82 FR 47162 - 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 195 (October 11, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47162-47163 | |
| FR Document | 2017-22073 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Rules and Regulations] [Pages 47162-47163] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22073] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF732 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 [[Page 47163]] Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. ----------------------------------------------------------------------- SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels equal to or greater than 60 feet (18.3 meters) length overall (LOA) using pot gear to catcher/processors using pot gear and 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 October 6, 2017, through 2400 hours, Alaska local time (A.l.t.), December 31, 2017. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 catcher vessels greater than or equal to 60 feet LOA using pot gear in the BSAI is 17,889 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that catcher vessels greater than or equal to 60 feet LOA using pot gear will not be able to harvest 2,500 mt of the remaining 2017 Pacific cod TAC allocated to those vessels under Sec. 679.20(a)(7)(ii)(A)(5). Therefore, in accordance with Sec. 679.20(a)(7)(iii), taking into account the capabilities of the sectors to harvest reallocated amounts of Pacific cod, and following the hierarchies set forth in Sec. 679.20(a)(7)(iii)(A) and Sec. 679.20(a)(7)(iii)(B), NMFS reallocates 1,000 mt of Pacific cod to C/Ps using pot gear and 1,500 mt to catcher vessels less than 60 feet (18.3 m) 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 two inseason adjustments (82 FR 8905, February 1, 2017 and 82 FR 41899, September 5, 2017) are revised as follows: 15,389 mt for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear, 4,194 mt for C/Ps using pot gear, and 9,071 mt for catcher vessels less than 60 feet (18.3 m) 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 catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot gear to C/Ps using pot gear and catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI management area. Since these fisheries are 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 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 6, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-22073 Filed 10-6-17; 4:15 pm] BILLING CODE 3510-22-P
![47162 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
Federal Communications Commission. On April 11, 2017, NMFS published Magnuson-Stevens Act and other
Marlene H. Dortch, a final rule to implement Amendment applicable laws.
Secretary, Office of the Secretary. 26 to the FMP in the Federal Register This action is taken under 50 CFR
[FR Doc. 2017–21766 Filed 10–10–17; 8:45 am] (82 FR 17387). That final rule adjusted 622.384(e) and 622.388(a)(1)(i), and is
BILLING CODE 6712–01–P the management boundaries, zones, and exempt from review under Executive
annual catch limits for Gulf migratory Order 12866.
group king mackerel (Gulf king These measures are exempt from the
mackerel) (82 FR 21314, May 8, 2017). procedures of the Regulatory Flexibility
DEPARTMENT OF COMMERCE
The commercial quota for the Gulf king Act because the temporary rule is issued
National Oceanic and Atmospheric mackerel in the Gulf western zone is without opportunity for prior notice and
Administration 1,136,000 lb (515,281 kg) for the current comment.
fishing year, July 1, 2017, through June This action responds to the best
50 CFR Part 622 30, 2018 (50 CFR 622.384(b)(1)(i)). scientific information available. The
The western zone of Gulf king Assistant Administrator for NOAA
[Docket No. 160426363–7275–02] mackerel is located in the EEZ between Fisheries (AA) finds good cause to
RIN 0648–XF735 a line extending east from the border of waive the requirements to provide prior
the United States and Mexico, and notice and opportunity for public
Coastal Migratory Pelagic Resources 87°31.1′ W. long., which is a line comment pursuant to the authority set
of the Gulf of Mexico and Atlantic extending south from the state boundary forth at 5 U.S.C. 553(b)(B) as such
Region; 2017–2018 Commercial of Alabama and Florida. The western procedures are unnecessary and
Accountability Measure and Closure zone includes the EEZ off Texas, contrary to the public interest. Such
for King Mackerel in the Gulf of Mexico Louisiana, Mississippi, and Alabama. procedures are unnecessary because the
Western Zone Regulations at 50 CFR 622.388(a)(1)(i) rule implementing the commercial
require NMFS to close the commercial quota and the associated AM has
AGENCY: National Marine Fisheries sector for Gulf king mackerel in the already been subject to notice and
Service (NMFS), National Oceanic and western zone when the commercial
Atmospheric Administration (NOAA), public comment, and all that remains is
quota is reached, or is projected to be to notify the public of the closure.
