82 FR 46422 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range		46422-46424
FR Document		2017-21466

NMFS is exchanging unused flathead sole and rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2017 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46422-46424]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-21466]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF733

Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of
Flatfish 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.

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SUMMARY: NMFS is exchanging unused flathead sole and rock sole
Community Development Quota (CDQ) for yellowfin

[[Page 46423]]

sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea
and Aleutian Islands management area. This action is necessary to allow
the 2017 total allowable catch of yellowfin sole in the Bering Sea and
Aleutian Islands management area to be harvested.

DATES: Effective October 5, 2017 through December 31, 2017.

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) 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 flathead sole, rock sole, and yellowfin sole CDQ reserves
specified in the BSAI are 1,552 metric tons (mt), 5,740 mt, and 15,778
mt as established by the final 2017 and 2018 harvest specifications for
groundfish in the BSAI (82 FR 11826, February 27, 2017) and revised by
flatfish exchange (82 FR 24253, May 26, 2017). The 2017 flathead sole,
rock sole, and yellowfin sole CDQ ABC reserves are 5,754 mt, 10,856 mt
and 12,128 mt as established by the final 2017 and 2018 harvest
specifications for groundfish in the BSAI (82 FR 11826, February 27,
2017) and revised by flatfish exchange (82 FR 24253, May 26, 2017).
The Coastal Villages Region Fund has requested that NMFS exchange
89 mt of flathead sole sole CDQ reserves and 250 mt of rock sole CDQ
reserves for 339 mt of yellowfin sole CDQ ABC reserves under Sec.
679.31(d). Therefore, in accordance with Sec. 679.31(d), NMFS
exchanges 89 mt of flathead sole CDQ reserves and 250 mt of rock sole
CDQ reserves for 339 mt of yellowfin sole CDQ ABC reserves in the BSAI.
This action also decreases and increases the TACs and CDQ ABC reserves
by the corresponding amounts. Tables 11 and 13 of the final 2017 and
2018 harvest specifications for groundfish in the BSAI (82 FR 11826,
February 27, 2017), and revised by flatfish exchange (82 FR 24253, May
26, 2017), are further revised as follows:

Table 11--Final 2017 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 7,900 7,000 9,000 14,411 47,550 153,639
CDQ..................................................... 845 749 963 1,463 5,490 16,117
ICA..................................................... 100 60 10 4,000 5,000 4,500
BSAI trawl limited access............................... 695 619 161 0 0 18,151
Amendment 80............................................ 6,259 5,572 7,866 8,949 37,060 114,871
Alaska Groundfish Cooperative........................... 3,319 2,954 4,171 918 9,168 45,638
Alaska Seafood Cooperative.............................. 2,940 2,617 3,695 8,031 27,893 69,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.

Table 13--Final 2017 and 2018 ABC Surplus, Community Development Quota (CDQ) Abc Reserves, and Amendment 80 ABC Reserves in the BSAI For Flathead Sole,
Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017 Flathead 2017 Rock 2017 2018 Flathead 2018 Rock 2018
Sector sole sole Yellowfin sole sole sole Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC..................................................... 68,278 155,100 260,800 66,164 143,100 250,800
TAC..................................................... 14,411 47,550 153,639 14,500 47,100 154,000
ABC surplus............................................. 53,867 107,550 107,161 51,664 96,000 96,800
ABC reserve............................................. 53,867 107,550 107,161 51,664 96,000 96,800
CDQ ABC reserve......................................... 5,843 11,106 11,789 5,528 10,272 10,358
Amendment 80 ABC reserve................................ 48,024 96,444 95,372 46,136 85,728 86,442
Alaska Groundfish Cooperative for 2017 \1\.............. 4,926 23,857 37,891 n/a n/a n/a
Alaska Seafood Cooperative for 2017 \1\................. 43,098 72,587 57,481 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2017.

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 flatfish exchange by the Coastal Villages Regional Fund
in the BSAI. Since these fisheries are currently open, it is important
to immediately inform the industry as to the revised

[[Page 46424]]

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 September 28, 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: October 2, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-21466 Filed 10-2-17; 4:15 pm]
BILLING CODE 3510-22-P

