[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47402-47403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22081]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF731


Fisheries of the Exclusive Economic Zone Off Alaska; Sculpins 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 retention of sculpins in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
because the 2017 sculpins initial total allowable catch (ITAC) in the 
BSAI has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 6, 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 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

[[Page 47403]]

appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2017 sculpins ITAC in the BSAI is 3,825 metric tons (mt) as 
established 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)(2), the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that the 2017 sculpins ITAC in 
the BSAI has been reached. Therefore, NMFS is requiring that sculpins 
caught in the BSAI be treated as prohibited species in accordance with 
Sec.  679.21(b).

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 prohibiting retention of sculpins in the BSAI. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as September 28, 
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 Sec.  679.20 and Sec.  679.21 and is 
exempt from review under Executive Order 12866.

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

    Dated: October 6, 2017.
Emily H. Menashes,
Acting Director Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-22081 Filed 10-6-17; 4:15 pm]
 BILLING CODE 3510-22-P