Commerce. reached, by filing a notification to that Additionally, allowing prior notice and
ACTION: Temporary rule; closure. effect with the Office of the Federal opportunity for public comment is
SUMMARY: NMFS implements an Register. NMFS has determined the contrary to the public interest because
accountability measure (AM) for commercial quota of 1,136,000 lb of the need to immediately implement
commercial king mackerel in the (515,281 kg) for Gulf king mackerel in this action to protect the king mackerel
western zone of the Gulf of Mexico the western zone will be reached by stock, because the capacity of the
(Gulf) exclusive economic zone (EEZ) October 7, 2017. Accordingly, the fishing fleet allows for rapid harvest of
through this temporary rule. NMFS has western zone is closed to commercial the commercial quota. Prior notice and
determined that the commercial quota fishing for Gulf king mackerel effective opportunity for public comment would
for king mackerel in the western zone of at noon, local time, October 7, 2017, require time and could potentially result
the Gulf EEZ will be reached by October through June 30, 2018, the end of the in a harvest well in excess of the
7, 2017. Therefore, NMFS closes the current fishing year. established commercial quota.
western zone of the Gulf EEZ to During the closure, a person on board For the aforementioned reasons, the
commercial king mackerel fishing on a vessel that has been issued a valid AA also finds good cause to waive the
October 7, 2017. This closure is Federal commercial or charter vessel/ 30-day delay in the effectiveness of this
necessary to protect the Gulf king headboat permit for coastal migratory action under 5 U.S.C. 553(d)(3).
mackerel resource. pelagic fish may continue to retain the
Authority: 16 U.S.C. 1801 et seq.
king mackerel in the western zone
DATES: The closure is effective at noon, Dated: October 5, 2017.
under the recreational bag and
local time, October 7, 2017, until 12:01 Emily H. Menashes,
possession limits specified in 50 CFR
a.m., local time, on July 1, 2018. Acting Director, Office of Sustainable
622.382(a)(1)(ii) and (a)(2), as long as
FOR FURTHER INFORMATION CONTACT: Fisheries, National Marine Fisheries Service.
the recreational sector for Gulf king
Kelli O’Donnell, NMFS Southeast mackerel in the western zone is open [FR Doc. 2017–21908 Filed 10–5–17; 4:15 pm]
Regional Office, telephone: 727–824– (50 CFR 622.384(e)(1)). BILLING CODE 3510–22–P
5305, email: kelli.odonnell@noaa.gov. Also during the closure, king
SUPPLEMENTARY INFORMATION: The mackerel from the closed zone,
fishery for coastal migratory pelagic fish including those harvested under the bag DEPARTMENT OF COMMERCE
includes king mackerel, Spanish and possession limits, may not be
mackerel, and cobia, and is managed purchased or sold. This prohibition National Oceanic and Atmospheric
under the Fishery Management Plan for does not apply to king mackerel from Administration
the Coastal Migratory Pelagic Resources the closed zone that were harvested,
of the Gulf of Mexico and Atlantic landed ashore, and sold prior to the 50 CFR Part 679
Region (FMP). The FMP was prepared closure and were held in cold storage by [Docket No. 161020985–7181–02]
by the Gulf of Mexico and South a dealer or processor (50 CFR
Atlantic Fishery Management Councils RIN 0648–XF732
622.384(e)(2)).
and is implemented by NMFS under the
ethrower on DSK3G9T082PROD with RULES
Classification Fisheries of the Exclusive Economic
authority of the Magnuson-Stevens
Zone Off Alaska; Reallocation of
Fishery Conservation and Management The Regional Administrator for the
Pacific Cod in the Bering Sea and
Act (Magnuson-Stevens Act) by NMFS Southeast Region has determined
Aleutian Islands Management Area
regulations at 50 CFR part 622. All this temporary rule is necessary for the
weights for Gulf king mackerel below conservation and management of Gulf AGENCY: National Marine Fisheries
apply as either round or gutted weight. king mackerel and is consistent with the Service (NMFS), National Oceanic and
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47163
Atmospheric Administration (NOAA), The Administrator, Alaska Region, interest. This requirement is
Commerce. NMFS, (Regional Administrator) has impracticable and contrary to the public
ACTION: Temporary rule; reallocation. determined that catcher vessels greater interest as it would prevent NMFS from
than or equal to 60 feet LOA using pot responding to the most recent fisheries
SUMMARY: NMFS is reallocating the gear will not be able to harvest 2,500 mt data in a timely fashion and would
projected unused amount of Pacific cod of the remaining 2017 Pacific cod TAC delay the reallocation of Pacific cod
from catcher vessels equal to or greater allocated to those vessels under specified from catcher vessels greater
than 60 feet (18.3 meters) length overall § 679.20(a)(7)(ii)(A)(5). Therefore, in than or equal to 60 feet (18.3 m) LOA
(LOA) using pot gear to catcher/ accordance with § 679.20(a)(7)(iii), using pot gear to C/Ps using pot gear
processors using pot gear and catcher taking into account the capabilities of and catcher vessels less than 60 feet
vessels less than 60 feet (18.3 meters) the sectors to harvest reallocated (18.3 m) LOA using hook-and-line or
LOA using hook-and-line or pot gear in amounts of Pacific cod, and following pot gear in the BSAI management area.
