[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Page 35126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15941]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF580


Fisheries of the Exclusive Economic Zone Off Alaska; ``Other 
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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for ``other flatfish'' in 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to prevent exceeding the 2017 ``other flatfish'' total 
allowable catch (TAC) specified for the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 26, 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 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 ``other flatfish'' TAC specified for the BSAI is 2,125 
metric tons 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 
``other flatfish'' TAC in the BSAI will soon be reached. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
2,000 mt, and is setting aside the remaining 125 mt as bycatch to 
support other anticipated groundfish fisheries. 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 fishing for ``other flatfish'' 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 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 directed fishery closure of ``other flatfish'' 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 July 24, 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: July 25, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-15941 Filed 7-25-17; 4:15 pm]
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