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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 161020985-7181-02]
RIN 0648-XF767
 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
 ACTION: Temporary rule; reallocation.
 SUMMARY: NMFS is exchanging unused flathead sole and rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2017 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.
 DATES: Effective October 26, 2017 through December 31, 2017.
 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) 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 flathead sole, rock sole, and yellowfin sole CDQ reserves specified in the BSAI are 1,288 metric tons (mt), 5,310 mt, and 16,472 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and revised by flatfish exchange (82 FR 48460; October 18, 2017). The 2017 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 6,018 mt, 11,286 mt and 11,434 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and revised by flatfish exchange (82 FR 48460; October 18, 2017). The Yukon Delta Fisheries Development Association has requested that NMFS exchange 60 mt of flathead sole CDQ reserves and 145 mt of rock sole CDQ reserves for 205 mt of yellowfin sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 60 mt of flathead sole CDQ reserves and 145 mt of rock sole CDQ reserves for 205 mt of yellowfin sole CDQ ABC reserves in the BSAI. This action also decreases and increases the TACs and CDQ ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017), and revised by flatfish exchange (82 FR 48460; October 18, 2017) are further revised as follows: Table 11—Final 2017 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
Sector
Pacific ocean perch
Flathead sole
Rock sole
Yellowfin soleEastern
                             Aleutian 
                             district
Central
                             Aleutian 
                             district
Western
                             Aleutian 
                             district
BSAI
BSAI
BSAITAC
7,900
7,000
9,000
14,176
47,225
154,199CDQ
845
749
963
1,228
5,165
16,677ICA
100
60
10
4,000
5,000
4,500BSAI trawl limited access
695
619
161
0
0
18,151Amendment 80
6,259
5,572
7,866
8,949
37,060
114,871Alaska Groundfish Cooperative
3,319
2,954
4,171
918
9,168
45,638Alaska Seafood Cooperative
2,940
2,617
3,695
8,031
27,893
69,233**Note:**
                         Sector apportionments may not total precisely due to rounding.
 Table 13—Final 2017 and 2018 ABC Surplus,Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
Sector
2017
                             Flathead sole
2017
                             Rock sole
2017
                             Yellowfin sole
2018
                             Flathead sole
2018
                             Rock sole
2018
                             Yellowfin soleABC
68,278
155,100
260,800
66,164
143,100
250,800TAC
14,176
47,225
154,199
14,500
47,100
154,000ABC surplus
54,102
107,875
106,601
51,664
96,000
96,800ABC reserve
54,102
107,875
106,601
51,664
96,000
96,800CDQ ABC reserve
6,078
11,431
11,229
5,528
10,272
10,358Amendment 80 ABC reserve
48,024
96,444
95,372
46,136
85,728
86,442Alaska Groundfish Cooperative for 2017 1
4,926
23,857
37,891
n/a
n/a
n/aAlaska Seafood Cooperative for 2017 1
43,098
72,587
57,481
n/a
n/a
n/a1
                         The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017.
 
 
 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 flatfish exchange by the Yukon Delta Fisheries Development Association in the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 11, 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: October 23, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.


[FR Doc. 2017-23340 Filed 10-25-17; 8:45 am] BILLING CODE 3510-22-P