82_FR_47598 82 FR 47402 - Fisheries of the Exclusive Economic Zone Off Alaska; Sculpins in the Bering Sea and Aleutian Islands Management Area

82 FR 47402 - Fisheries of the Exclusive Economic Zone Off Alaska; Sculpins in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47402-47403
FR Document2017-22081

NMFS is prohibiting retention of sculpins in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2017 sculpins initial total allowable catch (ITAC) in the BSAI has been reached.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017) 
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47402-47403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22081]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF731


Fisheries of the Exclusive Economic Zone Off Alaska; Sculpins 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; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS is prohibiting retention of sculpins in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
because the 2017 sculpins initial total allowable catch (ITAC) in the 
BSAI has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 6, 2017, 
through 2400 hrs, A.l.t., December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
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

[[Page 47403]]

appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2017 sculpins ITAC in the BSAI is 3,825 metric tons (mt) as 
established by the final 2017 and 2018 harvest specifications for 
groundfish in the BSAI (82 FR 11826, February 27, 2017). In accordance 
with Sec.  679.20(d)(2), the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that the 2017 sculpins ITAC in 
the BSAI has been reached. Therefore, NMFS is requiring that sculpins 
caught in the BSAI be treated as prohibited species in accordance with 
Sec.  679.21(b).

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 prohibiting retention of sculpins in the BSAI. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as 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 Sec.  679.21 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. 2017-22081 Filed 10-6-17; 4:15 pm]
 BILLING CODE 3510-22-P

