Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Revised Final 2020 and 2021 Harvest Specifications for Groundfish, 74266-74270 [2020-25004]
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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Rules and Regulations
B. What is codification and is the EPA
codifying South Carolina’s hazardous
waste program as authorized in this
rule?
Codification is the process of placing
citations and references to the State’s
statutes and regulations that comprise
the State’s authorized hazardous waste
program into the Code of Federal
Regulations. The EPA does this by
adding those citations and references to
the authorized State rules in 40 CFR
part 272. The EPA is not codifying the
authorization of South Carolina’s
revisions at this time. However, the EPA
reserves the ability to amend 40 CFR
part 272, subpart PP, for the
authorization of South Carolina’s
program changes at a later date.
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
C. Statutory and Executive Order
Reviews
This final authorization revises South
Carolina’s authorized hazardous waste
management program pursuant to
Section 3006 of RCRA and imposes no
requirements other than those currently
imposed by State law. For further
information on how this authorization
complies with applicable executive
orders and statutory provisions, please
see the Proposed Rule published in the
September 11, 2020 Federal Register at
85 FR 56200. The Congressional Review
Act, 5 U.S.C. 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. The EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
final action will be effective November
20, 2020.
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer From MD to NC
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
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Dated: November 2, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–24950 Filed 11–19–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200623–0167; RTID 0648–
XA626]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification; quota transfer.
AGENCY:
NMFS announces that the
State of Maryland is transferring a
portion of its 2020 commercial bluefish
quota to the State of North Carolina.
This quota adjustment is necessary to
comply with the Atlantic Bluefish
Fishery Management Plan quota transfer
provisions. This announcement informs
the public of the revised commercial
bluefish quotas for Maryland and North
Carolina.
DATES: Effective November 19, 2020,
through December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, (978) 281–9225.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found in 50 CFR
648.160 through 648.167. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through Florida. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.162, and the
final 2020 allocations were published
on June 29, 2020 (85 FR 38794).
The final rule implementing
Amendment 1 to the Bluefish Fishery
Management Plan (FMP) published in
the Federal Register on July 26, 2000
(65 FR 45844), and provided a
mechanism for transferring bluefish
quota from one state to another. Two or
more states, under mutual agreement
and with the concurrence of the NMFS
Greater Atlantic Regional Administrator,
SUMMARY:
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can request approval to transfer or
combine bluefish commercial quota
under § 648.162(e)(1)(i) through (iii).
The Regional Administrator must
approve any such transfer based on the
criteria in § 648.162(e). In evaluating
requests to transfer a quota or combine
quotas, the Regional Administrator shall
consider whether: The transfer or
combinations would preclude the
overall annual quota from being fully
harvested; the transfer addresses an
unforeseen variation or contingency in
the fishery; and the transfer is consistent
with the objectives of the FMP and the
Magnuson-Stevens Act.
Maryland is transferring 30,000 lb
(13,608 kg) of bluefish commercial
quota to North Carolina through mutual
agreement of the states. This transfer
was requested to ensure that North
Carolina would not exceed its 2020 state
quota. The revised bluefish quotas for
2020 are: Maryland, 53,054 lb (24,065
kg) and North Carolina, 1,001,058 lb
(454,072 kg).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
648.162(e)(1)(i) through (iii), which was
issued pursuant to section 304(b), and is
exempted from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 17, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–25705 Filed 11–19–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 201105–0291]
RTID 0648–XY201
Fisheries of the Exclusive Economic
Zone Off Alaska; Gulf of Alaska;
Revised Final 2020 and 2021 Harvest
Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; closures.
AGENCY:
NMFS publishes revisions to
the final 2020 and 2021 harvest
specifications for the 2021 groundfish
fisheries of the Gulf of Alaska (GOA)
SUMMARY:
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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Rules and Regulations
that are required by the final rule
implementing Amendment 109 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (FMP).
This action is necessary to revise the
2021 seasons associated with the
pollock fishery and revise the trawl
catcher vessel sector’s Pacific cod
seasonal apportionments of the total
allowable catch in the Western and
Central Regulatory Areas of the GOA.
