82 FR 41899 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 170 (September 5, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 170 (September 5, 2017)
| Page Range | 41899-41900 | |
| FR Document | 2017-18733 |
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)] [Rules and Regulations] [Pages 41899-41900] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18733] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41899
Thus, Executive Order 13175 does not review may be filed, and shall not § 52.232 [Amended]
apply to this action. postpone the effectiveness of such rule ■ 3. Section 52.232 is amended by
or action. This action may not be removing and reserving paragraph (a)(1).
G. Executive Order 13045: Protection of
challenged later in proceedings to
Children From Environmental Health § 52.233 [Amended]
enforce its requirements (see section
Risks and Safety Risks
307(b)(2)). ■ 4. Section 52.233 is amended by
The EPA interprets Executive Order removing and reserving paragraph (a)(1).
13045 as applying only to those List of Subjects in 40 CFR Part 52
[FR Doc. 2017–18623 Filed 9–1–17; 8:45 am]
regulatory actions that concern Environmental protection, Air
BILLING CODE 6560–50–P
environmental health or safety risks that pollution control, Carbon monoxide,
the EPA has reason to believe may Incorporation by reference,
disproportionately affect children, per Intergovernmental relations, Nitrogen
the definition of ‘‘covered regulatory dioxide, Ozone, Particulate matter, DEPARTMENT OF COMMERCE
action’’ in section 2–202 of the Reporting and recordkeeping
Executive Order. This action is not National Oceanic and Atmospheric
requirements, Sulfur oxides, Volatile Administration
subject to Executive Order 13045 organic compounds.
because it does not impose additional Authority: 42 U.S.C. 7401 et seq.
requirements beyond those imposed by 50 CFR Part 679
state law. Dated: July 31, 2017. [Docket No. 161020985–7181–02]
Alexis Strauss,
H. Executive Order 13211: Actions That Acting Regional Administrator, Region IX.
RIN 0648–XF654
Significantly Affect Energy Supply,
Distribution, or Use Part 52, chapter I, title 40 of the Code Fisheries of the Exclusive Economic
of Federal Regulations is amended as Zone Off Alaska; Reallocation of
This action is not subject to Executive Pacific Cod in the Bering Sea and
follows:
Order 13211, because it is not a Aleutian Islands Management Area
significant regulatory action under PART 52—APPROVAL AND
Executive Order 12866. PROMULGATION OF AGENCY: National Marine Fisheries
IMPLEMENTATION PLANS Service (NMFS), National Oceanic and
I. National Technology Transfer and Atmospheric Administration (NOAA),
Advancement Act (NTTAA) Commerce.
■ 1. The authority citation for part 52
Section 12(d) of the NTTAA directs continues to read as follows: ACTION: Temporary rule; reallocation.
the EPA to use voluntary consensus
standards in its regulatory activities Authority: 42 U.S.C. 7401 et seq. SUMMARY: NMFS is reallocating the
unless to do so would be inconsistent projected unused amount of Pacific cod
Subpart F—California
with applicable law or otherwise from vessels using jig gear and catcher
impractical. The EPA believes that this ■ 2. Section 52.220 is amended by vessels greater than or equal to 60 feet
action is not subject to the requirements adding paragraphs (c)(56)(i)(B), (18.3 meters) length overall (LOA) using
of section 12(d) of the NTTAA because (c)(442)(i)(A)(5), and (c)(490) to read as hook-and-line gear to catcher vessels
application of those requirements would follows: less than 60 feet (18.3 meters) LOA
be inconsistent with the CAA. using hook-and-line or pot gear in the
§ 52.220 Identification of plan—in part. Bering Sea and Aleutian Islands
J. Executive Order 12898: Federal management area. This action is
Actions To Address Environmental * * * * *
(c) * * * necessary to allow the 2017 total
Justice in Minority Populations and allowable catch of Pacific cod to be
Low-Income Population (56) * * *
harvested.
(i) * * *
The EPA lacks the discretionary DATES: Effective August 30, 2017,
authority to address environmental (B) Previously approved on November
10, 1980 in paragraph (c)(56)(i)(A) of through 2400 hours, Alaska local time
justice in this rulemaking. (A.l.t.), December 31, 2017.
this section and now deleted with
K. Congressional Review Act (CRA) replacement in paragraph FOR FURTHER INFORMATION CONTACT:
This action is subject to the CRA, and (c)(490)(i)(A)(1) of this section: Rule 207 Obren Davis, 907–586–7228.