47402 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations B. The NTSB Will Not Seek an on state or local governments or will Improvements Act of 2015, Public Law Adjustment Below the Otherwise preempt state law; as such, this rule 114–74, sec. 701, 129 Stat. 584 (codified Required Catch-Up Adjustment Amount does not have implications for at 28 U.S.C. 2461 note) to adjust the The Inflation Adjustment Act permits federalism under E.O. 13132, maximum amount of each civil the NTSB to adjust the maximum civil Federalism, 64 FR 43255 (Aug. 4, 1999). monetary penalty within its jurisdiction penalty amount by less than the This rule also complies with all by the rate of inflation. Accordingly, for required amount if OMB concurs and applicable standards in sections 3(a) violations of 49 U.S.C. 1132, 1134(b), the NTSB determines that the required and 3(b)(2) of E.O. 12988, Civil Justice 1134(f)(1), or 1136(g), the NTSB may adjustment will have a negative Reform, 61 FR 4729 (Feb. 5, 1996), to assess a civil penalty pursuant to 49 economic impact, or the social costs minimize litigation, eliminate U.S.C. 1155(a) no greater than $1,617 will outweigh the benefits. 28 U.S.C. ambiguity, and reduce burden. against any person, except a member of 2461 note, sec. 4(c). The NTSB is not NTSB has evaluated this rule under: the armed forces of the United States or seeking an adjustment below the E.O. 12630, Governmental Actions and an employee of the Department of otherwise required amount. The Interference With Constitutionally Defense subject to the Uniform Code of required catch-up adjustment amount is Protected Property Rights, 53 FR 8859 Military Justice, when the member or sufficient to deter violations of the (Mar. 15, 1988); E.O. 13045, Protection employee is performing official duties. NTSB’s statutes and regulations, and the of Children From Environmental Health Robert L. Sumwalt III, NTSB does not perceive that a negative Risks and Safety Risks, 62 FR 19885 (Apr. 21, 1997); E.O. 13175, Chairman. economic impact or social cost will [FR Doc. 2017–21902 Filed 10–11–17; 8:45 am] result from the catch-up adjustment. Consultation and Coordination With Indian Tribal Governments, 65 FR BILLING CODE 7533–01–P III. The Annual Adjustment 67249 (Nov. 6, 2000); E.O. 13211, The maximum civil penalty amount Actions Concerning Regulations That established by the catch-up adjustment, Significantly Affect Energy Supply, DEPARTMENT OF COMMERCE $1,591, must be adjusted annually for Distribution, or Use, 66 FR 28355 (May inflation by January 15th of each year, 18, 2001); and the National Technology National Oceanic and Atmospheric beginning in 2017. 28 U.S.C. 2461 note, Transfer and Advancement Act, Public Administration sec. 4(b); OMB annual guidance, supra, Law 104–113, 110 Stat. 775, Mar. 7, at 1. The OMB annual guidance states 1996. The NTSB has concluded that this 50 CFR Part 679 that the CPI–U multiplier representing Interim Final Rule neither violates, nor [Docket No. 161020985–7181–02] the increase from the October 2015 CPI– requires further consideration under U to the October 2016 CPI–U is 1.01636. those Orders and statutes. RIN 0648–XF731 OMB annual guidance, supra, at 1. The NTSB invites comments relating Multiplying $1,591 times 1.01636 to any of the foregoing determinations Fisheries of the Exclusive Economic equals $1617.02876. Rounding to the and notes the most helpful comments Zone Off Alaska; Sculpins in the nearest dollar equals $1,617. reference a specific portion of this Bering Sea and Aleutian Islands The new maximum penalty amount Interim Final Rule, explain the reason Management Area applies only to civil penalties assessed for any recommended change, and AGENCY: National Marine Fisheries after the effective date of this Interim include supporting data. Service (NMFS), National Oceanic and Final Rule. The NTSB will next adjust List of Subjects in 49 CFR Part 831 Atmospheric Administration (NOAA), this amount for inflation by January 15, Commerce. 2018. Aircraft accidents, Aircraft incidents, Aviation safety, Hazardous materials ACTION: Temporary rule; closure. IV. Regulatory Analysis transportation, Highway safety, SUMMARY: NMFS is prohibiting retention The Inflation Adjustment Act requires Investigations, Marine safety, Pipeline of sculpins in the Bering Sea and the NTSB to complete its catch-up safety, Railroad safety. Aleutian Islands management area adjustment in an Interim Final Rule. 28 Accordingly, for the reasons stated in (BSAI). This action is necessary because U.S.C. 2461 note, sec. 4(b)(1)(A). the Preamble, the NTSB amends 49 CFR the 2017 sculpins initial total allowable Similarly, the Act provides that annual part 831 as follows: catch (ITAC) in the BSAI has been adjustments shall be completed reached. ‘‘notwithstanding [5 U.S.C. 553]’’. 28 PART 831—INVESTIGATION U.S.C. 2461 note, sec. 4(b)(2). PROCEDURES DATES: Effective 1200 hrs, Alaska local This rule does not require an time (A.l.t.), October 6, 2017, through ■ 1. The authority citation for part 831 2400 hrs, A.l.t., December 31, 2017. assessment of its potential costs and is revised to read as follows: FOR FURTHER INFORMATION CONTACT: benefits under section 6(a)(3) of E.O. 12866, Regulatory Planning and Review, Authority: 49 U.S.C. 1113(f). Steve Whitney, 907–586–7228. 58 FR 51735 (Sept. 30, 1993), because it Section 831.15 also issued under Pub. SUPPLEMENTARY INFORMATION: NMFS is not a ‘‘significant regulatory action’’ L. 101–410, 104 Stat. 890, amended by manages the groundfish fishery in the under section 3(f) of that Order. Thus, Pub. L. 114–74, sec. 701, 129 Stat. 584 BSAI according to the Fishery the Office of Management and Budget (28 U.S.C. 2461 note). Management Plan for Groundfish of the has not reviewed this rule under E.O. ■ 2. Add § 831.15 to read as follows: Bering Sea and Aleutian Islands jstallworth on DSKBBY8HB2PROD with RULES 12866. Likewise, this rule does not Management Area (FMP) prepared by require an analysis under the Unfunded § 831.15 Civil penalties. the North Pacific Fishery Management Mandates Reform Act, 2 U.S.C. 1501–71, The NTSB is required by the Federal Council under authority of the or the National Environmental Policy Civil Penalties Inflation Adjustment Act Magnuson-Stevens Fishery Act, 42 U.S.C. 4321–47. of 1990, Public Law 101–410, 104 Stat. Conservation and Management Act. The NTSB does not anticipate this 890, as amended by the Federal Civil Regulations governing fishing by U.S. rule will have a substantial, direct effect Penalties Inflation Adjustment Act vessels in accordance with the FMP VerDate Sep<11>2014 14:21 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1

Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47403 appear at subpart H of 50 CFR part 600 DEPARTMENT OF COMMERCE rockfish’’ includes all Sebastes and and 50 CFR part 679. Sebastolobus species except for Pacific National Oceanic and Atmospheric ocean perch, northern rockfish, The 2017 sculpins ITAC in the BSAI Administration shortraker rockfish, and rougheye is 3,825 metric tons (mt) as established by the final 2017 and 2018 harvest rockfish. 50 CFR Part 679 specifications for groundfish in the Classification BSAI (82 FR 11826, February 27, 2017). [Docket No. 161020985–7181–02] This action responds to the best In accordance with § 679.20(d)(2), the available information recently obtained RIN 0648–XF736 Administrator, Alaska Region, NMFS from the fishery. The Assistant (Regional Administrator), has Fisheries of the Exclusive Economic Administrator for Fisheries, NOAA determined that the 2017 sculpins ITAC Zone Off Alaska; Other Rockfish in the (AA), finds good cause to waive the in the BSAI has been reached. Aleutian Islands Subarea of the Bering requirement to provide prior notice and Therefore, NMFS is requiring that Sea and Aleutian Islands Management opportunity for public comment sculpins caught in the BSAI be treated Area pursuant to the authority set forth at 5 as prohibited species in accordance U.S.C. 553(b)(B) as such requirement is with § 679.21(b). AGENCY: National Marine Fisheries impracticable and contrary to the public Service (NMFS), National Oceanic and interest. This requirement is Classification Atmospheric Administration (NOAA), impracticable and contrary to the public Commerce. interest as it would prevent NMFS from This action responds to the best ACTION: Temporary rule; closure. responding to the most recent fisheries available information recently obtained from the fishery. The Assistant data in a timely fashion and would SUMMARY: NMFS is prohibiting retention Administrator for Fisheries, NOAA delay prohibiting retention of ‘‘other of ‘‘other rockfish’’ in the Aleutian (AA), finds good cause to waive the rockfish’’ in the Aleutian Islands Islands subarea of the Bering Sea and subarea of the BSAI. NMFS was unable requirement to provide prior notice and Aleutian Islands management area to publish a notice providing time for opportunity for public comment (BSAI). This action is necessary because public comment because the most pursuant to the authority set forth at 5 the 2017 ‘‘other rockfish’’ total recent, relevant data only became U.S.C. 553(b)(B) as such requirement is allowable catch (TAC) in the Aleutian available as September 28, 2017. impracticable and contrary to the public Islands subarea of the BSAI has been The AA also finds good cause to interest. This requirement is reached. waive the 30-day delay in the effective impracticable and contrary to the public DATES: Effective 1200 hrs, Alaska local date of this action under 5 U.S.C. interest as it would prevent NMFS from time (A.l.t.), October 6, 2017, through 553(d)(3). This finding is based upon responding to the most recent fisheries 2400 hrs, A.l.t., December 31, 2017. the reasons provided above for waiver of data in a timely fashion and would FOR FURTHER INFORMATION CONTACT: Josh prior notice and opportunity for public delay prohibiting retention of sculpins Keaton, 907–586–7228. comment. in the BSAI. NMFS was unable to SUPPLEMENTARY INFORMATION: NMFS This action is required by § 679.20 publish a notice providing time for manages the groundfish fishery in the and § 679.21 and is exempt from review public comment because the most BSAI according to the Fishery under Executive Order 12866. recent, relevant data only became Management Plan for Groundfish of the Authority: 16 U.S.C. 1801 et seq. available as September 28, 2017. Bering Sea and Aleutian Islands Dated: October 6, 2017. The AA also finds good cause to Management Area (FMP) prepared by Emily H. Menashes, waive the 30-day delay in the effective the North Pacific Fishery Management Acting Director, Office of Sustainable date of this action under 5 U.S.C. Council under authority of the Fisheries, National Marine Fisheries Service. 553(d)(3). This finding is based upon Magnuson-Stevens Fishery [FR Doc. 2017–22090 Filed 10–6–17; 4:15 pm] the reasons provided above for waiver of Conservation and Management Act. BILLING CODE 3510–22–P prior notice and opportunity for public Regulations governing fishing by U.S. comment. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 DEPARTMENT OF COMMERCE This action is required by § 679.20 and 50 CFR part 679. and § 679.21 and is exempt from review The 2017 ‘‘other rockfish’’ TAC in the National Oceanic and Atmospheric under Executive Order 12866. Aleutian Islands subarea of the BSAI is Administration Authority: 16 U.S.C. 1801 et seq. 550 metric tons (mt) as established by the final 2017 and 2018 harvest 50 CFR Part 679 Dated: October 6, 2017. specifications for groundfish in the Emily H. Menashes, BSAI (82 FR 11826; February 27, 2017). [Docket No. 160920866–7167–02] Acting Director Office of Sustainable In accordance with § 679.20(d)(2), the Fisheries, National Marine Fisheries Service. Administrator, Alaska Region, NMFS [FR Doc. 2017–22081 Filed 10–6–17; 4:15 pm] (Regional Administrator), has RIN 0648–XF725 BILLING CODE 3510–22–P determined that the 2017 ‘‘other Fisheries of the Exclusive Economic rockfish’’ TAC in the Aleutian Islands Zone Off Alaska; Inseason Adjustment jstallworth on DSKBBY8HB2PROD with RULES subarea of the BSAI has been reached. to the 2017 Gulf of Alaska Pollock Therefore, NMFS is requiring that Seasonal Apportionments ‘‘other rockfish’’ caught in the Aleutian Islands subarea of the BSAI be treated AGENCY: National Marine Fisheries as prohibited species in accordance Service (NMFS), National Oceanic and with § 679.21(b) and be discarded at sea Atmospheric Administration (NOAA), with a minimum of injury. ‘‘Other Commerce. VerDate Sep<11>2014 14:21 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1


Document Created: 2018-10-25 10:05:54
Document Modified: 2018-10-25 10:05:54
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; closure.
DatesEffective 1200 hrs, Alaska local time (A.l.t.), October 6, 2017, through 2400 hrs, A.l.t., December 31, 2017.
ContactSteve Whitney, 907-586-7228.
FR Citation82 FR 47402 
RIN Number0648-XF73
2026 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR