Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 72580-72581 [2020-25043]
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72580
Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Rules and Regulations
NMFS is required by Federal regulation
to implement a 2,000-lb (907.2-kg)
Atlantic herring possession limit for
Management Area 1A through the
calendar year when 92 percent of the
area quota is projected to be harvested.
The 2020 Atlantic herring fishing year
began on January 1, 2020, and
Management Area 1A opened to fishing
on June 1, 2020. Data indicating the
Atlantic herring fleet will have landed
at least 92 percent of the 2020 sub-ACL
allocated to Management Area 1A only
recently became available. High-volume
catch and landings in this fishery
increase total catch relative to the subACL quickly, especially in this fishing
year where annual catch limits are
unusually low. If implementation of this
closure is delayed to solicit prior public
comment, the sub-ACL for Management
Area 1A for this fishing year will likely
be exceeded; thereby, undermining the
conservation objectives of the FMP. If
sub-ACLs are exceeded, the excess must
be deducted from a future sub-ACL and
would reduce future fishing
opportunities. In addition, the public
had prior notice and full opportunity to
comment on this process when these
provisions were put in place. The public
expects these actions to occur in a
timely way consistent with the fishery
management plan’s objectives.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 9, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–25195 Filed 11–10–20; 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–
XA632]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of Atka
Mackerel 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 reallocating the
projected unused amount of the 2020
Atka mackerel incidental catch
allowance (ICA) for the Bering Sea
subarea and Eastern Aleutian district
(BS/EAI) to the Amendment 80
cooperative allocation in the Bering Sea
and Aleutian Islands management area
(BSAI). This action is necessary to allow
the 2020 total allowable catch of Atka
mackerel in the BS/EAI of the BSAI to
be fully harvested.
DATES: Effective November 6, 2020,
2020 through 2400 hrs, A.l.t., 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
SUMMARY:
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 Atka mackerel ICA for the
BS/EAI is 800 metric tons (mt) and the
2020 Atka mackerel total allowable
catch allocated to the Amendment 80
cooperative is 18,904 mt as established
by the final 2020 and 2021 harvest
specifications for groundfish in the
BSAI (85 FR 13553, March 9, 2020).
The Administrator, Alaska Region,
NMFS, has determined that 200 mt of
the Atka mackerel ICA for the BS/EAI
will not be harvested. Therefore, in
accordance with § 679.91(f), NMFS
reallocates 200 mt of Atka mackerel
from the BS/EAI ICA to the Amendment
80 cooperative in the BSAI. In
accordance with § 679.91(f), NMFS will
reissue cooperative quota permit for the
reallocated Atka mackerel following the
procedures set forth in § 679.91(f)(3).
The harvest specifications for Atka
mackerel included in the harvest
specifications for groundfish in the
BSAI (85 FR 13553, March 9, 2020) are
revised as follows: 600 mt of Atka
mackerel for the BS/EAI ICA and 19,104
mt of Atka mackerel for the Amendment
80 cooperative allocation in the BS/EAI
of the BSAI. Table 6 is revised and
republished in its entirety as follows:
TABLE 6—FINAL 2020 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2020 Allocation by area
Sector 1
Season 2 3 4
TAC ........................................................
CDQ reserve ..........................................
n/a .........................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
n/a .........................................................
Total ......................................................
Total ......................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
jbell on DSKJLSW7X2PROD with RULES
Non-CDQ TAC .......................................
ICA .........................................................
Jig 6 ........................................................
BSAI trawl limited access ......................
Amendment 80 sector ............................
VerDate Sep<11>2014
16:03 Nov 12, 2020
Jkt 253001
PO 00000
Frm 00030
Fmt 4700
Eastern
aleutian district/
bering sea
Sfmt 4700
24,535
2,625
1,313
n/a
1,313
n/a
21,910
600
106
2,100
1,050
n/a
1,050
n/a
19,104
9,552
n/a
9,552
E:\FR\FM\13NOR1.SGM
Central
aleutian district 5
Western
aleutian district
14,721
1,575
788
473
788
473
13,146
75
..............................
1,307
654
392
654
392
11,764
5,882
3,529
5,882
20,049
2,145
1,073
644
1,073
644
17,904
20
..............................
..............................
..............................
..............................
..............................
..............................
17,884
8,942
5,365
8,942
13NOR1
Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Rules and Regulations
72581
TABLE 6—FINAL 2020 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC—Continued
[Amounts are in metric tons]
2020 Allocation by area
Sector 1
Season 2 3 4
Eastern
aleutian district/
bering sea
Critical Habitat .......................................
Central
aleutian district 5
n/a
3,529
Western
aleutian district
5,365
1 Section
679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B
season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3);
and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear
after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2020 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
This will enhance the socioeconomic
well-being of harvesters dependent
upon Atka mackerel in this area. The
Regional Administrator considered the
following factors in reaching this
decision: (1) The current catch of Atka
mackerel ICA in the BS/EAI, (2) the
harvest capacity and stated intent on
future harvesting patterns of the
Amendment 80 cooperative that
participates in this BS/EAI fishery.
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 harvest of Atka
mackerel in the BE/EAI fishery. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of November 3,
2020.
jbell on DSKJLSW7X2PROD with RULES
Authority: 16 U.S.C. 1801 et seq.
