Fisheries of the Exclusive Economic Zone off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 59204-59205 [2020-20654]

Download as PDF 59204 Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES United States is a party to many different international agreements that require observer coverage. They state that unless an international body waives its observer coverage requirements, NMFS must ensure individual waivers comply with international observer requirements within the relevant convention waters. Two commenters requested a waiver for the international purse seine fishery. They indicated that several international agencies have granted temporary allowances to allow for the relevant fisheries to operate without observers as a result of the pandemic, and urge NMFS to waive observer coverage fully for the relevant fisheries. They note fishermen could experience economic harm if they are prohibited from fishing when observers are not available. They also note concern that these emergency measures will be lifted by NMFS on ‘‘The date when the current COVID–19 pandemic is no longer deemed a public health emergency by the Secretary of Health and Human Services.’’ They state that the condition of the pandemic in the United States may not match the conditions internationally. Response: NMFS understand these concerns, is assessing conditions around international fisheries, and is waiving observer coverage where appropriate. Classification This action is issued pursuant to section 305(c) of the MSA, 16 U.S.C. 1855(c), and pursuant to the rulemaking authority under other statutes that apply to Federal fisheries management or that implement international agreements. Such statutes include, but are not limited to, the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.), South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.), Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), Antigua Convention Implementing Act (16 U.S.C. 951 et seq.), High Seas Fishing Compliance Act (16 U.S.C. 5501 et seq.), and MMPA (16 U.S.C. 1361 et seq.). This temporary rule is intended to authorize NMFS to waive any observer requirement implemented under any of those authorities, consistent with other applicable law. Consistent with MSA section 305(c)(3)(B), this action will remain in effect as to all such requirements for 186 days (366 days from the original rulemaking) (unless, prior to these dates, the current COVID– 19 pandemic is no longer deemed a public health emergency by the Secretary of Health and Human Services, in which case NMFS anticipates that a notice of termination VerDate Sep<11>2014 16:14 Sep 18, 2020 Jkt 250001 of this temporary rule would be filed in the Federal Register pursuant to MSA section 305(c)(3)(D)). If this emergency needs to be extended beyond that time, or if this public health emergency evolves to the point where it is deemed necessary, NMFS will consult with the Secretary of Health and Human Services, pursuant to MSA section 305(c)(3)(C), to seek the Secretary’s concurrence on extending the action until the circumstances that created the public health emergency related to COVID–19 no longer exist. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA) that it is unnecessary, impracticable, and contrary to the public interest to provide for any additional prior notice and opportunity for the public to comment. As more fully explained above, the reasons justifying promulgation of this rule on an emergency basis, coupled with the fact that the public has had the opportunity to comment on the original emergency rule, make solicitation of additional comment unnecessary, impractical and contrary to the public interest. This action is needed immediately to enable NMFS to continue to respond to evolving, public safety-related concerns. NMFS is implementing this extension of an emergency action to continue to authorize action to prevent any potential health issues caused by spreading the COVID–19 virus to fishermen, observers, technicians, and other persons involved with observer coverage. Any delay of implementation of this extension could result in public health and safety issues during this global pandemic. In addition, this extension is needed to address potential disruptions in observer and technician availability due to health, training or travel issues or COVID–19-related guidance, requirements, or restrictions. For the reasons stated above, the AA also finds good cause to waive the 30day delay in effective date of this temporary rule under 5 U.S.C 553(d)(3). Because prior notice and opportunity for public comment are not required for this temporary rule by 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. Dated: September 15, 2020. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2020–20686 Filed 9–18–20; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 200221–0062; RTID 0648– XA485] Fisheries of the Exclusive Economic Zone off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: 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 2020 total allowable catch (TAC) of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested. SUMMARY: Effective September 17, 2020, through December 31, 2020. 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 2020 flathead sole, rock sole, and yellowfin sole CDQ reserves specified in the BSAI are 2,087 metric tons (mt), 5,040 mt, and 16,125 mt as established by the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, March 9, 2020). The 2020 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 5,204 mt, 11,363 mt, and 11,793 mt as established by the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, March 9, 2020). The Coastal Villages Regional Fund has requested that NMFS exchange 125 mt of flathead sole and 175 mt of rock sole CDQ reserves for 300 mt of yellowfin sole CDQ ABC reserves under DATES: E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 125 mt of flathead sole and 175 mt of rock sole CDQ reserves for 300 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 2020 and 2021 harvest specifications for 59205 groundfish in the BSAI (85 FR 13553, March 9, 2020) are further revised as follows: TABLE 11—FINAL 2020 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] Pacific ocean perch Sector Eastern Aleutian District TAC .......................................................... CDQ ......................................................... ICA ........................................................... BSAI trawl limited access ........................ Amendment 80 ......................................... Central Aleutian District 10,613 1,136 100 938 8,440 Western Aleutian District 8,094 866 60 717 6,451 10,000 1,070 10 178 8,742 Flathead sole Rock sole Yellowfin sole BSAI BSAI BSAI 19,375 1,962 3,000 ........................ 14,414 46,925 4,865 6,000 ........................ 36,060 151,000 16,425 4,000 17,172 113,403 Note: Sector apportionments may not total precisely due to rounding. TABLE 13—FINAL 2020 AND 2021 ABC SURPLUS, ABC RESERVES, 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] 2020 Flathead sole Sector ABC .......................................................... TAC .......................................................... ABC surplus ............................................. ABC reserve ............................................. CDQ ABC reserve ................................... Amendment 80 ABC reserve ................... 2020 Rock sole 68,134 19,375 48,759 48,759 5,329 43,430 2020 Yellowfin sole 153,300 46,925 106,375 106,375 11,538 94,837 260,918 151,000 109,918 109,918 11,493 98,425 2021 1 Flathead sole 71,079 24,000 47,079 47,079 5,037 42,042 2021 1 Rock sole 2021 1 Yellowfin sole 230,700 49,000 181,700 181,700 19,442 162,258 261,497 168,900 92,597 92,597 9,908 82,689 1 The 2021 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, 2020. jbell on DSKJLSW7X2PROD with RULES Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be 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 Coastal Villages Regional Fund 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 September 4, 2020. Authority: 16 U.S.C. 1801 et seq. Dated: September 15, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–20654 Filed 9–17–20; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 16:14 Sep 18, 2020 Jkt 250001 Effective 1200 hours, Alaska local time (A.l.t.), September 16, 2020, through 2400 hours, A.l.t., December 31, 2020. DATES: FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. [Docket No. 200221–0062; RTID 0648– XA352] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: ACTION: VerDate Sep<11>2014 NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2020 total allowable catch of Pacific ocean perch in the Western Regulatory Area of the GOA. SUMMARY: PO 00000 Temporary rule; closure. Frm 00033 Fmt 4700 Sfmt 4700 NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management 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. SUPPLEMENTARY INFORMATION: E:\FR\FM\21SER1.SGM 21SER1

Agencies

[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59204-59205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20654]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200221-0062; RTID 0648-XA485]


Fisheries of the Exclusive Economic Zone off Alaska; Exchange of 
Flatfish 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; reallocation.

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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 2020 total 
allowable catch (TAC) of yellowfin sole in the Bering Sea and Aleutian 
Islands management area to be harvested.

DATES: Effective September 17, 2020, through December 31, 2020.

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 2020 flathead sole, rock sole, and yellowfin sole CDQ reserves 
specified in the BSAI are 2,087 metric tons (mt), 5,040 mt, and 16,125 
mt as established by the final 2020 and 2021 harvest specifications for 
groundfish in the BSAI (85 FR 13553, March 9, 2020). The 2020 flathead 
sole, rock sole, and yellowfin sole CDQ ABC reserves are 5,204 mt, 
11,363 mt, and 11,793 mt as established by the final 2020 and 2021 
harvest specifications for groundfish in the BSAI (85 FR 13553, March 
9, 2020).
    The Coastal Villages Regional Fund has requested that NMFS exchange 
125 mt of flathead sole and 175 mt of rock sole CDQ reserves for 300 mt 
of yellowfin sole CDQ ABC reserves under

[[Page 59205]]

Sec.  679.31(d). Therefore, in accordance with Sec.  679.31(d), NMFS 
exchanges 125 mt of flathead sole and 175 mt of rock sole CDQ reserves 
for 300 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 2020 and 2021 
harvest specifications for groundfish in the BSAI (85 FR 13553, March 
9, 2020) are further revised as follows:

 Table 11--Final 2020 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                                                         -----------------------------------------------------------------------------------------------
                         Sector                               Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................          10,613           8,094          10,000          19,375          46,925         151,000
CDQ.....................................................           1,136             866           1,070           1,962           4,865          16,425
ICA.....................................................             100              60              10           3,000           6,000           4,000
BSAI trawl limited access...............................             938             717             178  ..............  ..............          17,172
Amendment 80............................................           8,440           6,451           8,742          14,414          36,060         113,403
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 13--Final 2020 and 2021 ABC Surplus, ABC Reserves, 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          2020  Flathead    2020  Rock         2020          2021 \1\     2021 \1\  Rock     2021 \1\
                         Sector                                sole            sole       Yellowfin sole   Flathead sole       sole       Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          68,134         153,300         260,918          71,079         230,700         261,497
TAC.....................................................          19,375          46,925         151,000          24,000          49,000         168,900
ABC surplus.............................................          48,759         106,375         109,918          47,079         181,700          92,597
ABC reserve.............................................          48,759         106,375         109,918          47,079         181,700          92,597
CDQ ABC reserve.........................................           5,329          11,538          11,493           5,037          19,442           9,908
Amendment 80 ABC reserve................................          43,430          94,837          98,425          42,042         162,258          82,689
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2021 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, 2020.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be 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 
Coastal Villages Regional Fund 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 September 4, 2020.

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

    Dated: September 15, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-20654 Filed 9-17-20; 4:15 pm]
BILLING CODE 3510-22-P