[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Page 41178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF646


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.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
in the Western Aleutian district (WAI) 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 this area allocated to vessels participating in the BSAI trawl 
limited access fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 25, 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 WAI, allocated to 
vessels participating in the BSAI trawl limited access fishery was 
established as a directed fishing allowance of 161 metric tons 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)(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 WAI by vessels participating in the BSAI trawl 
limited access fishery.
    After the effective dates of this closure, the maximum retainable 
amounts at Sec.  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 WAI for vessels participating in the BSAI trawl limited access 
fishery. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of August 22, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 25, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18442 Filed 8-25-17; 4:15 pm]
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