the EPA will submit a rule report to and Rule 209. SUPPLEMENTARY INFORMATION: NMFS
each House of the Congress and to the * * * * * manages the groundfish fishery in the
Comptroller General of the United (442) * * * Bering Sea and Aleutian Islands (BSAI)
States. This action is not a ‘‘major rule’’ (i) * * * according to the Fishery Management
as defined by 5 U.S.C. 804(2). (A) * * * Plan for Groundfish of the Bering Sea
(5) Rule 206, ‘‘Processing of and Aleutian Islands Management Area
L. Petitions for Judicial Review (FMP) prepared by the North Pacific
Applications,’’ revised on October 22,
Under section 307(b)(1) of the Clean 2013. Fishery Management Council under
Air Act, petitions for judicial review of authority of the Magnuson-Stevens
this action must be filed in the United * * * * * Fishery Conservation and Management
States Court of Appeals for the (490) An amended regulation was Act. Regulations governing fishing by
submitted on January 21, 2014 by the
mstockstill on DSK30JT082PROD with RULES
appropriate circuit by November 6, U.S. vessels in accordance with the FMP
2017. Filing a petition for Governor’s designee. appear at subpart H of 50 CFR part 600
reconsideration by the Administrator of (i) Incorporation by reference. and 50 CFR part 679.
this final rule does not affect the finality (A) Imperial County Air Pollution The 2017 Pacific cod total allowable
of this rule for the purposes of judicial Control District. catch (TAC) specified for vessels using
review nor does it extend the time (1) Rule 207, ‘‘Federal New Source jig gear in the BSAI is 1,293 metric tons
within which a petition for judicial Review,’’ revised on October 22, 2013. (mt) as established by the final 2017 and
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![41900 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
2018 harvest specifications for to catcher vessels less than 60 feet LOA vessels less than 60 feet LOA using
groundfish in the BSAI (82 FR 11826, using hook-and-line or pot gear. hook-and-line or pot gear. Since the
February 27, 2017) and one inseason The harvest specifications for Pacific fishery is currently open, it is important
adjustment (82 FR 8905, February 1, cod included in the final 2017 harvest to immediately inform the industry as to
2017). specifications for groundfish in the the revised allocations. Immediate
The Administrator, Alaska Region, BSAI (82 FR 11826, February 27, 2017) notification is necessary to allow for the
NMFS, (Regional Administrator) has and inseason adjustment (82 FR 8905, orderly conduct and efficient operation
determined that jig vessels will not be February 1, 2017) are revised as follows: of this fishery, to allow the industry to
able to harvest 1,612 mt of the 107 mt for vessels using jig gear, 0 mt plan for the fishing season, and to avoid
remaining 2017 Pacific cod TAC for catcher vessels greater than or equal potential disruption to the fishing fleet
allocated to those vessels under to 60 feet LOA using hook-and-line gear, as well as processors. NMFS was unable
§ 679.20(a)(7)(ii)(A)(1). Therefore, in and 7,571 mt to catcher vessels less than to publish a notice providing time for
accordance with § 679.20(a)(7)(iii)(A), 60 feet LOA using hook-and-line or pot public comment because the most
NMFS apportions 1,612 mt of Pacific gear. recent, relevant data only became
cod to the annual amount specified for available as of August 29, 2017.
Classification
catcher vessels less than 60 feet LOA The AA also finds good cause to
using hook-and-line or pot gear. This action responds to the best waive the 30-day delay in the effective
The 2017 Pacific cod TAC specified available information recently obtained date of this action under 5 U.S.C.
for catcher vessels greater than or equal from the fishery. The Assistant 553(d)(3). This finding is based upon
to 60 feet LOA using hook-and-line gear Administrator for Fisheries, NOAA the reasons provided above for waiver of
in the BSAI is 426 mt as established by (AA), finds good cause to waive the prior notice and opportunity for public
final 2017 and 2018 harvest requirement to provide prior notice and comment.
specifications for groundfish in the opportunity for public comment This action is required by § 679.20
BSAI (82 FR 11826, February 27, 2017). pursuant to the authority set forth at 5 and is exempt from review under
The Regional Administrator has U.S.C. 553(b)(B) as such requirement is Executive Order 12866.
determined that catcher vessels greater impracticable and contrary to the public Authority: 16 U.S.C. 1801 et seq.
than or equal to 60 feet LOA using hook- interest. This requirement is
and-line gear will not be able to harvest impracticable and contrary to the public Dated: August 30, 2017.
426 mt of the remaining 2017 Pacific interest as it would prevent NMFS from Alan D. Risenhoover,
cod TAC allocated to those vessels responding to the most recent fisheries Director, Office of Sustainable Fisheries,
under § 679.20(a)(7)(ii)(A)(3). Therefore, data in a timely fashion and would National Marine Fisheries Service.
in accordance with § 679.20(a)(7)(iii)(A), delay the reallocation of Pacific cod [FR Doc. 2017–18733 Filed 8–30–17; 4:15 pm]
NMFS apportions 426 mt of Pacific cod specified from other sectors to catcher BILLING CODE 3510–22–P
mstockstill on DSK30JT082PROD with RULES
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Document Created: 2017-09-02 03:24:50
Document Modified: 2017-09-02 03:24:50
| 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; reallocation. | |
| Dates | Effective August 30, 2017, through 2400 hours, Alaska local time (A.l.t.), December 31, 2017. | |
| Contact | Obren Davis, 907-586-7228. | |
| FR Citation | 82 FR 41899 | |
| RIN Number | 0648-XF65 |
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