[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Rules and Regulations]
[Page 23517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10528]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF449


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in 
the Bering Sea Subarea of the Bering Sea and Aleutian Islands 
Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for sablefish by vessels 
using trawl gear in the Bering Sea subarea of the Bering Sea and 
Aleutian Islands management area (BSAI). This action is necessary to 
prevent exceeding the 2017 sablefish initial total allowable catch 
(ITAC) in the Bering Sea subarea of the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 18, 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 appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2017 sablefish trawl ITAC in the Bering Sea subarea of the BSAI 
is 541 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)(1)(i), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the 2017 sablefish trawl ITAC in the Bering Sea subarea 
of the BSAI will soon be reached. Therefore, the Regional Administrator 
is establishing a directed fishing allowance of 350 mt, and is setting 
aside the remaining 191 mt as incidental catch. In accordance with 
Sec.  679.20(d)(1)(iii), the Regional Administrator finds that this 
directed fishing allowance has been reached. Consequently, NMFS is 
prohibiting directed trawl fishing for sablefish in the Bering Sea 
subarea of 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 a 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 directed fishing closure for sablefish by 
vessels using trawl gear in the Bering Sea subarea of the BSAI. NMFS 
was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of May 
17, 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.

    May 18, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-10528 Filed 5-18-17; 4:15 pm]
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