[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56571-56573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25759]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF702


Fisheries of the Exclusive Economic Zone Off Alaska; Several 
Groundfish Species in the Bering Sea and Aleutian Islands Management 
Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 56572]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) of Aleutian Islands (AI) Greenland 
turbot, AI ``other rockfish,'' Bering Sea (BS) sablefish, Bering Sea 
and Aleutian Islands (BSAI) Alaska plaice, BSAI northern rockfish, BSAI 
``other flatfish,'' BSAI shortraker rockfish, BSAI sculpin, BSAI 
skates, and Central and Western Aleutian Islands (CAI/WAI) 
blackspotted/rougheye rockfish in the BSAI management area. This action 
is necessary to allow the fisheries to continue operating. It is 
intended to promote the goals and objectives of the fishery management 
plan for the BSAI management area.

DATES: Effective November 24, 2017, through 2400 hrs, Alaska local 
time, December 31, 2017. Comments must be received at the following 
address no later than 4:30 p.m., Alaska local time, December 11, 2017.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2016-0140, by 
either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/docket?D=NOAA-NMFS-2016-0140, click the ``Comment 
Now!'' icon, complete the required fields, and enter or attach your 
comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will post the comments for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender is publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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 ITAC of AI Greenland turbot was established as 106 metric 
tons (mt), the 2017 ITAC of AI ``other rockfish'' was established at 
550 mt, the 2017 ITAC of BS sablefish was established as 1,051 mt, the 
2017 ITAC of BSAI Alaska plaice was established as 11,050 mt, the 2017 
ITAC of BSAI northern rockfish was established as 4,250 mt, the 2017 
ITAC of BSAI ``other flatfish'' was established as 2,125 mt, the 2017 
TAC of BSAI shortraker rockfish was established as 125 mt, the 2017 
ITAC of BSAI sculpins was established as 3,825 mt, the 2017 ITAC of 
BSAI skates was established as 22,100 mt, and the 2017 TAC of CAI/WAI 
blackspotted/rougheye rockfish was established as 125 mt by the final 
2017 and 2018 harvest specifications for groundfish of the BSAI (82 FR 
11826, February 27, 2017). In accordance with Sec.  679.20(a)(3) the 
Regional Administrator, Alaska Region, NMFS, has reviewed the most 
current available data and finds that the ITACs for AI Greenland 
turbot, AI ``other rockfish,'' BS sablefish, BSAI Alaska plaice, BSAI 
northern rockfish, BSAI ``other flatfish,'' BSAI shortraker rockfish, 
BSAI sculpin, BSAI skates, and CAI/WAI blackspotted/rougheye rockfish 
need to be supplemented from the non-specified reserve to promote 
efficiency in the utilization of fishery resources in the BSAI and 
allow fishing operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 19 mt to AI Greenland 
turbot, 21 mt to AI ``other rockfish,'' 48 mt to BS sablefish, 5,500 mt 
to BSAI Alaska plaice ITAC, 475 mt to BSAI northern rockfish ITAC, 
2,050 mt to BSAI ``other flatfish'' ITAC, 30 mt to BSAI shortraker 
rockfish ITAC, 1,500 mt to BSAI sculpin ITAC, 1,487 mt to BSAI skates 
ITAC, and 10 mt to the CAI/WAI blackspotted/rougheye rockfish TAC in 
the BSAI management area. These apportionments are consistent with 
Sec.  679.20(b)(1)(i) and do not result in overfishing of any target 
species because the revised ITACs and total allowable catch (TAC) are 
equal to or less than the specifications of the acceptable biological 
catch in the final 2017 and 2018 harvest specifications for groundfish 
in the BSAI (82 FR 11826, February 27, 2017).
    The harvest specification for the 2017 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows: 125 mt for AI Greenland turbot, 571 mt for AI ``other 
rockfish,'' 16,550 mt for Alaska plaice, 4,175 mt for ``other 
flatfish'', 155 mt for BSAI shortraker rockfish, 5,325 mt for BSAI 
sculpins, and 135 mt for CAI/WAI blackspotted/rougheye rockfish. The 
harvest specification for the 2017 ITAC included in the harvest 
specifications for groundfish in the BSAI is revised as follows: 1,099 
mt for BS sablefish, 4,725 mt for BSAI northern rockfish, and 23,587 mt 
for BSAI skates.

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) and Sec.  679.20(b)(3)(iii)(A) 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 apportionment of the non-specified 
reserves of groundfish to the AI Greenland turbot, AI ``other 
rockfish,'' BS sablefish, BSAI Alaska plaice, BSAI northern rockfish, 
BSAI ``other flatfish,'' BSAI shortraker rockfish, BSAI sculpin, BSAI 
skates, and CAI/WAI blackspotted/rougheye rockfish in the BSAI. 
Immediate notification is necessary to allow for the orderly conduct 
and efficient operation of this fishery, to allow the industry to plan 
for the fishing season, and to avoid potential disruption to the 
fishing fleet and processors. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of November 21, 2017.

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    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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until December 
11, 2017.
    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: November 24, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-25759 Filed 11-24-17; 4:15 pm]
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