82 FR 46171 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 191 (October 4, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 191 (October 4, 2017)
| Page Range | 46171-46172 | |
| FR Document | 2017-21356 |
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)] [Rules and Regulations] [Pages 46171-46172] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21356] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF714 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of 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. ----------------------------------------------------------------------- SUMMARY: NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to fully use the 2017 total allowable catch of Pacific ocean perch specified for the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2017, through 1200 hrs, A.l.t., December 31, 2017. Comments must be received at the following address no later than 4:30 p.m., A.l.t., October 19, 2017. ADDRESSES: Submit your comments, identified by NOAA-NMFS-2016-0140, by either of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/docket?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 will post the comments for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), 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: Steve Whitney, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands management area (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. NMFS closed directed fishing for Pacific ocean perch (POP) in the Bering Sea subarea of the BSAI under Sec. 679.20(d)(1)(iii) (82 FR 11826, February 27, 2017). NMFS has determined that approximately 3,800 metric tons of POP remain in the directed fishing allowance. Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2017 total allowable catch of POP in the Bering Sea subarea of the BSAI, NMFS is terminating the previous closure and is opening directed fishing for POP in Bering Sea subarea of the BSAI, effective 1200 hrs, A.l.t., October 1, 2017, through 1200 hrs, A.l.t., December 31, 2017. This will enhance the socioeconomic well-being of harvesters dependent on POP in this area. The Administrator, Alaska Region considered the following factors in reaching this decision: (1) The current catch of POP in the BSAI and, (2) the [[Page 46172]] harvest capacity and stated intent on future harvesting patterns of vessels 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 POP directed fishing in the Bering Sea subarea of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 20, 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 POP in the Bering Sea subarea of 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 October 19, 2017. This action is required by Sec. 679.20 and Sec. 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 29, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-21356 Filed 9-29-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 46171
affected by catastrophic conditions will affected area due to Hurricane Irma, complete the required fields, and enter
be limited under the paper-based numerous businesses are unable to or attach your comments.
system. There will be no mechanism for complete landings transactions and • Mail: Submit written comments to
transfers of IFQ shares or allocation dealer reports electronically. In order to Glenn Merrill, Assistant Regional
under the paper-based system in effect continue with their businesses, IFQ Administrator, Sustainable Fisheries
during catastrophic conditions. participants need to be aware they can Division, Alaska Region NMFS, Attn:
Assistance in complying with the still complete landing transactions and Ellen Sebastian. Mail comments to P.O.
requirements of the paper-based system dealer reports using the paper forms. Box 21668, Juneau, AK 99802–1668.
will be available via the Catch Share For the aforementioned reasons, the Instructions: NMFS may not consider
Support line, 1–866–425–7627 Monday AA also finds good cause to waive the comments if they are sent by any other
through Friday, between 8 a.m. and 4:30 30-day delay in the effectiveness of this method, to any other address or
p.m. eastern time. action under 5 U.S.C. 553(d)(3). individual, or received after the
Classification Authority: 16 U.S.C. 1801 et seq. comment period ends. All comments
received are a part of the public record
The Regional Administrator, Dated: September 29, 2017. and will post the comments for public
Southeast Region, NMFS, has Emily H. Menashes, viewing on www.regulations.gov
determined this temporary rule is Acting Director, Office of Sustainable without change. All personal identifying
necessary for the conservation and Fisheries, National Marine Fisheries Service. information (e.g., name, address, etc.),
management of reef fish, CMP species, [FR Doc. 2017–21329 Filed 9–29–17; 4:15 pm] confidential business information, or
spiny lobster, dolphin-wahoo, and BILLING CODE 3510–22–P otherwise sensitive information
snapper-grouper, managed under the submitted voluntarily by the sender is
Gulf IFQ Programs and the Federal publicly accessible. NMFS will accept
dealer reporting programs, as DEPARTMENT OF COMMERCE anonymous comments (enter ‘‘N/A’’ in
applicable, and is consistent with the the required fields if you wish to remain
Magnuson-Stevens Act and other National Oceanic and Atmospheric anonymous).
applicable laws. Administration
FOR FURTHER INFORMATION CONTACT:
This action is taken under 50 CFR
622.5(c), 622.21(a)(3)(iii), and 50 CFR Part 679 Steve Whitney, 907–586–7228.
622.22(a)(3)(iii), and is exempt from SUPPLEMENTARY INFORMATION: NMFS
[Docket No. 161020985–7181–02] manages the groundfish fishery in the
review under Executive Order 12866.
