Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 46171 

affected by catastrophic conditions will 

be limited under the paper-based 

system. There will be no mechanism for 

transfers of IFQ shares or allocation 

under the paper-based system in effect 

during catastrophic conditions. 

Assistance in complying with the 

requirements of the paper-based system 

will be available via the Catch Share 

Support line, 1–866–425–7627 Monday 

through Friday, between 8 a.m. and 4:30 

p.m. eastern time. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of reef fish, CMP species, 

spiny lobster, dolphin-wahoo, and 

snapper-grouper, managed under the 

Gulf IFQ Programs and the Federal 

dealer reporting programs, as 

applicable, and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.5(c), 622.21(a)(3)(iii), and 

622.22(a)(3)(iii), and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because this temporary rule is 

issued without opportunity for prior 

notice and comment. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive the requirements 

to provide prior notice and opportunity 

for public comment on this temporary 

rule. Such procedures are unnecessary 

because the final rules implementing 

the Gulf IFQ programs and the Gulf and 

Atlantic Federal dealer reporting have 

already been subject to notice and 

public comment. These rules authorize 

the RA to determine when catastrophic 

conditions exist, and which participants 

or geographic areas are deemed affected 

by catastrophic conditions. The final 

rules also authorize the RA to provide 

timely notice to affected participants via 

publication of notification in the 

Federal Register, NOAA Weather Radio, 

Fishery Bulletins, and other appropriate 

means. All that remains is to notify the 

public that catastrophic conditions exist 

and that paper forms may be utilized by 

IFQ dealers in the affected area and that 

Federal dealers may submit delayed 

reports. Additionally, delaying this 

temporary rule to provide prior notice 

and opportunity for public comment 

would be contrary to the public interest 

because affected participants are still 

fishing for and receiving these species 

in the affected area and need a means 

of completing their landing transactions. 

With the power outages and damages to 

infrastructure that have occurred in the 

affected area due to Hurricane Irma, 

numerous businesses are unable to 

complete landings transactions and 

dealer reports electronically. In order to 

continue with their businesses, IFQ 

participants need to be aware they can 

still complete landing transactions and 

dealer reports using the paper forms. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: September 29, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–21329 Filed 9–29–17; 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–XF714 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Bering Sea Subarea of the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific ocean perch in the 

Bering Sea subarea of the Bering Sea 

and Aleutian Islands management area. 

This action is necessary to fully use the 

2017 total allowable catch of Pacific 

ocean perch specified for the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 1, 2017, through 

1200 hrs, A.l.t., December 31, 2017. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 19, 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 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 

Bering Sea and Aleutian Islands 

management area (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. 

NMFS closed directed fishing for 

Pacific ocean perch (POP) in the Bering 

Sea subarea of the BSAI under 

§ 679.20(d)(1)(iii) (82 FR 11826, 

February 27, 2017). 

NMFS has determined that 

approximately 3,800 metric tons of POP 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2017 total allowable catch of POP in the 

Bering Sea subarea of the BSAI, NMFS 

is terminating the previous closure and 

is opening directed fishing for POP in 

Bering Sea subarea of the BSAI, effective 

1200 hrs, A.l.t., October 1, 2017, 

through 1200 hrs, A.l.t., December 31, 

2017. This will enhance the 

socioeconomic well-being of harvesters 

dependent on POP in this area. 

The Administrator, Alaska Region 

considered the following factors in 

reaching this decision: (1) The current 

catch of POP in the BSAI and, (2) the 


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46172 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

harvest capacity and stated intent on 

future harvesting patterns of vessels 

participating in this fishery. 

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 

delay the opening of POP directed 

fishing in the Bering Sea subarea of the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 20, 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

POP in the Bering Sea subarea of the 

BSAI to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

October 19, 2017. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: September 29, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–21356 Filed 9–29–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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