Dated: November 6, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–25043 Filed 11–6–20; 5:00 pm]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
16:03 Nov 12, 2020
Jkt 253001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 680
[Docket No. 201020–0271]
RIN 0648–BJ64
Fisheries of the Exclusive Economic
Zone Off Alaska; Removing the
Prohibition on Continuing To Fish
After a Partial Offload in the Bering
Sea and Aleutian Islands Crab
Rationalization Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
remove the regulatory prohibition on
continuing to fish after a partial offload
in the Bering Sea and Aleutian Islands
(BS/AI) Crab Rationalization (CR)
Program. This final rule is needed to
provide CR crab fishery participants
operational flexibility to conduct their
business in an efficient manner, in
particular when emergencies or special
circumstances arise. This action is
intended to promote the goals and
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the
Fishery Management Plan (FMP) for BS/
AI King and Tanner Crabs (Crab FMP),
and other applicable laws.
DATES: Effective December 14, 2020.
ADDRESSES: Electronic copies of the
Regulatory Impact Review (referred to as
SUMMARY:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
the ‘‘Analysis’’) and the Categorical
Exclusion prepared for this final rule
may be obtained from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Megan Mackey, 907–586–7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the king and Tanner
crab fisheries in the exclusive economic
zone (EEZ) of the BS/AI under the Crab
FMP. The North Pacific Fishery
Management Council (Council)
prepared the Crab FMP under the
authority of the Magnuson-Stevens Act,
16 U.S.C. 1801 et seq. Regulations
implementing most provisions of the
Crab FMP, including the CR Program,
are located at 50 CFR part 680.
Regulations implementing specific
provisions of the Crab FMP that pertain
to the License Limitation Program are
located at 50 CFR part 679.
The proposed rule to implement this
action was published in the Federal
Register on August 4, 2020, with
comments invited through September 3,
2020 (85 FR 47157). NMFS received two
comment letters containing a total of
two unique comments. The comments
are summarized and responded to under
the heading Comments and Responses
below.
A detailed review of the provisions
and rationale for this action is provided
in the preamble to the proposed rule (85
FR 47157, August 4, 2020) and is briefly
summarized in this final rule.
Background
The CR Program was implemented on
April 1, 2005 (70 FR 10174, March 2,
2005). The CR Program established a
E:\FR\FM\13NOR1.SGM
13NOR1
]]>Agencies
[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Rules and Regulations]
[Pages 72580-72581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25043]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200227-0066; RTID 0648-XA632]
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Atka Mackerel 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 reallocating the projected unused amount of the 2020
Atka mackerel incidental catch allowance (ICA) for the Bering Sea
subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80
cooperative allocation in the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to allow the 2020
total allowable catch of Atka mackerel in the BS/EAI of the BSAI to be
fully harvested.
DATES: Effective November 6, 2020, 2020 through 2400 hrs, A.l.t.,
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.
The 2020 Atka mackerel ICA for the BS/EAI is 800 metric tons (mt)
and the 2020 Atka mackerel total allowable catch allocated to the
Amendment 80 cooperative is 18,904 mt as established by the final 2020
and 2021 harvest specifications for groundfish in the BSAI (85 FR
13553, March 9, 2020).
The Administrator, Alaska Region, NMFS, has determined that 200 mt
of the Atka mackerel ICA for the BS/EAI will not be harvested.
Therefore, in accordance with Sec. 679.91(f), NMFS reallocates 200 mt
of Atka mackerel from the BS/EAI ICA to the Amendment 80 cooperative in
the BSAI. In accordance with Sec. 679.91(f), NMFS will reissue
cooperative quota permit for the reallocated Atka mackerel following
the procedures set forth in Sec. 679.91(f)(3).
The harvest specifications for Atka mackerel included in the
harvest specifications for groundfish in the BSAI (85 FR 13553, March
9, 2020) are revised as follows: 600 mt of Atka mackerel for the BS/EAI
ICA and 19,104 mt of Atka mackerel for the Amendment 80 cooperative
allocation in the BS/EAI of the BSAI. Table 6 is revised and
republished in its entirety as follows:
Table 6--Final 2020 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2020 Allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern aleutian
district/ bering Central aleutian Western aleutian
sea district \5\ district
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 24,535 14,721 20,049
CDQ reserve...................... Total............... 2,625 1,575 2,145
A................... 1,313 788 1,073
Critical Habitat.... n/a 473 644
B................... 1,313 788 1,073
Critical Habitat.... n/a 473 644
Non-CDQ TAC...................... n/a................. 21,910 13,146 17,904
ICA.............................. Total............... 600 75 20
Jig \6\.......................... Total............... 106 ................. .................
BSAI trawl limited access........ Total............... 2,100 1,307 .................
A................... 1,050 654 .................
Critical Habitat.... n/a 392 .................
B................... 1,050 654 .................
Critical Habitat.... n/a 392 .................
Amendment 80 sector.............. Total............... 19,104 11,764 17,884
A................... 9,552 5,882 8,942
Critical Habitat.... n/a 3,529 5,365
B................... 9,552 5,882 8,942
[[Page 72581]]
Critical Habitat.... n/a 3,529 5,365
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear
allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC
for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50
CFR part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see
Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea
subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of
this allocation for 2020 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
This will enhance the socioeconomic well-being of harvesters
dependent upon Atka mackerel in this area. The Regional Administrator
considered the following factors in reaching this decision: (1) The
current catch of Atka mackerel ICA in the BS/EAI, (2) the harvest
capacity and stated intent on future harvesting patterns of the
Amendment 80 cooperative that participates in this BS/EAI fishery.
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 harvest of Atka mackerel
in the BE/EAI fishery. NMFS was unable to publish a notice providing
time for public comment because the most recent, relevant data only
became available as of November 3, 2020.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 6, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-25043 Filed 11-6-20; 5:00 pm]
BILLING CODE 3510-22-P
