Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 14603-14604 [2020-05134]
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Rules and Regulations
minimizing the risk of the commercial
ACL being exceeded.
DATES: This temporary rule is effective
from 12:01 a.m. eastern time on March
14, 2020, until 12:01 a.m. eastern time
on March 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes golden tilefish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council (Council) and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial sector for golden
tilefish comprises the longline and
hook-and-line components. The
commercial golden tilefish ACL is
allocated 75 percent to the longline
component and 25 percent to the hookand-line component. The commercial
ACL (equivalent to the commercial
quota) is 331,740 lb (150,475 kg) gutted
weight, and the longline component
quota is 248,805 lb (112,856 kg) gutted
weight (50 CFR 622.190(a)(2)(iii).
Under 50 CFR 622.193(a)(1)(ii), NMFS
is required to close the commercial
longline component for golden tilefish
when the longline component’s
commercial quota specified under 50
CFR 622.190(a)(2)(iii) is reached or is
projected to be reached by filing a
notification to that effect with the Office
of the Federal Register. After the
longline component quota is reached or
is projected to be reached, golden
tilefish may not be commercially fished
or possessed by a vessel with a golden
tilefish longline endorsement. NMFS
previously determined that the
commercial quota for the golden tilefish
longline component in the South
Atlantic would be reached by February
18, 2020. Therefore, NMFS published a
temporary rule to close the commercial
longline component for South Atlantic
golden tilefish from February 18, 2020,
through the end of the 2020 fishing year
(85 FR 9398; February 19, 2020).
However, a recent landings estimation
indicates that the commercial longline
ACL for golden tilefish has not been
met.
In accordance with 50 CFR 622.8(c),
NMFS temporarily re-opens the
commercial longline component for
golden tilefish on March 14, 2020. The
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commercial longline component will
remain open for 9 days to allow for the
commercial longline ACL to be reached.
The commercial longline component
will be closed from 12:01 a.m. eastern
time on March 23, 2020, until January
1, 2021, the start of the next fishing
year. NMFS has determined that this reopening will allow for an additional
opportunity to commercially harvest the
golden tilefish longline component
quota while minimizing the risk of
exceeding the commercial ACL.
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper and a
valid commercial longline endorsement
for golden tilefish having golden tilefish
on board must have landed and
bartered, traded, or sold such golden
tilefish prior to 12:01 a.m. eastern time
on March 23, 2020. During the
subsequent commercial longline
closure, golden tilefish may still be
commercially harvested using hookand-line gear while the hook-and-line
component is open. However, a vessel
with a golden tilefish longline
endorsement is not eligible to fish for or
possess golden tilefish using hook-andline gear under the hook-and-line
commercial trip limit, as specified in 50
CFR 622.191(a)(2)(ii). The operator of a
vessel with a valid Federal commercial
vessel permit for South Atlantic
snapper-grouper and a valid commercial
longline endorsement for golden tilefish
with golden tilefish on board must have
landed and bartered, traded, or sold
such golden tilefish prior to 12:01 a.m.
eastern time on March 23, 2020. During
the commercial longline closure, the
recreational bag limit and possession
limits specified in 50 CFR
622.187(b)(2)(iii) and (c)(1),
respectively, apply to all harvest or
possession of golden tilefish in or from
the South Atlantic EEZ by a vessel with
a golden tilefish longline endorsement.
The sale or purchase of longlinecaught golden tilefish taken from the
South Atlantic EEZ is prohibited during
the commercial longline closure. The
prohibition on sale or purchase does not
apply to the sale or purchase of
longline-caught golden tilefish that were
harvested, landed ashore, and sold prior
to 12:01 a.m. eastern time on March 23,
2020, and were held in cold storage by
a dealer or processor. Additionally, the
recreational bag and possession limits
and the sale and purchase provisions of
the commercial closure apply to a
person on board a vessel with a golden
tilefish longline endorsement, regardless
of whether the golden tilefish are
harvested in state or Federal waters, as
specified in 50 CFR 622.190(c)(1).
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14603
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of South
Atlantic golden tilefish and is consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable laws.
This action is taken under 50 CFR
622.8(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 comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
re-open the commercial longline
component for golden tilefish
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures for
this temporary rule would be
unnecessary. Such procedures are
unnecessary, because the applicable
regulations have already been subject to
notice and comment, and all that
remains is to notify the public of the reopening.
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: March 9, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–05130 Filed 3–10–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200227–0066; RTID 0648–
XY087]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher/Processors Using Trawl Gear
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Rules and Regulations
NMFS is prohibiting directed
fishing for Pacific cod by American
Fisheries Act (AFA) trawl catcher/
processors in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the A-season limit of
the Pacific cod total allowable catch
specified for AFA trawl catcher/
processors in the BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 10, 2020,
through 1200 hours, A.l.t., April 1,
2020.
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 2020 A-season Pacific cod total
allowable catch allocated to AFA trawl
catcher/processors is 2,397 metric tons
(mt) as established by the final 2020 and
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:21 Mar 12, 2020
Jkt 250001
2021 harvest specifications for
groundfish in the BSAI (85 FR 13553,
March 9, 2020).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the A-season Pacific
cod total allowable catch allocated to
the AFA trawl catcher/processors in the
BSAI will soon be reached. Therefore,
the Regional Administrator is
establishing a directed fishing
allowance of 200 mt and is setting aside
the remaining 2,197 mt as incidental
catch to support other anticipated
groundfish fisheries. In accordance with
§ 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 cod by AFA
trawl catcher/processors in the BSAI.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Authority: 16 U.S.C. 1801 et seq.
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
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Fmt 4700
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 closure of directed fishing for
Pacific cod by AFA trawl catcher/
processors 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 of March 9, 2020.
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.
Sfmt 9990
Dated: March 10, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–05134 Filed 3–10–20; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Rules and Regulations]
[Pages 14603-14604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05134]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200227-0066; RTID 0648-XY087]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher/Processors Using Trawl Gear 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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[[Page 14604]]
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
American Fisheries Act (AFA) trawl catcher/processors in the Bering Sea
and Aleutian Islands management area (BSAI). This action is necessary
to prevent exceeding the A-season limit of the Pacific cod total
allowable catch specified for AFA trawl catcher/processors in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 10,
2020, through 1200 hours, A.l.t., April 1, 2020.
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 2020 A-season Pacific cod total allowable catch allocated to
AFA trawl catcher/processors is 2,397 metric tons (mt) as established
by the final 2020 and 2021 harvest specifications for groundfish in the
BSAI (85 FR 13553, March 9, 2020).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the A-season
Pacific cod total allowable catch allocated to the AFA trawl catcher/
processors in the BSAI will soon be reached. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 200 mt
and is setting aside the remaining 2,197 mt as incidental catch to
support other anticipated groundfish fisheries. 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 cod by AFA trawl catcher/
processors in the BSAI.
After the effective date 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 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 directed fishing for Pacific cod by AFA
trawl catcher/processors 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 of March 9, 2020.
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: March 10, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-05134 Filed 3-10-20; 4:15 pm]
BILLING CODE 3510-22-P