These measures are exempt from the RIN 0648–XF714 Bering Sea and Aleutian Islands
procedures of the Regulatory Flexibility management area (BSAI) exclusive
Act because this temporary rule is Fisheries of the Exclusive Economic economic zone according to the Fishery
issued without opportunity for prior Zone Off Alaska; Pacific Ocean Perch Management Plan for Groundfish of the
notice and comment. in the Bering Sea Subarea of the Bering Sea and Aleutian Islands
Pursuant to 5 U.S.C. 553(b)(B), there Bering Sea and Aleutian Islands management area (FMP) prepared by the
is good cause to waive the requirements Management Area North Pacific Fishery Management
to provide prior notice and opportunity Council under authority of the
for public comment on this temporary AGENCY: National Marine Fisheries Magnuson-Stevens Fishery
rule. Such procedures are unnecessary Service (NMFS), National Oceanic and Conservation and Management Act.
because the final rules implementing Atmospheric Administration (NOAA), Regulations governing fishing by U.S.
the Gulf IFQ programs and the Gulf and Commerce. vessels in accordance with the FMP
Atlantic Federal dealer reporting have ACTION: Temporary rule; modification of appear at subpart H of 50 CFR part 600
already been subject to notice and a closure. and 50 CFR part 679.
public comment. These rules authorize NMFS closed directed fishing for
the RA to determine when catastrophic SUMMARY: NMFS is opening directed Pacific ocean perch (POP) in the Bering
conditions exist, and which participants fishing for Pacific ocean perch in the Sea subarea of the BSAI under
or geographic areas are deemed affected Bering Sea subarea of the Bering Sea § 679.20(d)(1)(iii) (82 FR 11826,
by catastrophic conditions. The final and Aleutian Islands management area. February 27, 2017).
rules also authorize the RA to provide This action is necessary to fully use the NMFS has determined that
timely notice to affected participants via 2017 total allowable catch of Pacific approximately 3,800 metric tons of POP
publication of notification in the ocean perch specified for the Bering Sea remain in the directed fishing
Federal Register, NOAA Weather Radio, subarea of the Bering Sea and Aleutian allowance. Therefore, in accordance
Fishery Bulletins, and other appropriate Islands management area. with § 679.25(a)(1)(i), (a)(2)(i)(C), and
means. All that remains is to notify the DATES: Effective 1200 hrs, Alaska local (a)(2)(iii)(D), and to fully utilize the
public that catastrophic conditions exist time (A.l.t.), October 1, 2017, through 2017 total allowable catch of POP in the
and that paper forms may be utilized by 1200 hrs, A.l.t., December 31, 2017. Bering Sea subarea of the BSAI, NMFS
IFQ dealers in the affected area and that Comments must be received at the is terminating the previous closure and
Federal dealers may submit delayed following address no later than 4:30 is opening directed fishing for POP in
reports. Additionally, delaying this p.m., A.l.t., October 19, 2017. Bering Sea subarea of the BSAI, effective
temporary rule to provide prior notice ADDRESSES: Submit your comments, 1200 hrs, A.l.t., October 1, 2017,
and opportunity for public comment identified by NOAA–NMFS–2016–0140, through 1200 hrs, A.l.t., December 31,
sradovich on DSK3GMQ082PROD with RULES
would be contrary to the public interest by either of the following methods: 2017. This will enhance the
because affected participants are still • Electronic Submission: Submit all socioeconomic well-being of harvesters
fishing for and receiving these species electronic public comments via the dependent on POP in this area.
in the affected area and need a means Federal e-Rulemaking Portal. Go to The Administrator, Alaska Region
of completing their landing transactions. http://www.regulations.gov/ considered the following factors in
With the power outages and damages to docket?D=NOAA-NMFS-2016-0140, reaching this decision: (1) The current
infrastructure that have occurred in the click the ‘‘Comment Now!’’ icon, catch of POP in the BSAI and, (2) the
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![46172 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations
harvest capacity and stated intent on data in a timely fashion and would manner and in accordance with the
future harvesting patterns of vessels delay the opening of POP directed regulatory schedule. Under
participating in this fishery. fishing in the Bering Sea subarea of the § 679.25(c)(2), interested persons are
BSAI. NMFS was unable to publish a invited to submit written comments on
Classification
notice providing time for public this action to the above address until
This action responds to the best comment because the most recent, October 19, 2017.
available information recently obtained relevant data only became available as
from the fishery. The Assistant of September 20, 2017. This action is required by § 679.20
Administrator for Fisheries, NOAA The AA also finds good cause to and § 679.25 and is exempt from review
(AA), finds good cause to waive the waive the 30-day delay in the effective under Executive Order 12866.
requirement to provide prior notice and date of this action under 5 U.S.C. Authority: 16 U.S.C. 1801 et seq.
opportunity for public comment 553(d)(3). This finding is based upon
pursuant to the authority set forth at 5 Dated: September 29, 2017.
the reasons provided above for waiver of
U.S.C. 553(b)(B), as such requirement is prior notice and opportunity for public Emily H. Menashes,
impracticable and contrary to the public comment. Acting Director, Office of Sustainable
interest. This requirement is Without this inseason adjustment, Fisheries, National Marine Fisheries Service.
impracticable and contrary to the public NMFS could not allow the fishery for [FR Doc. 2017–21356 Filed 9–29–17; 4:15 pm]
interest as it would prevent NMFS from POP in the Bering Sea subarea of the BILLING CODE 3510–22–P
responding to the most recent fisheries BSAI to be harvested in an expedient
sradovich on DSK3GMQ082PROD with RULES
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Document Created: 2018-10-25 09:52:54
Document Modified: 2018-10-25 09:52:54
| 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; modification of a closure. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), October 1, 2017, through 1200 hrs, A.l.t., December 31, 2017. Comments must be received | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 82 FR 46171 | |
| RIN Number | 0648-XF71 |
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