46422 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations

is published in the Federal Register. EPA can withdraw this direct final rule Dated: September 25, 2017.
This action is not a ‘‘major rule’’ as and address the comment in the final Cathy Stepp,
defined by 5 U.S.C. 804(2). rulemaking. This action may not be Acting Regional Administrator, Region 7.
Under section 307(b)(1) of the CAA, challenged later in proceedings to
petitions for judicial review of this enforce its requirements. (See section For the reasons stated in the
action must be filed in the United States 307(b)(2).) preamble, EPA amends 40 CFR parts 52
Court of Appeals for the appropriate and 70 as set forth below:
List of Subjects
circuit by December 4, 2017. Filing a PART 52—APPROVAL AND
petition for reconsideration by the 40 CFR Part 52 PROMULGATION OF
Administrator of this final rule does not Environmental protection, Air IMPLEMENTATION PLANS
affect the finality of this rule for the pollution control, Carbon monoxide,
purposes of judicial review nor does it Incorporation by reference, ■ 1. The authority citation for part 52
extend the time within which a petition Intergovernmental relations, Lead, continues to read as follows:
for judicial review may be filed, and Nitrogen dioxide, Ozone, Particulate Authority: 42 U.S.C. 7401 et seq.
shall not postpone the effectiveness of matter, Reporting and recordkeeping
such rule or action. Parties with requirements, Sulfur oxides, Volatile Subpart CC—Nebraska
objections to this direct final rule are organic compounds.
encouraged to file a comment in ■ 2. Amend § 52.1420(c) by revising
response to the parallel notice of 40 CFR Part 70
‘‘129–1’’ and ‘‘129–15’’ to read as
proposed rulemaking for this action Environmental protection, follows:
published in the proposed rules section Administrative practice and procedure,
of this Federal Register, rather than file Air pollution control, Intergovernmental § 52.1420 Identification of Plan.
an immediate petition for judicial relations, Operating permits, Reporting * * * * *
review of this direct final rule, so that and recordkeeping requirements. (c) * * *
EPA-APPROVED NEBRASKA REGULATIONS
State effective
Nebraska citation Title EPA approval date Explanation
date

State of Nebraska

Department of Environmental Quality

Title 129—Nebraska Air Quality Regulations

129–1 .................. Definitions ....................... 5/13/14 10/5/17, [Insert Federal The proposed definition of ‘‘solid waste’’ is not ap-
Register citation]. proved into the SIP. The second sentence be-
ginning at ‘‘Solid waste’’ and ending at ‘‘dis-
carded material’’, is not approved into the SIP.

* * * * * * *
129–15 ................ Operating Permit Modi- 5/13/14 10/5/17, [Insert Federal
fications; Reopening Register citation].
for Cause.

* * * * * to the Nebraska Administrative Code, title DEPARTMENT OF COMMERCE
129, chapter 1, ‘‘Definitions’’ and chapter 15,
PART 70—STATE OPERATING PERMIT ‘‘Operating Permit Modifications; Reopening National Oceanic and Atmospheric
PROGRAMS for Cause’’ on July 14, 2014. The state Administration
effective date is May 13, 2014. This revision
■ 3. The authority citation for part 70 is effective December 4, 2017. 50 CFR Part 679
continues to read as follows:
* * * * * [Docket No. 161020985–7181–02]
Authority: 42 U.S.C. 7401 et seq. [FR Doc. 2017–21383 Filed 10–4–17; 8:45 am]
■ 4. Amend appendix A to part 70 by BILLING CODE 6560–50–P RIN 0648–XF733
adding new paragraph (o) under
‘‘Nebraska; City of Omaha; Lincoln- Fisheries of the Exclusive Economic
Lancaster County Health Department’’ Zone Off Alaska; Exchange of Flatfish
to read as follows: in the Bering Sea and Aleutian Islands
Management Area
Appendix A to Part 70—Approval
Status of State and Local Operating AGENCY: National Marine Fisheries
Permits Programs Service (NMFS), National Oceanic and
ethrower on DSK3G9T082PROD with RULES

Atmospheric Administration (NOAA),
* * * * * Commerce.
Nebraska; City of Omaha; Lincoln-Lancaster ACTION: Temporary rule; reallocation.
County Health Department
* * * * * SUMMARY: NMFS is exchanging unused
(o) The Nebraska Department of flathead sole and rock sole Community
Environmental Quality submitted revisions Development Quota (CDQ) for yellowfin

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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46423

sole CDQ acceptable biological catch Fishery Conservation and Management The Coastal Villages Region Fund has
(ABC) reserves in the Bering Sea and Act. Regulations governing fishing by requested that NMFS exchange 89 mt of
Aleutian Islands management area. This U.S. vessels in accordance with the FMP flathead sole sole CDQ reserves and 250
action is necessary to allow the 2017 appear at subpart H of 50 CFR part 600 mt of rock sole CDQ reserves for 339 mt
total allowable catch of yellowfin sole in and 50 CFR part 679. of yellowfin sole CDQ ABC reserves
the Bering Sea and Aleutian Islands The 2017 flathead sole, rock sole, and under § 679.31(d). Therefore, in
management area to be harvested. yellowfin sole CDQ reserves specified in accordance with § 679.31(d), NMFS
DATES: Effective October 5, 2017
the BSAI are 1,552 metric tons (mt), exchanges 89 mt of flathead sole CDQ
through December 31, 2017. 5,740 mt, and 15,778 mt as established
reserves and 250 mt of rock sole CDQ
by the final 2017 and 2018 harvest
FOR FURTHER INFORMATION CONTACT: reserves for 339 mt of yellowfin sole
specifications for groundfish in the
Steve Whitney, 907–586–7228. BSAI (82 FR 11826, February 27, 2017) CDQ ABC reserves in the BSAI. This
SUPPLEMENTARY INFORMATION: NMFS and revised by flatfish exchange (82 FR action also decreases and increases the
manages the groundfish fishery in the 24253, May 26, 2017). The 2017 flathead TACs and CDQ ABC reserves by the
Bering Sea and Aleutian Islands sole, rock sole, and yellowfin sole CDQ corresponding amounts. Tables 11 and
management area (BSAI) according to ABC reserves are 5,754 mt, 10,856 mt 13 of the final 2017 and 2018 harvest
the Fishery Management Plan for and 12,128 mt as established by the specifications for groundfish in the
Groundfish of the Bering Sea and final 2017 and 2018 harvest BSAI (82 FR 11826, February 27, 2017),
Aleutian Islands Management Area specifications for groundfish in the and revised by flatfish exchange (82 FR
(FMP) prepared by the North Pacific BSAI (82 FR 11826, February 27, 2017) 24253, May 26, 2017), are further
Fishery Management Council under and revised by flatfish exchange (82 FR revised as follows:
authority of the Magnuson-Stevens 24253, May 26, 2017).

