82_FR_9554 82 FR 9530 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area

82 FR 9530 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 24 (February 7, 2017)

Page Range9530-9531
FR Document2017-02486

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) 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 prevent exceeding the 2017 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.

Federal Register, Volume 82 Issue 24 (Tuesday, February 7, 2017)
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Pages 9530-9531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02486]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XF204


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using 
Hook-and-Line or Pot Gear 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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 meters (m)) 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 prevent 
exceeding the 2017 Pacific cod total allowable catch allocated to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 2, 
2017, through 2400 hours, A.l.t., December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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.
    The 2017 Pacific cod total allowable catch (TAC) allocated to 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI is 5,959 metric tons (mt) as established by the 
final 2016 and 2017 harvest specifications for groundfish in the BSAI 
(81 FR 14773, March 18, 2016), inseason adjustment (82 FR 2916, January 
10, 2017), and reallocation (82 FR 8905, February 1, 2017).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has

[[Page 9531]]

determined that the 2017 Pacific cod TAC allocated as a directed 
fishing allowance to catcher vessels less than 60 feet (18.3 m) LOA 
using hook-and-line or pot gear in the BSAI will soon be reached. 
Consequently, NMFS is prohibiting directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Acting 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 closure of directed fishing for Pacific cod 
by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or pot gear 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 of January 31, 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: February 2, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-02486 Filed 2-2-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                9530              Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations

                                                DEPARTMENT OF COMMERCE                                  the objectives of Amendment 7 to the                  DEPARTMENT OF COMMERCE
                                                                                                        2006 Consolidated HMS Fishery
                                                National Oceanic and Atmospheric                        Management Plan.                                      National Oceanic and Atmospheric
                                                Administration                                                                                                Administration
                                                                                                           On January 20, 2017, the White House
                                                                                                        issued a memo instructing Federal
                                                50 CFR Part 635                                                                                               50 CFR Part 679
                                                                                                        agencies to temporarily postpone the
                                                [Docket No. 160527473–6999–02]                          effective date for 60 days after January              [Docket No. 150916863–6211–02]
                                                RIN 0648–BG09                                           20, 2017, of any regulations or guidance              RIN 0648–XF204
                                                                                                        documents that have published in the
                                                Atlantic Highly Migratory Species;                      Federal Register but not yet taken effect,            Fisheries of the Exclusive Economic
                                                Individual Bluefin Quota Program;                       for the purpose of ‘‘reviewing questions              Zone Off Alaska; Pacific Cod by
                                                Inseason Transfers; Correction                          of fact, law, and policy they raise.’’                Catcher Vessels Less Than 60 Feet
                                                                                                        Because its effective date has already                (18.3 Meters) Length Overall Using
                                                AGENCY:  National Marine Fisheries
                                                                                                        passed, we enacted a stay of the rule                 Hook-and-Line or Pot Gear in the
                                                Service (NMFS), National Oceanic and
                                                                                                        published on December 29, 2016, at 81                 Bering Sea and Aleutian Islands
                                                Atmospheric Administration (NOAA),
                                                                                                        FR 95903 (see DATES above) until March                Management Area
                                                Commerce.
                                                ACTION: Stay of final rule; correction.                 21, 2017, in a ‘‘Stay of final rule’’                 AGENCY:  National Marine Fisheries
                                                                                                        document published on January 31,                     Service (NMFS), National Oceanic and
                                                SUMMARY:    NMFS published a ‘‘Stay of                  2017 (82 FR 8821).                                    Atmospheric Administration (NOAA),
                                                final rule’’ on January 31, 2017—in                                                                           Commerce.
                                                accordance with the memorandum of                       Need for Correction
                                                                                                                                                              ACTION: Temporary rule; closure.
                                                January 20, 2017, from the Assistant to                    After the ‘‘Stay of final rule’’
                                                the President and Chief of Staff, entitled              published on January 31, 2017, NMFS is                SUMMARY:   NMFS is prohibiting directed
                                                ‘‘Regulatory Freeze Pending Review,’’                                                                         fishing for Pacific cod by catcher vessels
                                                                                                        correcting the effective date of ‘‘March
                                                published in the Federal Register on                                                                          less than 60 feet (18.3 meters (m)) length
                                                                                                        21, 2017’’ to ‘‘February 10, 2017’’ to
                                                January 24, 2017 (the Memorandum)—                                                                            overall (LOA) using hook-and-line or
                                                                                                        better align with current fisheries                   pot gear in the Bering Sea and Aleutian
                                                to delay the effective date of the final
                                                rule NMFS published on December 29,                     management goals. NMFS publishes this                 Islands management area (BSAI). This
                                                2016. This notification corrects the                    notification to correct the stay of                   action is necessary to prevent exceeding
                                                effectiveness date from ‘‘March 21,                     effective date.                                       the 2017 Pacific cod total allowable
                                                2017’’ to ‘‘February 10, 2017.’’ For                    Corrections                                           catch allocated to catcher vessels less
                                                consistency and clarity, the complete                                                                         than 60 feet (18.3 m) LOA using hook-
                                                new DATES section has been set out                        In the Federal Register of January 31,              and-line or pot gear in the BSAI.
                                                below in its entirety.                                  2017, in FR Doc. 2017–02043, ‘‘March                  DATES: Effective 1200 hours, Alaska
                                                DATES: Effective February 7, 2017, the                  21, 2017’’ is corrected to read ‘‘February            local time (A.l.t.), February 2, 2017,
                                                final rule amending 50 CFR part 635,                    10, 2017’’ in the following places:                   through 2400 hours, A.l.t., December 31,
                                                that published on December 29, 2016, at                   1. In the DATES section on page 8821                2017.
                                                81 FR 95903, is stayed until February                   in the first column, which is also set out            FOR FURTHER INFORMATION CONTACT: Josh
                                                10, 2017.                                               in its entirety above for clarity and                 Keaton, 907–586–7228.
                                                FOR FURTHER INFORMATION CONTACT:                        consistency;                                          SUPPLEMENTARY INFORMATION: NMFS
                                                Thomas Warren or Sarah McLaughlin,                                                                            manages the groundfish fishery in the
                                                978–281–9260; Carrie Soltanoff, 301–                      2. On page 8821, second column, first
                                                                                                                                                              BSAI exclusive economic zone
                                                427–8503.                                               paragraph, last sentence; and
                                                                                                                                                              according to the Fishery Management
                                                SUPPLEMENTARY INFORMATION:                                3. On page 8821, in amendatory                      Plan for Groundfish of the Bering Sea
                                                                                                        instruction 2.                                        and Aleutian Islands Management Area
                                                Background
                                                                                                          Authority: 16 U.S.C. 1801 et seq.                   (FMP) prepared by the North Pacific
                                                   On December 29, 2016, NMFS                                                                                 Fishery Management Council under
                                                published this final rule modifying the                   Dated: February 2, 2017.                            authority of the Magnuson-Stevens
                                                Atlantic highly migratory species (HMS)                 Alan D. Risenhoover,                                  Fishery Conservation and Management
                                                regulations regarding the distribution of               Acting Deputy Assistant Administrator for             Act. Regulations governing fishing by
                                                inseason Atlantic bluefin tuna quota                    Regulatory Programs, National Marine                  U.S. vessels in accordance with the FMP
                                                transfers to the Longline category. This                Fisheries Service.                                    appear at subpart H of 50 CFR part 600
                                                final rule provides NMFS the ability to                 [FR Doc. 2017–02462 Filed 2–6–17; 8:45 am]            and 50 CFR part 679.
                                                distribute quota inseason either to all                 BILLING CODE 3510–22–P                                   The 2017 Pacific cod total allowable
                                                qualified Individual Bluefin Quota (IBQ)                                                                      catch (TAC) allocated to catcher vessels
                                                share recipients (i.e., share recipients                                                                      less than 60 feet (18.3 m) LOA using
                                                who have associated their permit with                                                                         hook-and-line or pot gear in the BSAI is
                                                a vessel) or only to permitted Atlantic                                                                       5,959 metric tons (mt) as established by
                                                Tunas Longline vessels with recent                                                                            the final 2016 and 2017 harvest
                                                fishing activity, whether or not they are                                                                     specifications for groundfish in the
mstockstill on DSK3G9T082PROD with RULES




