41358 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 

periods. Limited opportunities to 

harvest the respective quotas may have 

negative social and economic impacts 

for U.S. fishermen that depend upon 

catching the available quota within the 

time periods designated in the 2006 

Consolidated HMS FMP, as amended. 

Adjustment of the retention limit needs 

to be effective September 1, 2017, to 

extend fishing opportunities for 

fishermen in all geographic areas, 

consistent with objectives of the 2006 

Consolidated HMS FMP and provide 

equitable opportunities. 

Prior notice and an opportunity for 

public comment is also impracticable 

for the retention limit adjustment to one 

fish for the September and subsequent 

subquota periods. By adopting the onefish limit for the remainder of the year 

through this action, NMFS avoids 

confusion that would arise for the 

regulated community from two inseason 

actions adopting the same limit. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For these reasons, there is 

good cause under 5 U.S.C. 553(d) to 

waive the 30-day delay in effectiveness. 

This action is being taken under 

§ 635.23(a)(4), and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 28, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18493 Filed 8–28–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF656 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

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. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

Central Aleutian district (CAI) of the 

Bering Sea and Aleutian Islands 

management area (BSAI) by vessels 

participating in the BSAI trawl limited 

access fishery. This action is necessary 

to prevent exceeding the 2017 total 

allowable catch (TAC) of Pacific ocean 

perch in the CAI allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 28, 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 TAC of Pacific ocean perch, 

in the CAI, allocated to vessels 

participating in the BSAI trawl limited 

access fishery was established as a 

directed fishing allowance of 619 metric 

tons by the final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826, February 27, 2017). 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

this directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

ocean perch in the CAI by vessels 

participating in the BSAI trawl limited 

access fishery. 

After the effective dates of this 

closure, the maximum retainable 

amounts at § 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 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 closure of the Pacific ocean 

perch directed fishery in the CAI for 

vessels participating in the BSAI trawl 

limited access fishery. NMFS was 

unable to publish a document providing 

time for public comment because the 

most recent, relevant data only became 

available as of August 25, 2017. The 

Acting 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 28, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18496 Filed 8–28–17; 4:15 pm] 

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