Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41567 

existing regulatory authority. Without 

additional action, the AMs for nongroundfish vessels would remain in 

place for the entire 2017 fishing year, 

through April 30, 2018. Maintaining the 

AMs on the non-groundfish fishery 

presents fairness, equity, and 

conservation issues that were not 

previously apparent, as neither we nor 

the Council considered or foresaw the 

possibility of the AMs being removed 

for groundfish vessels but remaining in 

place for the non-groundfish trawl 

vessels, despite total catch being below 

the ACL. The Council intends to address 

this issue in Framework 57, which is 

scheduled for implementation for the 

2018 fishing year. However, the Council 

cannot develop Framework 57 in time to 

address this issue and/or remove the 

AMs on the non-groundfish fishery this 

fishing year. 

Maintaining the AMs on the nongroundfish fishery for the full fishing 

year would have immediate serious 

economic impacts without contributing 

further to the conservation goals of the 

AMs. If the AM areas are in place for the 

full fishing year, they are estimated to 

result in $2 million in lost revenue in 

catch of yellowtail flounder, winter 

flounder, summer flounder, and scup. 

The AM areas do not prohibit all fishing 

with bottom-tending trawls, but require 

the use of trawl gear designed to 

minimize flatfish catch, which 

eliminates access to target species that 

vessels cannot recoup even if fishing in 

other areas. Removing the AMs this 

fishing year through an emergency 

action mitigates serious economic harm 

to the non-groundfish fishery while the 

Council develops permanent FMP 

measures. 

For all of the reasons outlined above, 

NMFS finds it impracticable and 

contrary to the public interest to provide 

prior opportunity to comment on these 

emergency measures. Because this rule 

alleviates a restriction, which if 

continued would otherwise have serious 

and unnecessary economic harm on 

non-groundfish trawl vessels, it is not 

subject to the 30-day delayed 

effectiveness provision of the APA. 

Prior notice and opportunity for public 

comment and/or a 30-day delayed 

effectiveness would prevent the positive 

benefits that this rule is intended to 

provide, particularly because the 

fisheries most affected by the AM areas 

are most active in the summer months 

through September. 

This action is being taken pursuant to 

the emergency provision of the 

Magnuson-Stevens Act and is exempt 

from OMB review. 

This emergency rule does not contain 

policies with Federalism or ‘‘takings’’ 

implications as those terms are defined 

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

respectively. 

This emergency rule is exempt from 

the procedures of the Regulatory 

Flexibility Act because the rule is issued 

without opportunity for prior notice and 

opportunity for public comment. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: August 28, 2017. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.90, add paragraph 

(a)(5)(i)(D)(1)(iii) effective September 1, 

2017 through February 28. 2018. 

The addition reads as follows: 

§ 648.90 NE multispecies assessment, 

framework procedures and specifications, 

and flexible area action system. 

(a) * * * 

(5) * * * 

(i) * * * 

(D) * * * 

(1) * * * 

(iii) Emergency rule reducing the 

duration of southern windowpane 

flounder AM for non-groundfish vessels. 

Effective September 1, 2017 through 

February 28. 2018, the southern 

windowpane flounder AM is removed 

for all vessels fishing with trawl gear 

with a codend mesh size equal to or 

greater than 5 inches (12.7 cm) in other, 

non-specified sub-components of the 

fishery, including, but not limited to, 

exempted fisheries that occur in Federal 

waters and fisheries harvesting 

exempted species specified in 

§ 648.80(b)(3). 

* * * * * 

[FR Doc. 2017–18495 Filed 8–31–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 160920866–7167–02] 

RIN 0648–XF647 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2017 Gulf of Alaska Pollock 

Seasonal Apportionments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS is adjusting the 2017 C 

seasonal apportionments of the total 

allowable catch (TAC) for pollock in the 

Gulf of Alaska (GOA) by re-apportioning 

unharvested pollock TAC in Statistical 

Areas 610, 620, and 630 of the GOA. 

This action is necessary to provide 

opportunity for harvest of the 2017 

pollock TAC, consistent with the goals 

and objectives of the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 29, 2017, until 

2400 hours A.l.t., December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

(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 annual pollock TACs in 

Statistical Areas 610, 620, and 630 of 

the GOA are apportioned among four 

seasons, in accordance with 

§ 679.23(d)(2). Regulations at 

§ 679.20(a)(5)(iv)(B) allow the 

underharvest of a seasonal 

apportionment to be added to 

subsequent seasonal apportionments, 

provided that any revised seasonal 

apportionment does not exceed 20 

percent of the seasonal apportionment 

for a given statistical area. Therefore, 

NMFS is increasing the C season 

apportionment of pollock in Statistical 

Areas 610, 620, and 630 of the GOA to 


sradovich on DSK3GMQ082PROD with RULES
41568 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

reflect the underharvest of pollock in 

those areas during the B season. In 

addition, any underharvest remaining 

beyond 20 percent of the originally 

specified seasonal apportionment in a 

particular area may be further 

apportioned to other statistical areas. 

