82_FR_42218 82 FR 42047 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area

82 FR 42047 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range42047-42048
FR Document2017-18862

NMFS is opening directed fishing for Pacific cod by catcher vessels less than 6feet (18.3 meters) length overall (LOA) using hook- and-line or pot gear in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2017 total allowable catch of Pacific cod allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42047-42048]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18862]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF675


Fisheries of the Exclusive Economic Zone Off Alaska; 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; modification of a closure; request for 
comments.

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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher 
vessels less than 6feet (18.3 meters) length overall (LOA) using hook-
and-line or pot gear in the Bering Sea and Aleutian Islands Management 
Area (BSAI). This action is necessary to fully use the 2017 total 
allowable catch of Pacific cod allocated to catcher vessels less than 
60 feet LOA using hook-and-line or pot gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 
2017, through 2400 hours, A.l.t., December 31, 2017. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 21, 2017.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2016-0140, by 
either of the following methods:
     Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0140, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will post the comments for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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.

[[Page 42048]]

    NMFS closed directed fishing for Pacific cod by catcher vessels 
less than 60 feet LOA using hook-and-line or pot gear in the BSAI under 
Sec.  679.20(d)(1)(iii) on February 7, 2017 (82 FR 9530, February 7, 
2017).
    NMFS has determined that as of August 30, 2017, approximately 1,175 
metric tons of Pacific cod remain in the 2017 Pacific cod apportionment 
for catcher vessels less than 60 feet LOA using hook-and-line or pot 
gear in the BSAI. Therefore, in accordance with Sec.  679.25(a)(1)(i), 
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2017 total 
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating 
the previous closure and is opening directed fishing for Pacific cod by 
catcher vessels less than 60 feet LOA using hook-and-line or pot gear 
in the BSAI. The Administrator, Alaska Region, NMFS, (Regional 
Administrator) considered the following factors in reaching this 
decision: (1) The current catch of Pacific cod by catcher vessels less 
than 60 feet LOA using hook-and-line or pot gear in the BSAI and, (2) 
the harvest capacity and stated intent on future harvesting patterns of 
vessels in participating in this fishery.

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 opening of directed fishing for Pacific cod by catcher 
vessels less than 60 feet LOA using hook-and-line or pot gear in the 
BSAI. 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 and 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 30, 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific cod by catcher vessels less than 60 feet LOA using hook-
and-line or pot gear in the BSAI to be harvested in an expedient manner 
and in accordance with the regulatory schedule. Under Sec.  
679.25(c)(2), interested persons are invited to submit written comments 
on this action to the above address until September 21, 2017.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: August 31, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18862 Filed 8-31-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                          Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations                                         42047

