[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Page 47403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22090]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF736


Fisheries of the Exclusive Economic Zone Off Alaska; Other 
Rockfish in the Aleutian Islands 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 retention of ``other rockfish'' in the 
Aleutian Islands subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary because the 2017 
``other rockfish'' total allowable catch (TAC) in the Aleutian Islands 
subarea of 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: Josh Keaton, 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 ``other rockfish'' TAC in the Aleutian Islands subarea of 
the BSAI is 550 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 
``other rockfish'' TAC in the Aleutian Islands subarea of the BSAI has 
been reached. Therefore, NMFS is requiring that ``other rockfish'' 
caught in the Aleutian Islands subarea of the BSAI be treated as 
prohibited species in accordance with Sec.  679.21(b) and be discarded 
at sea with a minimum of injury. ``Other rockfish'' includes all 
Sebastes and Sebastolobus species except for Pacific ocean perch, 
northern rockfish, shortraker rockfish, and rougheye rockfish.

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 ``other rockfish'' in the Aleutian 
Islands 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 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. 2017-22090 Filed 10-6-17; 4:15 pm]
 BILLING CODE 3510-22-P