TABLE 11—FINAL 2017 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]

Pacific ocean perch Flathead sole Rock sole Yellowfin sole

Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District

TAC .......................................................... 7,900 7,000 9,000 14,411 47,550 153,639
CDQ ......................................................... 845 749 963 1,463 5,490 16,117
ICA ........................................................... 100 60 10 4,000 5,000 4,500
BSAI trawl limited access ........................ 695 619 161 0 0 18,151
Amendment 80 ......................................... 6,259 5,572 7,866 8,949 37,060 114,871
Alaska Groundfish Cooperative ............... 3,319 2,954 4,171 918 9,168 45,638
Alaska Seafood Cooperative ................... 2,940 2,617 3,695 8,031 27,893 69,233
Note: Sector apportionments may not total precisely due to rounding.

TABLE 13—FINAL 2017 AND 2018 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND
AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
[Amounts are in metric tons]

2017 2017 2017 2018 2018 2018
Sector Flathead sole Rock sole Yellowfin sole Flathead sole Rock sole Yellowfin sole

ABC .......................................................... 68,278 155,100 260,800 66,164 143,100 250,800
TAC .......................................................... 14,411 47,550 153,639 14,500 47,100 154,000
ABC surplus ............................................. 53,867 107,550 107,161 51,664 96,000 96,800
ABC reserve ............................................. 53,867 107,550 107,161 51,664 96,000 96,800
CDQ ABC reserve ................................... 5,843 11,106 11,789 5,528 10,272 10,358
Amendment 80 ABC reserve ................... 48,024 96,444 95,372 46,136 85,728 86,442
Alaska Groundfish Cooperative for
2017 1 ................................................... 4,926 23,857 37,891 n/a n/a n/a
Alaska Seafood Cooperative for 2017 1 .. 43,098 72,587 57,481 n/a n/a n/a
1 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2017.

Classification opportunity for public comment responding to the most recent fisheries
ethrower on DSK3G9T082PROD with RULES

pursuant to the authority set forth at 5 data in a timely fashion and would
This action responds to the best
U.S.C. 553(b)(B) as such requirement is delay the flatfish exchange by the
available information recently obtained
from the fishery. The Assistant impracticable and contrary to the public Coastal Villages Regional Fund in the
Administrator for Fisheries, NOAA interest. This requirement is BSAI. Since these fisheries are currently
(AA), finds good cause to waive the impracticable and contrary to the public open, it is important to immediately
requirement to provide prior notice and interest as it would prevent NMFS from inform the industry as to the revised

VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1

$46424 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations allocations. Immediate notification is The AA also finds good cause to Authority: 16 U.S.C. 1801 et seq. necessary to allow for the orderly waive the 30-day delay in the effective Dated: October 2, 2017. conduct and efficient operation of this date of this action under 5 U.S.C. Emily H. Menashes, fishery, to allow the industry to plan for 553(d)(3). This finding is based upon the fishing season, and to avoid Acting Director, Office of Sustainable the reasons provided above for waiver of Fisheries, National Marine Fisheries Service. potential disruption to the fishing fleet prior notice and opportunity for public as well as processors. NMFS was unable [FR Doc. 2017–21466 Filed 10–2–17; 4:15 pm] comment. to publish a notice providing time for BILLING CODE 3510–22–P public comment because the most This action is required by § 679.20 recent, relevant data only became and is exempt from review under available as of September 28, 2017. Executive Order 12866. ethrower on DSK3G9T082PROD with RULES VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00056 Fmt 4700 Sfmt 9990 E:\FR\FM\05OCR1.SGM 05OCR1$

Document Created: 2017-10-05 00:53:55
Document Modified: 2017-10-05 00:53:55

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 October 5, 2017 through December 31, 2017.
Contact		Steve Whitney, 907-586-7228.
FR Citation		82 FR 46422
RIN Number		0648-XF73

82 FR 46422 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 192 (October 5, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration