82 FR 41567 - Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2017 Gulf of Alaska Pollock Seasonal Apportionments
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 169 (September 1, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 169 (September 1, 2017)
| Page Range | 41567-41568 | |
| FR Document | 2017-18575 |
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)] [Rules and Regulations] [Pages 41567-41568] From the Federal Register Online [www.thefederalregister.org] [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
![Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41567
existing regulatory authority. Without implications as those terms are defined DEPARTMENT OF COMMERCE
additional action, the AMs for non- in E.O. 13132 and E.O. 12630,
groundfish vessels would remain in respectively. National Oceanic and Atmospheric
place for the entire 2017 fishing year, Administration
This emergency rule is exempt from
through April 30, 2018. Maintaining the
the procedures of the Regulatory
AMs on the non-groundfish fishery 50 CFR Part 679
Flexibility Act because the rule is issued
presents fairness, equity, and [Docket No. 160920866–7167–02]
conservation issues that were not without opportunity for prior notice and
previously apparent, as neither we nor opportunity for public comment. RIN 0648–XF647
the Council considered or foresaw the List of Subjects in 50 CFR Part 648
possibility of the AMs being removed Fisheries of the Exclusive Economic
for groundfish vessels but remaining in Fisheries, Fishing, Recordkeeping and Zone Off Alaska; Inseason Adjustment
place for the non-groundfish trawl reporting requirements. to the 2017 Gulf of Alaska Pollock
vessels, despite total catch being below Seasonal Apportionments
Dated: August 28, 2017.
the ACL. The Council intends to address AGENCY: National Marine Fisheries
this issue in Framework 57, which is Samuel D. Rauch III,
Service (NMFS), National Oceanic and
scheduled for implementation for the Deputy Assistant Administrator for
Atmospheric Administration (NOAA),
2018 fishing year. However, the Council Regulatory Programs, National Marine
Fisheries Service.
Commerce.
cannot develop Framework 57 in time to ACTION: Temporary rule; inseason
address this issue and/or remove the For the reasons set out in the adjustment.
AMs on the non-groundfish fishery this preamble, 50 CFR part 648 is amended
fishing year. as follows: SUMMARY: NMFS is adjusting the 2017 C
Maintaining the AMs on the non- seasonal apportionments of the total
groundfish fishery for the full fishing PART 648—FISHERIES OF THE allowable catch (TAC) for pollock in the
year would have immediate serious NORTHEASTERN UNITED STATES Gulf of Alaska (GOA) by re-apportioning
economic impacts without contributing unharvested pollock TAC in Statistical
further to the conservation goals of the Areas 610, 620, and 630 of the GOA.
AMs. If the AM areas are in place for the ■ 1. The authority citation for part 648
continues to read as follows: This action is necessary to provide
full fishing year, they are estimated to opportunity for harvest of the 2017
result in $2 million in lost revenue in Authority: 16 U.S.C. 1801 et seq. pollock TAC, consistent with the goals
catch of yellowtail flounder, winter and objectives of the Fishery
flounder, summer flounder, and scup. ■ 2. In § 648.90, add paragraph
Management Plan for Groundfish of the
The AM areas do not prohibit all fishing (a)(5)(i)(D)(1)(iii) effective September 1, Gulf of Alaska.
with bottom-tending trawls, but require 2017 through February 28. 2018.
DATES: Effective 1200 hours, Alaska
the use of trawl gear designed to The addition reads as follows: local time (A.l.t.), August 29, 2017, until
minimize flatfish catch, which 2400 hours A.l.t., December 31, 2017.
eliminates access to target species that § 648.90 NE multispecies assessment,
framework procedures and specifications, FOR FURTHER INFORMATION CONTACT: Josh
vessels cannot recoup even if fishing in
other areas. Removing the AMs this and flexible area action system. Keaton, 907–586–7228.
fishing year through an emergency SUPPLEMENTARY INFORMATION: NMFS
(a) * * * manages the groundfish fishery in the
action mitigates serious economic harm
to the non-groundfish fishery while the (5) * * * GOA exclusive economic zone
Council develops permanent FMP (i) * * * according to the Fishery Management
measures. Plan for Groundfish of the Gulf of
(D) * * * Alaska (FMP) prepared by the North
For all of the reasons outlined above,
NMFS finds it impracticable and (1) * * * Pacific Fishery Management Council
contrary to the public interest to provide (iii) Emergency rule reducing the (Council) under authority of the
prior opportunity to comment on these duration of southern windowpane Magnuson-Stevens Fishery
emergency measures. Because this rule flounder AM for non-groundfish vessels. Conservation and Management Act.
alleviates a restriction, which if Effective September 1, 2017 through Regulations governing fishing by U.S.
continued would otherwise have serious February 28. 2018, the southern vessels in accordance with the FMP
and unnecessary economic harm on windowpane flounder AM is removed appear at subpart H of 50 CFR part 600
non-groundfish trawl vessels, it is not and 50 CFR part 679.
for all vessels fishing with trawl gear
subject to the 30-day delayed The annual pollock TACs in
with a codend mesh size equal to or Statistical Areas 610, 620, and 630 of
effectiveness provision of the APA. greater than 5 inches (12.7 cm) in other,
Prior notice and opportunity for public the GOA are apportioned among four
non-specified sub-components of the seasons, in accordance with
comment and/or a 30-day delayed
fishery, including, but not limited to, § 679.23(d)(2). Regulations at
effectiveness would prevent the positive
benefits that this rule is intended to exempted fisheries that occur in Federal § 679.20(a)(5)(iv)(B) allow the
provide, particularly because the waters and fisheries harvesting underharvest of a seasonal
fisheries most affected by the AM areas exempted species specified in apportionment to be added to
are most active in the summer months § 648.80(b)(3). subsequent seasonal apportionments,
sradovich on DSK3GMQ082PROD with RULES
through September. * * * * * provided that any revised seasonal
This action is being taken pursuant to [FR Doc. 2017–18495 Filed 8–31–17; 8:45 am] apportionment does not exceed 20
the emergency provision of the BILLING CODE 3510–22–P percent of the seasonal apportionment
Magnuson-Stevens Act and is exempt for a given statistical area. Therefore,
from OMB review. NMFS is increasing the C season
This emergency rule does not contain apportionment of pollock in Statistical
policies with Federalism or ‘‘takings’’ Areas 610, 620, and 630 of the GOA to
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![41568 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations
reflect the underharvest of pollock in seasonal apportionment of the TAC in SUMMARY: NMFS is prohibiting retention
those areas during the B season. In Statistical Area 630. Therefore, the of the incidental catch allowance for
addition, any underharvest remaining revised C seasonal apportionment of Pacific ocean perch in the Central
beyond 20 percent of the originally pollock TAC in Statistical Area 630 is Regulatory Area of the Gulf of Alaska
specified seasonal apportionment in a 19,063 mt (15,886 mt plus 3,177 mt). (GOA). This action is necessary because
particular area may be further the 2017 total allowable catch of Pacific
apportioned to other statistical areas. Classification
ocean perch apportioned to the
Therefore, NMFS also is increasing the This action responds to the best incidental catch allowance in the
C season apportionment of pollock to available information recently obtained Central Regulatory Area of the GOA has
Statistical Areas 610 and 630 based on from the fishery. The Assistant been reached.
the underharvest of pollock in Administrator for Fisheries, NOAA DATES: Effective 1200 hours, Alaska
Statistical Areas 620 of the GOA. These (AA), finds good cause to waive the local time (A.l.t.), August 29, 2017,
adjustments are described below. requirement to provide prior notice and through 2400 hours, A.l.t., December 31,
The C seasonal apportionment of the opportunity for public comment 2017.
2017 pollock TAC in Statistical Area pursuant to the authority set forth at 5
FOR FURTHER INFORMATION CONTACT: Josh
610 of the GOA is 19,569 metric tons U.S.C. 553(b)(B) as such requirement is
Keaton, 907–586–7228.
(mt) as established by the final 2017 and impracticable and contrary to the public
2018 harvest specifications for SUPPLEMENTARY INFORMATION: NMFS
interest. This requirement is
groundfish of the GOA (82 FR 12032; impracticable and contrary to the public manages the groundfish fishery in the
February 27, 2017). In accordance with interest as it would prevent NMFS from GOA exclusive economic zone
§ 679.20(a)(5)(iv)(B), the Administrator, responding to the most recent fisheries according to the Fishery Management
Alaska Region, NMFS (Regional data in a timely fashion and would Plan for Groundfish of the Gulf of
Administrator), hereby increases the C provide opportunity to harvest Alaska (FMP) prepared by the North
season apportionment for Statistical increased pollock seasonal Pacific Fishery Management Council
Area 610 by 3,914 mt to account for the apportionments. NMFS was unable to under authority of the Magnuson-
underharvest of the TAC in Statistical publish a notice providing time for Stevens Fishery Conservation and
Areas 610 and 620 in the B season. This public comment because the most Management Act. Regulations governing
increase is in proportion to the recent, relevant data only became fishing by U.S. vessels in accordance
estimated pollock biomass and is not available as of August 25, 2017. with the FMP appear at subpart H of 50
greater than 20 percent of the C seasonal The AA also finds good cause to CFR part 600 and 50 CFR part 679.
apportionment of the TAC in Statistical waive the 30-day delay in the effective The 2017 total allowable catch (TAC)
Area 610. Therefore, the revised C date of this action under 5 U.S.C. of Pacific ocean perch apportioned to
seasonal apportionment of the pollock 553(d)(3). This finding is based upon the incidental catch allowance in the
TAC in Statistical Area 610 is 23,483 mt the reasons provided above for waiver of Central Regulatory Area of the GOA is
(19,569 mt plus 3,914 mt). prior notice and opportunity for public 2,000 metric tons (mt) as established by
The C seasonal apportionment of the comment. the final 2017 and 2018 harvest
pollock TAC in Statistical Area 620 of This action is required by § 679.20 specifications for groundfish of the GOA
the GOA is 12,341 mt as established by and is exempt from review under (82 FR 12032, February 27, 2017).
the final 2017 and 2018 harvest Executive Order 12866. In accordance with § 679.20(d)(2), the
specifications for groundfish of the GOA Administrator, Alaska Region, NMFS
Authority: 16 U.S.C. 1801 et seq. (Regional Administrator), has
(82 FR 12032, February 27, 2017). In
accordance with § 679.20(a)(5)(iv)(B), Dated: August 29, 2017. determined that the 2017 TAC of Pacific
the Regional Administrator hereby Alan D. Risenhoover, ocean perch apportioned to the
increases the C seasonal apportionment Director, Office of Sustainable Fisheries, incidental catch allowance in the
for Statistical Area 620 by 2,468 mt to National Marine Fisheries Service. Central Regulatory Area of the GOA has
account for the underharvest of the TAC [FR Doc. 2017–18575 Filed 8–29–17; 4:15 pm] been reached. Therefore, NMFS is
in Statistical Areas 620 in the B season. BILLING CODE 3510–22–P
requiring that catches of the incidental
This increase is not greater than 20 catch allowance for Pacific ocean perch
percent of the C seasonal apportionment in the Central Regulatory Area of the
of the TAC in Statistical Area 620. DEPARTMENT OF COMMERCE GOA be treated as prohibited species in
Therefore, the revised C seasonal accordance with § 679.21(b). This
apportionment of the pollock TAC in National Oceanic and Atmospheric closure does not apply to fishing by
Statistical Area 620 is 14,809 mt (12,341 Administration vessels participating in the cooperative
mt plus 2,468 mt). fishery of the Rockfish Program for the
The C seasonal apportionment of 50 CFR Part 679 Central GOA.
pollock TAC in Statistical Area 630 of
[Docket No. 160920866–7167–02] Classification
the GOA is 15,886 mt as established by
the final 2017 and 2018 harvest RIN 0648–XF671 This action responds to the best
specifications for groundfish of the GOA available information recently obtained
(82 FR 12032, February 27, 2017). In Fisheries of the Exclusive Economic from the fishery. The Assistant
accordance with § 679.20(a)(5)(iv)(B), Zone Off Alaska; Pacific Ocean Perch Administrator for Fisheries, NOAA
the Regional Administrator hereby in the Central Regulatory Area of the (AA), finds good cause to waive the
sradovich on DSK3GMQ082PROD with RULES
increases the C seasonal apportionment Gulf of Alaska requirement to provide prior notice and
for Statistical Area 630 by 3,177 mt to AGENCY: National Marine Fisheries opportunity for public comment
account for the underharvest of the TAC Service (NMFS), National Oceanic and pursuant to the authority set forth at 5
in Statistical Areas 620 and 630 in the Atmospheric Administration (NOAA), U.S.C. 553(b)(B) as such requirement is
B season. This increase is in proportion Commerce. impracticable and contrary to the public
to the estimated pollock biomass and is interest. This requirement is
ACTION: Temporary rule; closure.
not greater than 20 percent of the C impracticable and contrary to the public
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Document Created: 2017-09-01 01:50:25
Document Modified: 2017-09-01 01:50:25
| 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; inseason adjustment. | |
| Dates | Effective 1200 hours, Alaska local time (A.l.t.), August 29, 2017, until 2400 hours A.l.t., December 31, 2017. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 82 FR 41567 | |
| RIN Number | 0648-XF64 |
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