                                                associated with IBQ shares. This action                                                                       BSAI (81 FR 14773, March 18, 2016),
                                                is necessary to optimize fishing                                                                              inseason adjustment (82 FR 2916,
                                                opportunity in the directed pelagic                                                                           January 10, 2017), and reallocation (82
                                                longline fishery for target species such                                                                      FR 8905, February 1, 2017).
                                                as tuna and swordfish and to improve                                                                             In accordance with § 679.20(d)(1)(iii),
                                                the functioning of the IBQ Program and                                                                        the Administrator, Alaska Region,
                                                its leasing provisions consistent with                                                                        NMFS (Regional Administrator), has


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                                                                  Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations                                         9531

                                                determined that the 2017 Pacific cod                    DEPARTMENT OF COMMERCE                                FOR FURTHER INFORMATION CONTACT:     Josh
                                                TAC allocated as a directed fishing                                                                           Keaton, 907–586–7228.
                                                allowance to catcher vessels less than 60               National Oceanic and Atmospheric                      SUPPLEMENTARY INFORMATION:        NMFS
                                                feet (18.3 m) LOA using hook-and-line                   Administration                                        manages the groundfish fishery in the
                                                or pot gear in the BSAI will soon be                                                                          GOA exclusive economic zone
                                                reached. Consequently, NMFS is                          50 CFR Part 679                                       according to the Fishery Management
                                                prohibiting directed fishing for Pacific                [Docket No. 150818742–6210–02]                        Plan for Groundfish of the Gulf of
                                                cod by catcher vessels less than 60 feet                                                                      Alaska (FMP) prepared by the North
                                                                                                        RIN 0648–XF206                                        Pacific Fishery Management Council
                                                (18.3 m) LOA using hook-and-line or
                                                pot gear in the BSAI.                                                                                         under authority of the Magnuson-
                                                                                                        Fisheries of the Exclusive Economic
                                                                                                                                                              Stevens Fishery Conservation and
                                                   After the effective date of this closure             Zone Off Alaska; Pollock in Statistical               Management Act. Regulations governing
                                                the maximum retainable amounts at                       Area 610 in the Gulf of Alaska                        fishing by U.S. vessels in accordance
                                                § 679.20(e) and (f) apply at any time                   AGENCY:  National Marine Fisheries                    with the FMP appear at subpart H of 50
                                                during a trip.                                          Service (NMFS), National Oceanic and                  CFR part 600 and 50 CFR part 679.
                                                                                                        Atmospheric Administration (NOAA),                       The A season allowance of the 2017
                                                Classification
                                                                                                        Commerce.                                             total allowable catch (TAC) of pollock in
                                                   This action responds to the best                     ACTION: Temporary rule; opening.
                                                                                                                                                              Statistical Area 610 of the GOA is 2,232
                                                available information recently obtained                                                                       metric tons (mt) as established by the
                                                from the fishery. The Acting Assistant                  SUMMARY:    NMFS is opening directed                  final 2016 and 2017 harvest
                                                Administrator for Fisheries, NOAA                       fishing for pollock in Statistical Area               specifications for groundfish of the (81
                                                (AA), finds good cause to waive the                     610 of the Gulf of Alaska (GOA). This                 FR 14740; March 16, 2016) and inseason
                                                                                                        action is necessary to fully use the A                adjustment (81 FR 95063; December 27,
                                                requirement to provide prior notice and
                                                                                                        season allowance of the 2017 total                    2016).
                                                opportunity for public comment                                                                                   NMFS closed directed fishing for
                                                pursuant to the authority set forth at 5                allowable catch of pollock in Statistical
                                                                                                        Area 610 of the GOA.                                  pollock in Statistical Area 610 of the
                                                U.S.C. 553(b)(B) as such requirement is                                                                       GOA under § 679.20(d)(1)(iii) on
                                                impracticable and contrary to the public                DATES: Effective 1200 hours, Alaska
                                                                                                        local time (A.l.t.), February 6, 2017,                January 27, 2017 (82 FR 8821; January
                                                interest. This requirement is                                                                                 31, 2017).
                                                impracticable and contrary to the public                through 1200 hours, A.l.t., March 10,
                                                                                                                                                                 As of February 2, 2017, NMFS has
                                                interest as it would prevent NMFS from                  2017.
                                                                                                                                                              determined that approximately 2,225
                                                                                                           Comments must be received at the
                                                responding to the most recent fisheries                                                                       metric tons of pollock remain in the A
                                                                                                        following address no later than 4:30
                                                data in a timely fashion and would                                                                            season directed fishing allowance for
                                                                                                        p.m., A.l.t., February 21, 2017.
                                                delay the closure of directed fishing for                                                                     pollock in Statistical Area 610 of the
                                                                                                        ADDRESSES: You may submit comments                    GOA. Therefore, in accordance with
                                                Pacific cod by catcher vessels less than
                                                                                                        on this document, identified by FDMS                  § 679.25(a)(1)(i), (a)(2)(i)(C), and
                                                60 feet (18.3 m) LOA using hook-and-
                                                                                                        Docket Number NOAA–NMFS–2015–                         (a)(2)(iii)(D), and to fully utilize the A
                                                line or pot gear in the BSAI. NMFS was
                                                                                                        0110 by either of the following methods:              season allowance of the 2017 TAC of
                                                unable to publish a notice providing                       • Electronic Submission: Submit all
                                                time for public comment because the                                                                           pollock in Statistical Area 610 of the
                                                                                                        electronic public comments via the                    GOA, NMFS is terminating the previous
                                                most recent, relevant data only became                  Federal e-Rulemaking Portal. Go to                    closure and is reopening directed
                                                available as of January 31, 2017.                       www.regulations.gov/                                  fishing pollock in Statistical Area 610 of
                                                   The AA also finds good cause to                      #!docketDetail;D=NOAA-NMFS-2013-                      the GOA, effective 1200 hours, A.l.t.,
                                                waive the 30-day delay in the effective                 0147, click the ‘‘Comment Now!’’ icon,                February 6, 2017.
                                                date of this action under 5 U.S.C.                      complete the required fields, and enter                  The Administrator, Alaska Region
                                                553(d)(3). This finding is based upon                   or attach your comments.                              (Regional Administrator) considered the
                                                the reasons provided above for waiver of                   • Mail: Address written comments to                following factors in reaching this
                                                prior notice and opportunity for public                 Glenn Merrill, Assistant Regional                     decision: (1) The current catch of
                                                comment.                                                Administrator, Sustainable Fisheries                  pollock in Statistical Area 610 of the
                                                                                                        Division, Alaska Region NMFS, Attn:                   GOA and, (2) the harvest capacity and
                                                   This action is required by § 679.20                  Ellen Sebastian. Mail comments to P.O.                stated intent on future harvesting
                                                and is exempt from review under                         Box 21668, Juneau, AK 99802–1668.                     patterns of vessels in participating in
                                                Executive Order 12866.                                     Instructions: Comments sent by any                 this fishery.
                                                   Authority: 16 U.S.C. 1801 et seq.                    other method, to any other address or
                                                                                                        individual, or received after the end of              Classification
                                                  Dated: February 2, 2017.
                                                                                                        the comment period, may not be                           This action responds to the best
                                                Karen H. Abrams,                                        considered by NMFS. All comments                      available information recently obtained
                                                Acting Deputy Director, Office of Sustainable           received are a part of the public record              from the fishery. The Acting Assistant
                                                Fisheries, National Marine Fisheries Service.           and will generally be posted for public               Administrator for Fisheries, NOAA
                                                [FR Doc. 2017–02486 Filed 2–2–17; 4:15 pm]              viewing on www.regulations.gov                        (AA), finds good cause to waive the
                                                BILLING CODE 3510–22–P                                  without change. All personal identifying              requirement to provide prior notice and
                                                                                                        information (e.g., name, address),                    opportunity for public comment
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        confidential business information, or                 pursuant to the authority set forth at 5
                                                                                                        otherwise sensitive information                       U.S.C. 553(b)(B) as such requirement is
                                                                                                        submitted voluntarily by the sender will              impracticable and contrary to the public
                                                                                                        be publicly accessible. NMFS will                     interest. This requirement is
                                                                                                        accept anonymous comments (enter ‘‘N/                 impracticable and contrary to the public
                                                                                                        A’’ in the required fields if you wish to             interest as it would prevent NMFS from
                                                                                                        remain anonymous).                                    responding to the most recent fisheries


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Document Created: 2017-02-07 00:27:19
Document Modified: 2017-02-07 00:27:19
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 hours, Alaska local time (A.l.t.), February 2, 2017, through 2400 hours, A.l.t., December 31, 2017.
ContactJosh Keaton, 907-586-7228.
FR Citation82 FR 9530 
RIN Number0648-XF20

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