The intended effect of this action is to
conserve and manage the groundfish
resources in the GOA in accordance
with the FMP and the MagnusonStevens Fishery Conservation and
Management Act.
DATES: The final 2020 and 2021 harvest
specifications for 2021 and associated
apportionment of reserves are effective
at 0001 hours, Alaska local time (A.l.t.),
January 1, 2020, until the effective date
of the final 2021 and 2022 harvest
specifications for GOA groundfish,
which are anticipated to be published in
the Federal Register in early 2021.
ADDRESSES: Electronic copies of the
Final Alaska Groundfish Harvest
Specifications Environmental Impact
Statement (EIS), Record of Decision
(ROD), the annual Supplementary
Information Reports (SIRs) to the EIS,
and the Initial Regulatory Flexibility
Analysis (IRFA) prepared for the final
2020 and 2021 harvest specifications are
available from https://
www.fisheries.noaa.gov/region/alaska.
The 2019 Stock Assessment and Fishery
Evaluation (SAFE) report for the
groundfish resources of the GOA, dated
November 2019, and SAFE reports for
previous years are available from the
North Pacific Fishery Management
Council (Council) at 1007 West 3rd
Avenue, Suite 400, Anchorage, AK
99501, phone 907–271–2809, or from
the Council’s website at https://
www.npfmc.org. Electronic copies of the
Environmental Assessment (EA) and the
Regulatory Impact Review and the
National Environmental Policy Act
(NEPA) Finding of No Significant
Impact (FONSI) prepared for the final
rule implementing Amendment 109 to
the FMP may be obtained from https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR parts 679 and 680
implement the FMP and govern the
groundfish fisheries in the GOA. The
Council prepared the FMP, and NMFS
approved it, under the MagnusonStevens Fishery Conservation and
Management Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
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On June 25, 2020, NMFS published a
final rule to implement Amendment 109
to the FMP and a regulatory amendment
to the regulations governing pollock and
Pacific cod fishing in the GOA (85 FR
38093, effective January 1, 2021). The
final rule revised the pollock seasons in
the GOA by modifying the seasonal
apportionment of the annual pollock
total allowable catch (TAC) in the
Western Regulatory Area of the GOA
(Western GOA) and Central Regulatory
Area of the GOA (Central GOA).
Additionally, the final rule revised the
Pacific cod TAC seasonal allowances of
the TAC to the trawl catcher vessel (CV)
sector by increasing the A season
allocation of the TAC and decreasing
the B season allocation of the TAC in
the Western GOA and Central GOA.
In order to effectively manage the
GOA pollock and Pacific cod fisheries
in the beginning of 2021, the final 2020
and 2021 harvest specifications (85 FR
13802, March 10, 2020) must be revised
for 2021 to comport with the regulatory
revisions contained in the final rule
implementing Amendment 109 to the
FMP (85 FR 38093, June 25, 2020). In
addition, those regulatory revisions will
be incorporated into the proposed 2021
and 2022 harvest specifications, which
should be published in December 2020.
The final 2021 and 2022 harvest
specification should be published by
March 2021.
Amendment 109 to the GOA FMP
The Council recommended a
regulatory amendment for pollock
fisheries in the GOA and Amendment
109 to the FMP for Pacific cod seasonal
allowances to trawl CVs with an
objective of improving the overall
performance of these two fisheries. The
Council acknowledged the challenges
and management inefficiencies of a
pollock fishery spread across four
separate seasons. The Council also
acknowledged the changes that have
occurred in the trawl CV Pacific cod
fishery in recent years, resulting in
underharvest of B season Pacific cod
TAC. Specifically, the Council
examined the amount of uncaught
Pacific cod TAC in all gear sectors
during the B season in the Western GOA
and Central GOA, options for changing
pollock and Pacific cod seasonal
allowances with the goal of improving
efficiency in fishery management, and
whether delaying the start of the pollock
C season in the Western GOA and
Central GOA from August 25 to
September 1 might provide operational
benefits to vessels and processors that
also engage in salmon fisheries or
groundfish fisheries outside of the GOA.
