39366 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator (AA) has 

determined that this final rule is 

consistent with the NE Multispecies 

FMP, other provisions of the MagnusonStevens Act, and other applicable law. 

This action is exempt from the 

procedures of Executive Order 12866 

because this action contains no 

implementing regulations. 

This final rule is not an E.O. 13771 

regulatory action because it is not 

significant under E.O. 12866. 

This final rule does not contain 

policies with Federalism or ‘‘takings’’ 

implications as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

The AA finds good cause, under 

authority provided in 5. U.S.C. 

553(d)(1), to waive the 30-day delay in 

effective date because a delay in 

effectiveness would be contrary to the 

public interest. This rule does not 

impose any new requirements or costs 

on industry for which industry needs 

time to prepare to comply. Groundfish 

sectors requested this exemption to 

provide greater operational flexibility 

and to increase fishing opportunities. 

Delaying its effectiveness would 

unnecessarily restrict their fishing and 

lead to lost economic opportunity and 

efficiencies for sector vessels. 

Additionally, the small-mesh exemption 

is typically used by sector vessels in the 

fall. Because this rule changes the 

exemption area to increase use of the 

exemption, a delay in effectiveness 

would prevent sector vessels from the 

benefit of this change for the fall 2017 

season, thus undermining the intent of 

the rule. The interim final rule, which 

proposed this action, was originally 

delayed as a result of the untimely 

submission of Framework Adjustment 

56 by the New England Fishery 

Management Council, which prevented 

us from coordinating the publishing of 

the sector rule and the Framework 56 

rulemaking in time for May 1, 2017 start 

of the 2017 fishing year. For all of these 

reasons, a 30-day delay in effectiveness 

of this rule would be contrary to the 

public interest. 

This final rule is exempt from the 

procedures of the Regulatory Flexibility 

Act because the preceding interim final 

rule was issued without opportunity for 

prior notice and comment. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 15, 2017. 

Chris Oliver, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–17522 Filed 8–17–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF614 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea Subarea 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating 

projected unused amounts of Bering Sea 

subarea (BS) pollock from the incidental 

catch allowance to the directed 

fisheries. This action is necessary to 

allow the 2017 total allowable catch 

(TAC) of pollock to be harvested. 

DATES: Effective August 15, 2017, until 

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 pollock incidental catch 

allowance in the BS was established as 

47,210 metric tons (mt) by the 2017 and 

2018 final harvest specifications for 

groundfish in the BSAI (82 FR 11826, 

February 27, 2017), and as adjusted by 

reallocations (82 FR 31925, July 11, 

2017), in accordance with 

§ 679.20(a)(5)(i)(A)(1) and the American 

Fisheries Act (AFA) (Pub. L. 105–277, 

Division C, Title II). 

As of August 9, 2017, the 

Administrator, Alaska Region, NMFS, 

has determined that approximately 

21,000 (mt) of pollock remain in the 

incidental catch allowance. Based on 

projected harvest rates of other 

groundfish species and the expected 

incidental catch of pollock in those 

fisheries, the Regional Administrator 

has determined that 4,000 mt of pollock 

specified in the incidental catch 

allowance will not be necessary as 

incidental catch. Therefore, NMFS is 

apportioning the projected unused 

amount, 4,000 mt, of pollock from the 

incidental catch allowance to the 

directed fishing allowances established 

pursuant to § 679.20(a)(5)(i)(A). 

Pursuant to the pollock allocation 

requirements set forth in 

§ 679.20(a)(5)(i), this transfer will 

increase the allocation to catcher vessels 

harvesting pollock for processing by the 

inshore component by 2,000 mt, to 

catcher/processors and catcher vessels 

harvesting pollock for processing by 

catcher/processors in the offshore 

component by 1,600 mt, and to catcher 

vessels harvesting pollock for 

processing by motherships in the 

offshore component by 400 mt. Pursuant 

to § 679.20(a)(5)(i)(A)(4), 8.5 percent of 

the 1,600 mt allocated to catcher/

processors in the offshore component, 

136 mt, will be available for harvest 

only by eligible catcher vessels 

delivering to listed catcher/processors. 

Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), an 

additional 8 mt or 0.5 percent of the 

catcher/processor sector allocation of 

pollock will be available to unlisted 

AFA catcher/processors. 

Pursuant to § 679.20(a)(5)(i)(A), 

Tables 4 and 5 of the 2017 and 2018 

final harvest specifications for 

groundfish in the BSAI are revised as 

follows: 

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Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 39367 

TABLE 4—FINAL 2017 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ 

DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 2017 

Allocations 

2017 A season 1 2017 B 

season 1

A season DFA SCA harvest 

limit 2 B season DFA 

Bering Sea subarea TAC 1 .............................................................................. 1,361,600 n/a n/a n/a 

CDQ DFA ......................................................................................................... 136,400 61,380 38,192 75,020 

ICA1 ................................................................................................................. 43,210 n/a n/a n/a 

Total Bering Sea non-CDQ DFA ..................................................................... 1,181,991 531,896 330,957 650,095 

AFA Inshore ..................................................................................................... 590,995 265,948 165,479 325,047 