                                             DEPARTMENT OF COMMERCE                                    After the effective dates of this                   ACTION: Temporary rule; modification of
                                                                                                     closure, the maximum retainable                       a closure; request for comments.
                                             National Oceanic and Atmospheric                        amounts at § 679.20(e) and (f) apply at
                                             Administration                                          any time during a trip.                               SUMMARY:    NMFS is opening directed
                                                                                                                                                           fishing for Pacific cod by catcher vessels
                                             50 CFR Part 679                                         Classification                                        less than 6feet (18.3 meters) length
                                                                                                        This action responds to the best                   overall (LOA) using hook-and-line or
                                             [Docket No. 161020985–7181–02]                          available information recently obtained               pot gear in the Bering Sea and Aleutian
                                                                                                     from the fishery. The Assistant                       Islands Management Area (BSAI). This
                                             RIN 0648–XF655
                                                                                                     Administrator for Fisheries, NOAA,                    action is necessary to fully use the 2017
                                             Fisheries of the Exclusive Economic                     (AA) finds good cause to waive the                    total allowable catch of Pacific cod
                                             Zone Off Alaska; Atka Mackerel in the                   requirement to provide prior notice and               allocated to catcher vessels less than 60
                                             Bering Sea and Aleutian Islands                         opportunity for public comment                        feet LOA using hook-and-line or pot
                                             Management Area                                         pursuant to the authority set forth at 5              gear in the BSAI.
                                                                                                     U.S.C. 553(b)(B) as such a requirement                DATES: Effective 1200 hours, Alaska
                                             AGENCY:  National Marine Fisheries                      is impracticable and contrary to the                  local time (A.l.t.), September 1, 2017,
                                             Service (NMFS), National Oceanic and                    public interest. This requirement is                  through 2400 hours, A.l.t., December 31,
                                             Atmospheric Administration (NOAA),                      impracticable and contrary to the public              2017. Comments must be received at the
                                             Commerce.                                               interest as it would prevent NMFS from                following address no later than 4:30
                                             ACTION: Temporary rule; closure.                        responding to the most recent fisheries               p.m., A.l.t., September 21, 2017.
                                                                                                     data in a timely fashion and would                    ADDRESSES: Submit your comments,
                                             SUMMARY:   NMFS is prohibiting directed                 delay the closure of the Atka mackerel                identified by NOAA–NMFS–2016–0140,
                                             fishing for Atka mackerel in the Central                directed fishery in the CAI for vessels               by either of the following methods:
                                             Aleutian district (CAI) of the Bering Sea               participating in the BSAI trawl limited                  • Federal e-Rulemaking Portal. Go to
                                             and Aleutian Islands management area                    access fishery. NMFS was unable to                    www.regulations.gov/
                                             (BSAI) by vessels participating in the                  publish a notice providing time for                   #!docketDetail;D=NOAA-NMFS-2016-
                                             BSAI trawl limited access fishery. This                 public comment because the most                       0140, click the ‘‘Comment Now!’’ icon,
                                             action is necessary to prevent exceeding                recent, relevant data only became                     complete the required fields, and enter
                                             the 2017 total allowable catch (TAC) of                 available as of August 30, 2017. The AA               or attach your comments.
                                             Atka mackerel in this area allocated to                 also finds good cause to waive the 30-                   • Mail: Submit written comments to
                                             vessels participating in the BSAI trawl                 day delay in the effective date of this               Glenn Merrill, Assistant Regional
                                             limited access fishery.                                 action under 5 U.S.C. 553(d)(3). This                 Administrator, Sustainable Fisheries
                                             DATES: Effective 1200 hrs, Alaska local                 finding is based upon the reasons                     Division, Alaska Region NMFS, Attn:
                                             time (A.l.t.), August 31, 2017, through                 provided above for waiver of prior                    Ellen Sebastian. Mail comments to P.O.
                                             2400 hrs, A.l.t., December 31, 2017.                    notice and opportunity for public                     Box 21668, Juneau, AK 99802–1668.
                                             FOR FURTHER INFORMATION CONTACT:                        comment.                                                 Instructions: NMFS may not consider
                                             Steve Whitney, 907–586–7228.                               This action is required by § 679.20                comments if they are sent by any other
                                             SUPPLEMENTARY INFORMATION: NMFS                         and is exempt from review under                       method, to any other address or
                                             manages the groundfish fishery in the                   Executive Order 12866.                                individual, or received after the
                                             BSAI exclusive economic zone                              Authority: 16 U.S.C. 1801 et seq.                   comment period ends. All comments
                                             according to the Fishery Management                                                                           received are a part of the public record
                                                                                                       Dated: August 31, 2017.                             and NMFS will post the comments for
                                             Plan for Groundfish of the Bering Sea                   Alan D. Risenhoover,
                                             and Aleutian Islands Management Area                                                                          public viewing on www.regulations.gov
                                                                                                     Director, Office of Sustainable Fisheries,            without change. All personal identifying
                                             (FMP) prepared by the North Pacific                     National Marine Fisheries Service.
                                             Fishery Management Council under                                                                              information (e.g., name, address),
                                                                                                     [FR Doc. 2017–18830 Filed 8–31–17; 4:15 pm]           confidential business information, or
                                             authority of the Magnuson-Stevens
                                             Fishery Conservation and Management                     BILLING CODE 3510–22–P                                otherwise sensitive information
                                             Act. Regulations governing fishing by                                                                         submitted voluntarily by the sender is
                                             U.S. vessels in accordance with the FMP                                                                       publicly accessible. NMFS will accept
                                                                                                     DEPARTMENT OF COMMERCE                                anonymous comments (enter ‘‘N/A’’ in
                                             appear at subpart H of 50 CFR part 600
                                             and 50 CFR part 679.                                                                                          the required fields if you wish to remain
                                                                                                     National Oceanic and Atmospheric                      anonymous).
                                                The 2017 TAC of Atka mackerel, in                    Administration
                                             the CAI, allocated to vessels                                                                                 FOR FURTHER INFORMATION CONTACT:
                                             participating in the BSAI trawl limited                 50 CFR Part 679                                       Obren Davis, 907–586–7228.
                                             access fishery was established as a                                                                           SUPPLEMENTARY INFORMATION: NMFS
                                             directed fishing allowance of 1,600                     [Docket No. 161020985–7181–02]
                                                                                                                                                           manages the groundfish fishery in the
                                             metric tons by the final 2017 and 2018                                                                        BSAI exclusive economic zone
                                             harvest specifications for groundfish in                                                                      according to the Fishery Management
                                             the BSAI (82 FR 11826, February 27,                     RIN 0648–XF675                                        Plan for Groundfish of the Bering Sea
                                             2017).                                                  Fisheries of the Exclusive Economic                   and Aleutian Islands Management Area
                                                In accordance with § 679.20(d)(1)(iii),              Zone Off Alaska; Pacific Cod in the                   (FMP) prepared by the North Pacific
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                                             the Regional Administrator finds that                   Bering Sea and Aleutian Islands                       Fishery Management Council under
                                             this directed fishing allowance has been                Management Area                                       authority of the Magnuson-Stevens
                                             reached. Consequently, NMFS is                                                                                Fishery Conservation and Management
                                             prohibiting directed fishing for Atka                   AGENCY:  National Marine Fisheries                    Act. Regulations governing fishing by
                                             mackerel in the CAI by vessels                          Service (NMFS), National Oceanic and                  U.S. vessels in accordance with the FMP
                                             participating in the BSAI trawl limited                 Atmospheric Administration (NOAA),                    appear at subpart H of 50 CFR part 600
                                             access fishery.                                         Commerce.                                             and 50 CFR part 679.