Therefore, NMFS also is increasing the 

C season apportionment of pollock to 

Statistical Areas 610 and 630 based on 

the underharvest of pollock in 

Statistical Areas 620 of the GOA. These 

adjustments are described below. 

The C seasonal apportionment of the 

2017 pollock TAC in Statistical Area 

610 of the GOA is 19,569 metric tons 

(mt) as established by the final 2017 and 

2018 harvest specifications for 

groundfish of the GOA (82 FR 12032; 

February 27, 2017). In accordance with 

§ 679.20(a)(5)(iv)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), hereby increases the C 

season apportionment for Statistical 

Area 610 by 3,914 mt to account for the 

underharvest of the TAC in Statistical 

Areas 610 and 620 in the B season. This 

increase is in proportion to the 

estimated pollock biomass and is not 

greater than 20 percent of the C seasonal 

apportionment of the TAC in Statistical 

Area 610. Therefore, the revised C 

seasonal apportionment of the pollock 

TAC in Statistical Area 610 is 23,483 mt 

(19,569 mt plus 3,914 mt). 

The C seasonal apportionment of the 

pollock TAC in Statistical Area 620 of 

the GOA is 12,341 mt as established by 

the final 2017 and 2018 harvest 

specifications for groundfish of the GOA 

(82 FR 12032, February 27, 2017). In 

accordance with § 679.20(a)(5)(iv)(B), 

the Regional Administrator hereby 

increases the C seasonal apportionment 

for Statistical Area 620 by 2,468 mt to 

account for the underharvest of the TAC 

in Statistical Areas 620 in the B season. 

This increase is not greater than 20 

percent of the C seasonal apportionment 

of the TAC in Statistical Area 620. 

Therefore, the revised C seasonal 

apportionment of the pollock TAC in 

Statistical Area 620 is 14,809 mt (12,341 

mt plus 2,468 mt). 

The C seasonal apportionment of 

pollock TAC in Statistical Area 630 of 

the GOA is 15,886 mt as established by 

the final 2017 and 2018 harvest 

specifications for groundfish of the GOA 

(82 FR 12032, February 27, 2017). In 

accordance with § 679.20(a)(5)(iv)(B), 

the Regional Administrator hereby 

increases the C seasonal apportionment 

for Statistical Area 630 by 3,177 mt to 

account for the underharvest of the TAC 

in Statistical Areas 620 and 630 in the 

B season. This increase is in proportion 

to the estimated pollock biomass and is 

not greater than 20 percent of the C 

seasonal apportionment of the TAC in 

Statistical Area 630. Therefore, the 

revised C seasonal apportionment of 

pollock TAC in Statistical Area 630 is 

19,063 mt (15,886 mt plus 3,177 mt). 

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 

provide opportunity to harvest 

increased pollock seasonal 

apportionments. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 25, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 29, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18575 Filed 8–29–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 160920866–7167–02] 

RIN 0648–XF671 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Central Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of the incidental catch allowance for 

Pacific ocean perch in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2017 total allowable catch of Pacific 

ocean perch apportioned to the 

incidental catch allowance in the 

Central Regulatory Area of the GOA has 

been reached. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 29, 2017, 

through 2400 hours, A.l.t., December 31, 

2017. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 total allowable catch (TAC) 

of Pacific ocean perch apportioned to 

the incidental catch allowance in the 

Central Regulatory Area of the GOA is 

2,000 metric tons (mt) as established by 

the final 2017 and 2018 harvest 

specifications for groundfish of the GOA 

(82 FR 12032, February 27, 2017). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2017 TAC of Pacific 

ocean perch apportioned to the 

incidental catch allowance in the 

Central Regulatory Area of the GOA has 

been reached. Therefore, NMFS is 

requiring that catches of the incidental 

catch allowance for Pacific ocean perch 

in the Central Regulatory Area of the 

GOA be treated as prohibited species in 

accordance with § 679.21(b). This 

closure does not apply to fishing by 

vessels participating in the cooperative 

fishery of the Rockfish Program for the 

Central GOA. 

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 


sradovich on DSK3GMQ082PROD with RULES