                                listed below:
                                                Contractor, to prevent substantial                                       reimbursable under this contract. The
                                                overpayment or underpayment.                                             Government shall not be obligated to pay the



                                                                                                             Cost center                                                                          Period             Rate             Base




                                                (End of clause)                                                          SUMMARY:    NMFS is reapportioning the                                  further apportioned by season,
                                                                                                                         seasonal apportionments of the 2017                                     including four seasonal apportionments
                                                PART 1553—FORMS                                                          Pacific halibut prohibited species catch                                to the shallow-water species fishery and
                                                                                                                         (PSC) limits for the trawl deep-water                                   three seasonal apportionments to the
                                                ■ 30. The authority citation for part                                    and shallow-water species fishery                                       deep-water species fishery. The two
                                                1553 continues to read as follows:                                       categories in the Gulf of Alaska. This                                  fishery categories also are apportioned a
                                                  Authority: Sec. 205(c), 63 Stat. 390, as                               action is necessary to account for the                                  combined, fifth seasonal halibut PSC
                                                amended, 40 U.S.C. 486(c).                                               actual halibut PSC use by the trawl                                     limit. Unused seasonal apportionments
                                                ■ 31. Revise the heading for section                                     deep-water and shallow-water species                                    are added to the next season
                                                1553.213 to read as follows:                                             fishery categories from May 15, 2017                                    apportionment during a fishing year.
                                                                                                                         through June 30, 2017. This action is                                      Regulations at § 679.21(d)(4)(iii)(D)
                                                1553.213 Simplified acquisition                                          consistent with the goals and objectives                                require NMFS to combine management
                                                procedures.                                                              of the Fishery Management Plan for                                      of the available trawl halibut PSC limits
                                                *        *        *         *         *                                  Groundfish of the Gulf of Alaska.                                       in the second season (April 1 through
                                                [FR Doc. 2017–14828 Filed 7–18–17; 8:45 am]                              DATES: Effective 1200 hours, Alaska                                     July 1) deep-water and shallow-water
                                                BILLING CODE 6560–50–P                                                   local time (A.l.t.), July 17, 2017, through                             species fishery categories for use in
                                                                                                                         2400 hours, A.l.t., December 31, 2017.                                  either fishery from May 15 through June
                                                                                                                         FOR FURTHER INFORMATION CONTACT:                                        30 of each year. Furthermore, NMFS is
                                                DEPARTMENT OF COMMERCE                                                   Obren Davis, 907–586–7228.                                              required to reapportion the halibut PSC
                                                                                                                         SUPPLEMENTARY INFORMATION: NMFS                                         limit between the deep-water and
                                                National Oceanic and Atmospheric                                         manages the groundfish fishery in the                                   shallow-water species fisheries after
                                                Administration                                                           Gulf of Alaska (GOA) exclusive                                          June 30 to account for actual halibut
                                                                                                                         economic zone according to the Fishery                                  PSC use by each fishery category during
                                                50 CFR Part 679                                                          Management Plan for Groundfish of the                                   May 15 through June 30. As of July 13,
                                                                                                                         Gulf of Alaska (FMP) prepared by the                                    2017, NMFS has determined that the
                                                [Docket No. 160920866–7167–02]                                           North Pacific Fishery Management                                        trawl deep-water and shallow-water
                                                                                                                         Council under authority of the                                          fisheries used 196 metric tons (mt) and
                                                RIN 0648–XF558                                                           Magnuson-Stevens Fishery                                                33 mt of halibut PSC, respectively, from
                                                                                                                         Conservation and Management Act.                                        May 15 through June 30. Accordingly,
                                                Fisheries of the Exclusive Economic                                      Regulations governing fishing by U.S.                                   pursuant to § 679.21(d)(4)(iii)(D), the
                                                Zone Off Alaska; Reapportionment of                                      vessels in accordance with the FMP                                      Regional Administrator is
                                                the 2017 Gulf of Alaska Pacific Halibut                                  appear at subpart H of 50 CFR part 600                                  reapportioning the combined first and
                                                Prohibited Species Catch Limits for the                                  and 50 CFR part 679.                                                    second seasonal apportionments (810
                                                Trawl Deep-Water and Shallow-Water                                          The final 2017 and 2018 harvest                                      mt) of halibut PSC limit between the
                                                Fishery Categories                                                       specifications for groundfish in the GOA                                trawl deep-water and shallow-water
                                                AGENCY:  National Marine Fisheries                                       (82 FR 12032, February 27, 2017)                                        fishery categories to account for the
                                                Service (NMFS), National Oceanic and                                     apportions the 2017 Pacific halibut PSC                                 actual PSC use (722 mt) in each fishery.
                                                Atmospheric Administration (NOAA),                                       limit for trawl gear in the GOA to two                                  Therefore, Table 15 of the final 2017
                                                Commerce.                                                                trawl fishery categories: A deep-water                                  and 2018 harvest specifications for
                                                                                                                         species fishery and a shallow-water                                     groundfish in the GOA (82 FR 12032,
                                                ACTION: Temporary rule;
                                                                                                                         species fishery. The halibut PSC limit                                  February 27, 2017) is revised consistent
                                                reapportionment.
                                                                                                                         for these two trawl fishery categories is                               with this adjustment.