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                                             42048        Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations

                                                NMFS closed directed fishing for                     Classification                                          The AA also finds good cause to
                                             Pacific cod by catcher vessels less than                                                                      waive the 30-day delay in the effective
                                             60 feet LOA using hook-and-line or pot                     This action responds to the best                   date of this action under 5 U.S.C.
                                             gear in the BSAI under                                  available information recently obtained               553(d)(3). This finding is based upon
                                             § 679.20(d)(1)(iii) on February 7, 2017                 from the fishery. The Assistant
                                                                                                                                                           the reasons provided above for waiver of
                                             (82 FR 9530, February 7, 2017).                         Administrator for Fisheries, NOAA
                                                                                                                                                           prior notice and opportunity for public
                                                NMFS has determined that as of                       (AA), finds good cause to waive the
                                                                                                                                                           comment.
                                             August 30, 2017, approximately 1,175                    requirement to provide prior notice and
                                             metric tons of Pacific cod remain in the                opportunity for public comment                          Without this inseason adjustment,
                                             2017 Pacific cod apportionment for                      pursuant to the authority set forth at 5              NMFS could not allow the fishery for
                                             catcher vessels less than 60 feet LOA                   U.S.C. 553(b)(B) as such requirement is               Pacific cod by catcher vessels less than
                                             using hook-and-line or pot gear in the                  impracticable and contrary to the public              60 feet LOA using hook-and-line or pot
                                             BSAI. Therefore, in accordance with                     interest. This requirement is                         gear in the BSAI to be harvested in an
                                             § 679.25(a)(1)(i), (a)(2)(i)(C), and                    impracticable and contrary to the public              expedient manner and in accordance
                                             (a)(2)(iii)(D), and to fully use the 2017               interest as it would prevent NMFS from                with the regulatory schedule. Under
                                             total allowable catch (TAC) of Pacific                  responding to the most recent fisheries               § 679.25(c)(2), interested persons are
                                             cod in the BSAI, NMFS is terminating                    data in a timely fashion and would                    invited to submit written comments on
                                             the previous closure and is opening                     delay the opening of directed fishing for             this action to the above address until
                                             directed fishing for Pacific cod by                     Pacific cod by catcher vessels less than              September 21, 2017.
                                             catcher vessels less than 60 feet LOA                   60 feet LOA using hook-and-line or pot
                                             using hook-and-line or pot gear in the                  gear in the BSAI. Immediate notification                This action is required by § 679.25
                                             BSAI. The Administrator, Alaska                         is necessary to allow for the orderly                 and is exempt from review under
                                             Region, NMFS, (Regional Administrator)                  conduct and efficient operation of this               Executive Order 12866.
                                             considered the following factors in                     fishery, to allow the industry to plan for              Authority: 16 U.S.C. 1801 et seq.
                                             reaching this decision: (1) The current                 the fishing season, and to avoid                        Dated: August 31, 2017.
                                             catch of Pacific cod by catcher vessels                 potential disruption to the fishing fleet
                                             less than 60 feet LOA using hook-and-                   and processors. NMFS was unable to                    Alan D. Risenhoover,
                                             line or pot gear in the BSAI and, (2) the               publish a notice providing time for                   Director, Office of Sustainable Fisheries,
                                             harvest capacity and stated intent on                   public comment because the most                       National Marine Fisheries Service.
                                             future harvesting patterns of vessels in                recent, relevant data only became                     [FR Doc. 2017–18862 Filed 8–31–17; 4:15 pm]
                                             participating in this fishery.                          available as of August 30, 2017.                      BILLING CODE 3510–22–P
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Document Created: 2017-09-06 00:56:47
Document Modified: 2017-09-06 00:56:47
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; modification of a closure; request for comments.
DatesEffective 1200 hours, Alaska local time (A.l.t.), September 1, 2017, through 2400 hours, A.l.t., December 31, 2017. Comments must be
ContactObren Davis, 907-586-7228.
FR Citation82 FR 42047 
RIN Number0648-XF67

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