AFA Catcher/Processors 3 ............................................................................... 472,796 212,758 132,383 260,038 

Catch by C/Ps .......................................................................................... 432,609 194,674 n/a 237,935 

Catch by CVs 3 ......................................................................................... 40,188 18,084 n/a 22,103 

Unlisted C/P Limit 4 ................................................................................... 2,364 1,064 n/a 1,300 

AFA Motherships ............................................................................................. 118,199 53,190 33,096 65,009 

Excessive Harvesting Limit 5 ............................................................................ 206,848 n/a n/a n/a 

Excessive Processing Limit 6 ........................................................................... 354,597 n/a n/a n/a 

Aleutian Islands subarea ABC ......................................................................... 36,061 n/a n/a n/a 

Aleutian Islands subarea TAC 1 ....................................................................... 2,400 n/a n/a n/a 

CDQ DFA ......................................................................................................... 0 0 n/a 0 

ICA ................................................................................................................... 2,400 1,200 n/a 1,200 

Aleut Corporation ............................................................................................. 0 0 n/a 0 

Area harvest limit: 7

541 ............................................................................................................ 10,818 n/a n/a n/a 

542 ............................................................................................................ 5,409 n/a n/a n/a 

543 ............................................................................................................ 1,803 n/a n/a n/a 

Bogoslof District ICA8 ...................................................................................... 500 n/a n/a n/a 

1Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA, is allocated as a 

DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the Bering Sea 

subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B season (June 

10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i)–(iii), the annual Aleutian Islands pollock TAC, after subtracting first for the CDQ directed 

fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian 

Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery. 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the 

SCA before April 1. 3Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest 

only by eligible catcher vessels delivering to listed catcher/processors. 4Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/

processors sector’s allocation of pollock. 5Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ 

pollock DFAs. 6Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ 

pollock DFAs. 7Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in 

Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC. 8The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and 

are not apportioned by season or sector. 

Note: Seasonal or sector apportionments may not total precisely due to rounding. 

TABLE 5—FINAL 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ 

DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 2018 

Allocations 

2018 A season 1 2018 B 

season 1

A season DFA SCA harvest 

limit 2 B season DFA 

Bering Sea subarea TAC 1 .............................................................................. 1,345,000 n/a n/a n/a 

CDQ DFA ......................................................................................................... 134,500 60,525 37,660 73,975 

ICA1 ................................................................................................................. 47,210 n/a n/a n/a 

Total Bering Sea non-CDQ DFA ..................................................................... 1,163,291 523,481 325,721 639,810 

AFA Inshore ..................................................................................................... 581,645 261,740 162,861 319,905 

AFA Catcher/Processors 3 ............................................................................... 465,316 209,392 130,289 255,924 

Catch by C/Ps .......................................................................................... 425,764 191,594 n/a 234,170 

Catch by CVs 3 ......................................................................................... 39,552 17,798 n/a 21,754 

Unlisted C/P Limit 4 ................................................................................... 2,327 1,047 n/a 1,280 

AFA Motherships ............................................................................................. 116,329 52,348 32,572 63,981 

Excessive Harvesting Limit 5 ............................................................................ 203,576 n/a n/a n/a 

Excessive Processing Limit 6 ........................................................................... 348,987 n/a n/a n/a 

Aleutian Islands subarea ABC ......................................................................... 40,788 n/a n/a n/a 

Aleutian Islands subarea TAC 1 ....................................................................... 19,000 n/a n/a n/a 

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39368 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations 

TABLE 5—FINAL 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ 

DIRECTED FISHING ALLOWANCES (DFA) 1—Continued 

[Amounts are in metric tons] 

Area and sector 2018 

Allocations 

2018 A season 1 2018 B 

season 1

A season DFA SCA harvest 

limit 2 B season DFA 

CDQ DFA ......................................................................................................... 1,900 760 n/a 1,140 

ICA ................................................................................................................... 2,400 1,200 n/a 1,200 

Aleut Corporation ............................................................................................. 14,700 14,355 n/a 345 

Area harvest limit 7

541 ............................................................................................................ 12,236 n/a n/a n/a 

542 ............................................................................................................ 6,118 n/a n/a n/a 

543 ............................................................................................................ 2,039 n/a n/a n/a 

Bogoslof District ICA8 ...................................................................................... 500 n/a n/a n/a 

1Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the 

Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B 

season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i)–(iii), the annual Aleutian Islands pollock TAC, after subtracting first for the 

CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. 

In the Aleutian Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery. 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the 

SCA before April 1. 3Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest 

only by eligible catcher vessels delivering to listed catcher/processors. 4Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/

processors sector’s allocation of pollock. 5Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ 

pollock DFAs. 6Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ 

pollock DFAs. 7Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in 

Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC. 8The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and 

are not apportioned by season or sector. 

Note: Seasonal or sector apportionments may not total precisely due to rounding. 

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 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 reallocation of projected 

unused amounts of BS pollock from the 

incidental catch allowance to the 

directed fisheries. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 9, 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 taken under 50 CFR 

679.20, and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 15, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–17501 Filed 8–15–17; 4:15 pm] 

BILLING CODE 3510–22–P 

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