A complete description of the purpose
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and background of Amendment 109 is
in the proposed rule for that action (85
FR 11939, February 28, 2020), as well as
the associated final rule (85 FR 38093,
June 25, 2020).
The final rule implementing
Amendment 109 (85 FR 38093, June 25,
2020) modified the seasonal allowances
of the Pacific cod TAC apportioned to
trawl CVs in the Western GOA and
Central GOA, as well as revised the
pollock seasons in those areas. The
regulatory revisions associated with
Amendment 109 revised the Pacific cod
seasonal allowances to increase the
trawl CV sector’s A season TAC while
proportionally decreasing the sector’s B
season TAC in the Western GOA and
Central GOA (85 FR 38093, June 25,
2020). The final rule also implemented
a regulatory amendment that combines
the Western GOA and Central GOA
trawl pollock fishery A and B seasons
into a single season (now designated as
the A season), and the C and D seasons
into a single season (now designated as
the B season), and by changing the
annual start date of the redesignated
pollock B season from August 25 to
September 1. These changes for pollock
and Pacific cod are applicable only to
the Western GOA and Central GOA,
which are comprised of NMFS
statistical area 610 for the Western GOA
and NMFS statistical areas 620 and 630
for the Central GOA (see Figure 3 to 50
CFR part 679).
Revisions to the Final 2020 and 2021
Harvest Specifications for 20201 for the
Gulf of Alaska
Based on the approval of Amendment
109 and its implementing regulations at
50 CFR part 679 (effective January 1,
2021), NMFS is revising the final 2020
and 2021 harvest specifications for 2021
for pollock and Pacific cod in the GOA.
With this final rule, NMFS revises
Tables 4 and 6 in the final 2020 and
2021 harvest specifications for
groundfish in the GOA (85 FR 13802,
March 10, 2020) to be consistent with
the final rule implementing Amendment
109. Tables 4 and 6 were originally
published in the final 2020 and 2021
harvest specifications for the GOA and
are available at the NMFS, Alaska
Region website: https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-groundfishharvest-specifications. This final rule
uses the same table numbers and titles
that were used in the final 2020 and
2021 harvest specifications. However,
the title of Table 4 is revised to remove
the term ‘‘Seasonal Biomass
Distribution,’’ and the reasons for this
revision are addressed in the next
section.
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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Rules and Regulations
Revision to Table 4—Final 2021
Distribution of Pollock in the Western
and Central Regulatory Areas of the
Gulf of Alaska; Area Apportionments;
and Seasonal Allowances of Annual
TAC
Table 4 lists the final 2021
distribution of pollock TAC in the
Western GOA and Central GOA,
including area and seasonal
apportionments. The table published in
the final 2020 and 2021 harvest
specifications reflects four seasonal
allowances, consistent with the
regulations in effect when the final 2020
and 2021 harvest specifications were
published. Table 4 must be revised to
reflect only two seasonal
apportionments in accordance with
regulatory changes made under
Amendment 109. Pursuant to
§ 679.20(a)(5)(iv)(B) (as revised), the
annual pollock TAC specified for the
Western GOA and Central GOA is now
apportioned into two seasonal
allowances of 50 percent. As established
by § 679.23(d)(2)(i) through (ii) (as
revised), the A and B season allowances
are available from January 20 through
May 31 and September 1 through
November 1, respectively. This is a
change from 2020 and prior years, when
there were four specified pollock
seasons and a different start date for one
of the seasons. This final action revises
Table 4 to incorporate the correct
seasonal apportionments for 2021
pollock in the Western GOA and Central
GOA. Table 4 will no longer contain the
seasonal apportionments (in
percentages). Those percentages will
continue to be available in the annual
pollock stock assessment: The stock
assessment will continue to use a fourseason methodology to determine
pollock distribution in the Western and
Central Regulatory Areas of the GOA,
and the pollock distribution over four
seasons will then be summed and used
to calculate seasonal apportionments for
the two seasons (A and B seasons) set
forth in the revised regulations.
