Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 64413-64414 [2020-22548]

Download as PDF Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES action, is projected to be reached shortly (i.e., as of October 7, reported landings total approximately 67.3 mt) and that the General category should be closed. Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas General category and HMS Charter/Headboat category (while fishing commercially) must cease at 11:30 p.m. local time on October 9, 2020. The General category will automatically reopen December 1, 2020, for the December 2020 subquota time period. This action applies to Atlantic tunas General category (commercial) permitted vessels and HMS Charter/ Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT, and is taken consistent with the regulations at § 635.28(a)(1). The intent of this closure is to prevent overharvest of the available adjusted October through November subquota. Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-andrelease and tag-and-release programs at § 635.26. All BFT that are released must be handled in a manner that will maximize their survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available at https:// www.fisheries.noaa.gov/resource/ outreach-and-education/careful-catchand-release-brochure/. Monitoring and Reporting NMFS will continue to monitor the BFT fisheries closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS’ ability to timely implement actions such as quota and retention limit adjustment, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, General and HMS Charter/Headboat category vessel owners are required to report the catch of all BFT retained or discarded dead within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling (888) 872–8862 (Monday through Friday from 8 a.m. until 4:30 p.m.). After the fishery reopens on December 1, depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustments are necessary to ensure available subquotas are not exceeded or VerDate Sep<11>2014 15:52 Oct 09, 2020 Jkt 253001 to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281–9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 635, which was issued pursuant to section 304(c), and is exempt from review under Executive Order 12866. The Assistant Administrator for NMFS finds that pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice of, and an opportunity for public comment on, for the following reasons: The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. This fishery is currently underway and delaying this action would be contrary to the public interest as it could result in BFT landings exceeding the adjusted October through November 2020 General category quota. Affording prior notice and opportunity for public comment to implement the quota transfer is impracticable and contrary to the public interest as such a delay would likely result in exceedance of the General category October through November fishery subquota or earlier closure of the fishery while fish are available on the fishing grounds. Subquota exceedance may result in the need to reduce quota for the General category later in the year and thus could affect later fishing opportunities. This action does not raise conservation and management concerns. Transferring quota from the Reserve category to the General category does not affect the overall U.S. BFT quota, and available data shows the adjustment would have a minimal risk of exceeding the ICCATallocated quota. NMFS notes that the public had an opportunity to comment on the underlying rulemakings that established the U.S. BFT quota and the inseason adjustment criteria. For all of the above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 64413 Dated: October 8, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–22659 Filed 10–8–20; 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– XA553] 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 rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2020 total allowable catch (TAC) of yellowfin sole in the BSAI to be harvested. DATES: Effective October 9, 2020 through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 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. In the BSAI, the 2020 rock sole and yellowfin sole CDQ reserves are 4,915 metric tons (mt) and 16,425 mt, respectively, as established by the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, March 9, 2020) and as revised (85 FR 61875, October 1, 2020). The 2020 rock sole and yellowfin sole CDQ ABC reserves are 11,538 mt and 11,493 mt, respectively, as established by the final 2020 and 2021 harvest specifications for groundfish in the BSAI (85 FR 13553, SUMMARY: E:\FR\FM\13OCR1.SGM 13OCR1 64414 Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations March 9, 2020) and as revised (85 FR 61875, October 1, 2020). The Aleutian Pribilof Island Community Development Association has requested that NMFS exchange 300 mt of rock sole CDQ reserves for 300 mt of yellowfin sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 300 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 and 85 FR 61875, October 1, 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 17,845 1,962 3,000 ........................ 12,884 46,705 4,615 6,000 ........................ 36,090 152,800 16,725 4,000 17,172 114,903 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 ................... 68,134 17,845 50,289 50,289 5,329 44,960 2020 Rock sole 2020 Yellowfin sole 153,300 46,655 106,645 106,645 11,838 94,807 260,918 152,830 108,088 108,088 11,193 96,895 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. Classification khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 15:52 Oct 09, 2020 Jkt 253001 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 Aleutian Pribilof Island Community Development Association in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 recent, relevant data only became available as of October 1, 2020. Authority: 16 U.S.C. 1801 et seq. Dated: October 7, 2020. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–22548 Filed 10–9–20; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\13OCR1.SGM 13OCR1

Agencies

[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Rules and Regulations]
[Pages 64413-64414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22548]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200227-0066; RTID 0648-XA553]


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 rock sole Community Development 
Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) 
reserves in the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to allow the 2020 total allowable catch (TAC) 
of yellowfin sole in the BSAI to be harvested.

DATES: Effective October 9, 2020 through December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
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.
    In the BSAI, the 2020 rock sole and yellowfin sole CDQ reserves are 
4,915 metric tons (mt) and 16,425 mt, respectively, as established by 
the final 2020 and 2021 harvest specifications for groundfish in the 
BSAI (85 FR 13553, March 9, 2020) and as revised (85 FR 61875, October 
1, 2020). The 2020 rock sole and yellowfin sole CDQ ABC reserves are 
11,538 mt and 11,493 mt, respectively, as established by the final 2020 
and 2021 harvest specifications for groundfish in the BSAI (85 FR 
13553,

[[Page 64414]]

March 9, 2020) and as revised (85 FR 61875, October 1, 2020).
    The Aleutian Pribilof Island Community Development Association has 
requested that NMFS exchange 300 mt of rock sole CDQ reserves for 300 
mt of yellowfin sole CDQ ABC reserves under Sec.  679.31(d). Therefore, 
in accordance with Sec.  679.31(d), NMFS exchanges 300 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 and 85 FR 61875, October 1, 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          17,845          46,705         152,800
CDQ.....................................................           1,136             866           1,070           1,962           4,615          16,725
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          12,884          36,090         114,903
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 Yellowfin     2021 \1\      2021 \1\ Rock     2021 \1\
                         Sector                                sole       2020 Rock sole       sole        Flathead sole       sole       Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          68,134         153,300         260,918          71,079         230,700         261,497
TAC.....................................................          17,845          46,655         152,830          24,000          49,000         168,900
ABC surplus.............................................          50,289         106,645         108,088          47,079         181,700          92,597
ABC reserve.............................................          50,289         106,645         108,088          47,079         181,700          92,597
CDQ ABC reserve.........................................           5,329          11,838          11,193           5,037          19,442           9,908
Amendment 80 ABC reserve................................          44,960          94,807          96,895          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 
Aleutian Pribilof Island Community Development Association 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 
October 1, 2020.

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

    Dated: October 7, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2020-22548 Filed 10-9-20; 8:45 am]
BILLING CODE 3510-22-P
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