Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 5170-5172 [2020-01094]
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5170
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
weights described for the Atlantic
migratory group of Spanish mackerel
(Atlantic Spanish mackerel) apply as
either round or gutted weight.
For management purposes, the
commercial sector of Atlantic Spanish
mackerel is divided into northern and
southern zones. The southern zone
consists of Federal waters off South
Carolina, Georgia, and the east coast of
Florida. The southern zone boundaries
for Atlantic Spanish mackerel extend
from the border of North Carolina and
South Carolina (which is a line
extending in a direction of 135°34′55″
from true north beginning at 33°51′07.9″
N lat. and 78°32′32.6″ W long. to the
intersection point with the outward
boundary of the EEZ) to the border of
Miami-Dade and Monroe Counties,
Florida (at 25°20′24″ N. lat).
The southern zone commercial quota
for Atlantic Spanish mackerel is
2,667,330 lb (1,209,881 kg). Seasonally
variable trip limits are based on an
adjusted commercial quota of 2,417,330
lb (1,096,482 kg). The adjusted
commercial quota is calculated to allow
continued harvest in the southern zone
at a set rate for the remainder of the
current fishing year, through February
29, 2020, in accordance with regulations
at 50 CFR 622.385(b)(2).
NMFS reduced the commercial trip
limit for Atlantic Spanish mackerel in or
from the southern zone to 1,500 lb (680
kg) on December 24, 2019 (84 FR 70904,
December 26, 2019). That temporary
rule is effective through end of the
fishing year, or until the commercial
trip limit is reduced to 500 lb (227 kg)
when 100 percent of the adjusted quota
is reached or is projected to be reached,
whichever occurs first. NMFS has
determined that 100 percent of the
adjusted commercial quota for Atlantic
Spanish mackerel has been reached and
is reducing the commercial trip limit.
Atlantic Spanish mackerel in or from
the southern zone may not be possessed
on board or landed from a vessel with
a Federal commercial permit for
Atlantic Spanish mackerel in amounts
exceeding 500 lb (227 kg) per day (50
CFR 622.385(b)(1)(ii)(C)).
The commercial trip limit of 500 lb
(227 kg) per day applies to Atlantic
Spanish mackerel in or from the
southern zone effective at 6 a.m. eastern
time on January 29, 2020, until 12:01
a.m. eastern time on March 1, 2020,
unless changed by subsequent
notification in the Federal Register.
Atlantic Spanish mackerel and is
consistent with the FMP, the MagnusonStevens Act, and other applicable laws.
This action is taken under 50 CFR
622.385(b)(1)(ii)(C) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act, because the temporary rule is
issued without opportunity for prior
notice and opportunity for comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately reduce the trip limit for the
commercial sector for Atlantic Spanish
mackerel constitutes good cause to
waive the requirements to provide prior
notice and the opportunity for public
comment pursuant to 5 U.S.C. 553(b)(B)
as such procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rules implementing the commercial
quotas and trip limits have already been
subject to notice and comment, and all
that remains is to notify the public of
the trip limit reduction.
Prior notice and opportunity for
public comment is contrary to the
public interest, because any delay in the
trip limit reduction of the commercial
harvest could result in the commercial
quota being exceeded. There is a need
to immediately implement this action to
protect the Atlantic Spanish mackerel
resource, because the capacity of the
fishing fleet allows for rapid harvest of
the commercial quota. Prior notice and
opportunity for public comment would
require additional time and could
potentially result in a harvest well in
excess of the established commercial
quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: January 24, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–01536 Filed 1–24–20; 4:15 pm]
BILLING CODE 3510–22–P
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180713633–9174–02; RTID
0648–XY073]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS is reallocating the
projected unused amounts of the
Community Development Quota (CDQ)
pollock directed fishing allowance
(DFA) from the Aleutian Islands subarea
to the Bering Sea subarea. This action is
necessary to provide opportunity for
harvest of the 2020 total allowable catch
of pollock, consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(BSAI).
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), January 29, 2020, until the
effective date of the final 2020 and 2021
harvest specifications for BSAI
groundfish, unless otherwise modified
or superseded through publication of a
notification in the Federal Register.
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 (Council)
under authority of the MagnusonStevens 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.
In the Aleutian Islands subarea, the
portion of the 2020 pollock total
allowable catch (TAC) allocated to the
CDQ DFA is 1,900 mt as established by
the final 2019 and 2020 harvest
specifications for groundfish in the
BSAI (84 FR 9000, March 13, 2019), and
as adjusted by an inseason adjustment
(85 FR 19, January 2, 2020).
As of January 15, 2020, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
SUMMARY:
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Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
determined that 1,900 mt of pollock
CDQ DFA in the Aleutian Islands
subarea will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 1,900 mt of pollock CDQ
DFA from the Aleutian Islands subarea
to the 2020 Bering Sea subarea. The
1,900 mt of pollock CDQ DFA is added
to the 2020 Bering Sea CDQ DFA. The
2020 Bering Sea subarea pollock
incidental catch allowance remains at
47,453 mt. As a result, the 2020 harvest
specifications for pollock in the
Aleutian Islands subarea included in the
final 2019 and 2020 harvest
specifications for groundfish in the
BSAI (84 FR 9000, March 13, 2019) and
as adjusted by an inseason adjustment
(85 FR 19, January 2, 2020) are revised
as follows: 0 mt to CDQ DFA.
Furthermore, pursuant to § 679.20(a)(5),
5171
Table 5 of the final 2019 and 2020
harvest specifications for groundfish in
the BSAI (84 FR 9000, March 13, 2019),
as adjusted by the inseason adjustment
(85 FR 19, January 2, 2020), is revised
to make 2020 pollock allocations
consistent with this reallocation. This
reallocation results in an adjustment to
the 2020 CDQ pollock allocation
established at § 679.20(a)(5).
TABLE 5—FINAL 2020 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2020
A season 1
2020
Allocations
Area and sector
A season DFA
Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea non-CDQ DFA .....................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by C/Ps ..........................................................................................
Catch by CVs 3 .........................................................................................
Unlisted C/P Limit 4 ...................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
Aleutian Islands subarea ABC .........................................................................
Aleutian Islands subarea TAC 1 .......................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7 ...........................................................................................
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
Bogoslof District ICA 8 ......................................................................................
1,426,900
144,400
47,453
1,235,048
617,524
494,019
452,027
41,992
2,470
123,505
216,133
370,514
55,120
17,100
0
2,400
14,700
n/a
16,536
8,268
2,756
75
n/a
64,980
n/a
555,771
277,886
222,309
203,412
18,896
1,112
55,577
n/a
n/a
n/a
n/a
0
1,200
14,700
n/a
n/a
n/a
n/a
n/a
2020
B season 1
SCA harvest
limit 2
n/a
40,432
n/a
345,813
172,907
138,325
n/a
n/a
n/a
34,581
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
B season DFA
n/a
79,420
n/a
679,276
339,638
271,710
248,615
23,095
1,359
67,928
n/a
n/a
n/a
n/a
0
1,200
0
n/a
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (3.7 percent),
is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In
the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the
B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian Islands pollock TAC, after subtracting
first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the
Aleutian Islands subarea, the A season is allocated up to 40 percent of the ABC for AI pollock.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is a C/P sector cooperative for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
lotter on DSKBCFDHB2PROD with RULES
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
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
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
PO 00000
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data in a timely fashion and would
delay the reallocation of Aleutian
Islands pollock. Since the pollock
fishery opens January 20, 2020, it is
important to immediately inform the
industry as to the Bering Sea subarea
pollock CDQ DFA. Immediate
notification is necessary to allow for the
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5172
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
lotter on DSKBCFDHB2PROD with RULES
orderly conduct and efficient operation
of this fishery; allow the industry to
plan for the fishing season and avoid
potential disruption to the fishing fleet
as well as processors; and provide
opportunity to harvest increased
seasonal pollock allocations while value
is optimum. NMFS was unable to
publish a notice providing time for
public comment because the most
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
recent, relevant data only became
available as of January 15, 2019.
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.
PO 00000
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: January 17, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–01094 Filed 1–28–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Pages 5170-5172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01094]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 180713633-9174-02; RTID 0648-XY073]
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pollock in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amounts of the
Community Development Quota (CDQ) pollock directed fishing allowance
(DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This
action is necessary to provide opportunity for harvest of the 2020
total allowable catch of pollock, consistent with the goals and
objectives of the Fishery Management Plan for Groundfish of the Bering
Sea and Aleutian Islands Management Area (BSAI).