the Bering Sea and Aleutian Islands the hierarchies set forth in Since these fisheries are currently open,
management area. This action is § 679.20(a)(7)(iii)(A) and it is important to immediately inform
necessary to allow the 2017 total § 679.20(a)(7)(iii)(B), NMFS reallocates the industry as to the revised
allowable catch of Pacific cod to be 1,000 mt of Pacific cod to C/Ps using pot allocations. Immediate notification is
harvested. gear and 1,500 mt to catcher vessels less necessary to allow for the orderly
DATES: Effective October 6, 2017, than 60 feet (18.3 m) LOA using hook- conduct and efficient operation of this
through 2400 hours, Alaska local time and-line or pot gear. fishery, to allow the industry to plan for
(A.l.t.), December 31, 2017. The harvest specifications for Pacific the fishing season, and to avoid
FOR FURTHER INFORMATION CONTACT: Josh cod included in the final 2017 harvest potential disruption to the fishing fleet
Keaton, 907–586–7228. specifications for groundfish in the as well as processors. NMFS was unable
SUPPLEMENTARY INFORMATION: NMFS BSAI (82 FR 11826, February 27, 2017) to publish a notice providing time for
manages the groundfish fishery in the and two inseason adjustments (82 FR public comment because the most
Bering Sea and Aleutian Islands (BSAI) 8905, February 1, 2017 and 82 FR recent, relevant data only became
according to the Fishery Management 41899, September 5, 2017) are revised as available as of September 28, 2017.
Plan for Groundfish of the Bering Sea follows: 15,389 mt for catcher vessels The AA also finds good cause to
and Aleutian Islands Management Area greater than or equal to 60 feet (18.3 m) waive the 30-day delay in the effective
(FMP) prepared by the North Pacific LOA using pot gear, 4,194 mt for C/Ps date of this action under 5 U.S.C.
Fishery Management Council under using pot gear, and 9,071 mt for catcher 553(d)(3). This finding is based upon
authority of the Magnuson-Stevens vessels less than 60 feet (18.3 m) LOA the reasons provided above for waiver of
Fishery Conservation and Management using hook-and-line or pot gear. prior notice and opportunity for public
Act. Regulations governing fishing by comment.
Classification
U.S. vessels in accordance with the FMP This action is required by § 679.20
appear at subpart H of 50 CFR part 600 This action responds to the best and is exempt from review under
and 50 CFR part 679. available information recently obtained Executive Order 12866.
The 2017 Pacific cod total allowable from the fishery. The Assistant Authority: 16 U.S.C. 1801 et seq.
catch (TAC) specified for catcher vessels Administrator for Fisheries, NOAA
greater than or equal to 60 feet LOA (AA), finds good cause to waive the Dated: October 6, 2017.
using pot gear in the BSAI is 17,889 requirement to provide prior notice and Emily H. Menashes,
metric tons (mt) as established by the opportunity for public comment Acting Director, Office of Sustainable
final 2017 and 2018 harvest pursuant to the authority set forth at 5 Fisheries, National Marine Fisheries Service.
specifications for groundfish in the U.S.C. 553(b)(B) as such requirement is [FR Doc. 2017–22073 Filed 10–6–17; 4:15 pm]
BSAI (82 FR 11826, February 27, 2017). impracticable and contrary to the public BILLING CODE 3510–22–P
ethrower on DSK3G9T082PROD with RULES
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Document Created: 2018-10-25 10:00:27
Document Modified: 2018-10-25 10:00:27
| 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 6, 2017, through 2400 hours, Alaska local time (A.l.t.), December 31, 2017. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 82 FR 47162 | |
| RIN Number | 0648-XF73 |
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