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
<![CDATA[
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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