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 29,
2020, until the effective date of the final 2020 and 2021 harvest
specifications for BSAI groundfish, unless otherwise modified or
superseded through publication of a notification in the Federal
Register.
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
(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.
In the Aleutian Islands subarea, the portion of the 2020 pollock
total allowable catch (TAC) allocated to the CDQ DFA is 1,900 mt as
established by the final 2019 and 2020 harvest specifications for
groundfish in the BSAI (84 FR 9000, March 13, 2019), and as adjusted by
an inseason adjustment (85 FR 19, January 2, 2020).
As of January 15, 2020, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has
[[Page 5171]]
determined that 1,900 mt of pollock CDQ DFA in the Aleutian Islands
subarea will not be harvested. Therefore, in accordance with Sec.
679.20(a)(5)(iii)(B)(4), NMFS reallocates 1,900 mt of pollock CDQ DFA
from the Aleutian Islands subarea to the 2020 Bering Sea subarea. The
1,900 mt of pollock CDQ DFA is added to the 2020 Bering Sea CDQ DFA.
The 2020 Bering Sea subarea pollock incidental catch allowance remains
at 47,453 mt. As a result, the 2020 harvest specifications for pollock
in the Aleutian Islands subarea included in the final 2019 and 2020
harvest specifications for groundfish in the BSAI (84 FR 9000, March
13, 2019) and as adjusted by an inseason adjustment (85 FR 19, January
2, 2020) are revised as follows: 0 mt to CDQ DFA. Furthermore, pursuant
to Sec. 679.20(a)(5), Table 5 of the final 2019 and 2020 harvest
specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019),
as adjusted by the inseason adjustment (85 FR 19, January 2, 2020), is
revised to make 2020 pollock allocations consistent with this
reallocation. This reallocation results in an adjustment to the 2020
CDQ pollock allocation established at Sec. 679.20(a)(5).
Table 5--Final 2020 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2020 A season \1\ 2020 B season
2020 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,426,900 n/a n/a n/a
CDQ DFA......................................... 144,400 64,980 40,432 79,420
ICA \1\......................................... 47,453 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,235,048 555,771 345,813 679,276
AFA Inshore..................................... 617,524 277,886 172,907 339,638
AFA Catcher/Processors \3\...................... 494,019 222,309 138,325 271,710
Catch by C/Ps............................... 452,027 203,412 n/a 248,615
Catch by CVs \3\............................ 41,992 18,896 n/a 23,095
Unlisted C/P Limit \4\...................... 2,470 1,112 n/a 1,359
AFA Motherships................................. 123,505 55,577 34,581 67,928
Excessive Harvesting Limit \5\.................. 216,133 n/a n/a n/a
Excessive Processing Limit \6\.................. 370,514 n/a n/a n/a
Aleutian Islands subarea ABC.................... 55,120 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 17,100 n/a n/a n/a
CDQ DFA......................................... 0 0 n/a 0
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 14,700 14,700 n/a 0
Area harvest limit \7\.......................... n/a n/a n/a n/a
541......................................... 16,536 n/a n/a n/a
542......................................... 8,268 n/a n/a n/a
543......................................... 2,756 n/a n/a n/a
Bogoslof District ICA \8\....................... 75 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (3.7 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent
of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian
Islands pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the ABC for AI pollock.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available
for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is
a C/P sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
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 reallocation of Aleutian Islands pollock. Since the
pollock fishery opens January 20, 2020, it is important to immediately
inform the industry as to the Bering Sea subarea pollock CDQ DFA.
Immediate notification is necessary to allow for the
[[Page 5172]]
orderly conduct and efficient operation of this fishery; allow the
industry to plan for the fishing season and avoid potential disruption
to the fishing fleet as well as processors; and provide opportunity to
harvest increased seasonal pollock allocations while value is optimum.
NMFS was unable to publish a notice providing time for public comment
because the most recent, relevant data only became available as of
January 15, 2019.
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 is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 17, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-01094 Filed 1-28-20; 8:45 am]
BILLING CODE 3510-22-P