                                                TABLE 15—FINAL 2017 AND 2018 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL GEAR
                                                            DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES.
                                                                                                                                         [Values are in metric tons]
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                                                                                                                Season                                                                         Shallow-water     Deep-water 1         Total

                                                January 20—April 1 .....................................................................................................................                    28              221               249
                                                April 1—July 1 .............................................................................................................................               119              354               473

                                                     Subtotal of combined first and second season limit (January 20—July 1) .........................                                                      147              575               722
                                                July 1—September 1 ...................................................................................................................                     184              416               600



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                                                                       Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations                                                                                              33025

                                                TABLE 15—FINAL 2017 AND 2018 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL GEAR
                                                       DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES.—Continued
                                                                                                                                           [Values are in metric tons]

                                                                                                                 Season                                                                             Shallow-water               Deep-water 1              Total

                                                September 1—October 1 .............................................................................................................                                   128                          (*)            128

                                                    Subtotal January 20—October 1 ..........................................................................................                                          459                        991          1,450
                                                October 1—December 31 2 .........................................................................................................                   ........................   ........................         256

                                                            Total ...............................................................................................................................   ........................   ........................       1,706
                                                   1 Vesselsparticipating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season (July 1 through September
                                                1) deep-water species fishery halibut PSC apportionment.
                                                  2 There is no apportionment between trawl shallow-water and deep-water species fishery categories during the fifth season (October 1 through
                                                December 31).
                                                  * Any remainder.


                                                Classification                                                             responding to the most recent fisheries                                      the reasons provided above for waiver of
                                                                                                                           data in a timely fashion and would                                           prior notice and opportunity for public
                                                   This action responds to the best                                        allow for harvests that exceed the                                           comment.
                                                available information recently obtained                                    originally specified apportionment of
                                                from the fishery. The Assistant                                                                                                                           This action is required by § 679.20
                                                                                                                           the halibut PSC limits to the deep-water
                                                Administrator for Fisheries, NOAA                                                                                                                       and is exempt from review under
                                                                                                                           and shallow-water fishery categories.
                                                (AA), finds good cause to waive the                                                                                                                     Executive Order 12866.
                                                                                                                           NMFS was unable to publish a notice
                                                requirement to provide prior notice and                                    providing time for public comment                                               Authority: 16 U.S.C. 1801 et seq.
                                                opportunity for public comment                                             because the most recent, relevant data                                         Dated: July 14, 2017.
                                                pursuant to the authority set forth at 5                                   only became available as of July 13,
                                                U.S.C. 553(b)(B) as such requirement is                                                                                                                 Margo B. Schulze-Haugen,
                                                                                                                           2017.
                                                impracticable and contrary to the public                                      The AA also finds good cause to                                           Acting Director, Office of Sustainable
                                                interest. This requirement is                                              waive the 30-day delay in the effective                                      Fisheries, National Marine Fisheries Service.
                                                impracticable and contrary to the public                                   date of this action under 5 U.S.C.                                           [FR Doc. 2017–15122 Filed 7–14–17; 4:15 pm]
                                                interest as it would prevent NMFS from                                     553(d)(3). This finding is based upon                                        BILLING CODE 3510–22–P
mstockstill on DSK30JT082PROD with RULES




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Document Created: 2017-07-19 06:17:50
Document Modified: 2017-07-19 06:17:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; reapportionment.
DatesEffective 1200 hours, Alaska local time (A.l.t.), July 17, 2017, through 2400 hours, A.l.t., December 31, 2017.
ContactObren Davis, 907-586-7228.
FR Citation82 FR 33024 
RIN Number0648-XF55

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