TABLE 4—FINAL 2021 DISTRIBUTION OF POLLOCK IN THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF OF
ALASKA; AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC 1
[Values are rounded to the nearest metric ton]
Shumigan
(Area 610)
Season 2
Chirikof
(Area 620)
Kodiak
(Area 630)
Total 3
A (January 20–May 31) ...................................................................................
B (September 1–November 1) ........................................................................
1,067
18,708
42,260
13,899
8,354
19,074
51,682
51,682
Annual Total .............................................................................................
19,775
56,159
27,429
103,363
1 Area
apportionments and seasonal allowances may not total precisely due to rounding.
established by § 679.23(d)(2)(i) through (ii), the A and B season allowances are available from January 20 through May 31 and September 1 through November 1, respectively. The annual TAC for the Western and Central Regulatory Areas is divided into two seasonal allowances of 50 percent. The seasonal allowances are apportioned among Areas 610, 620, and 630 based on an abundance-based distribution
methodology contained in the annual pollock stock assessment report. The amounts of pollock for processing by the inshore and offshore components are not shown in this table.
3 The West Yakutat District and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock
TACs shown in this table.
2 As
Revision to Table 6—Final 2021
Seasonal Apportionments and
Allocation of Pacific Cod Total
Allowable Catch (TAC) Amounts in the
GOA; Allocations in the Western GOA
and Central GOA Sectors, and the
Eastern GOA Inshore and Offshore
Processing Components
Table 6 lists the seasonal allocations
of the 2021 Pacific cod TAC in the
Western GOA and Central GOA among
gear and operational sectors. These
allocations are made pursuant to
§ 679.20(a)(12)(i) (as revised). The table
published in the final 2020 and 2021
harvest specifications incorporates
seasonal apportionments for the trawl
CV sector, among other sectors. Table 6
must be revised to incorporate the
correct 2021 seasonal apportionments to
trawl CVs between the A and B seasons
in accordance with regulatory changes
made under Amendment 109. The A
season apportionment for trawl CVs
increased to 31.54 percent and 25.29
percent in the Western GOA and Central
GOA, respectively. The B season
apportionment for trawl CVs decreased
to 6.86 percent and 16.29 percent in the
Western GOA and Central GOA,
respectively. This final action revises in
Table 6 the 2021 seasonal allowances of
the trawl CV sector’s annual TAC limit
in the Western GOA and Central GOA
to reflect the revised seasonal
apportionments.
TABLE 6—FINAL 2021 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE AND OFFSHORE
PROCESSING COMPONENTS
[Values are rounded to the nearest metric ton]
A Season
Annual
allocation
(mt)
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Regulatory area and sector
Western GOA:
Jig (3.5% of TAC) ..................................................................................
Hook-and-line CV ...................................................................................
Hook-and-line C/P ..................................................................................
Trawl CV ................................................................................................
Trawl C/P ...............................................................................................
Pot CV and Pot C/P ...............................................................................
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73
28
397
769
48
761
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Sector
percentage of
annual non-jig
TAC
B Season
Seasonal
allowances
(mt)
N/A
0.70
10.90
31.54
0.90
19.80
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44
14
218
632
18
397
20NOR1
Sector
percentage of
annual non-jig
TAC
N/A
0.70
8.90
6.86
1.50
18.20
Seasonal
allowances
(mt)
29
14
178
137
30
365
Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Rules and Regulations
74269
TABLE 6—FINAL 2021 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TAC AMOUNTS IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE AND OFFSHORE
PROCESSING COMPONENTS—Continued
[Values are rounded to the nearest metric ton]
A Season
Annual
allocation
(mt)
Regulatory area and sector
Sector
percentage of
annual non-jig
TAC
B Season
Seasonal
allowances
(mt)
Sector
percentage of
annual non-jig
TAC
Seasonal
allowances
(mt)
Total ................................................................................................
2,076
63.84
1,323
36.16
753
Central GOA:
Jig (1.0% of TAC) ..................................................................................
Hook-and-line <50 CV ...........................................................................
Hook-and-line ≥50 CV ...........................................................................
Hook-and-line C/P ..................................................................................
Trawl CV 1 ..............................................................................................
Trawl C/P ...............................................................................................
Pot CV and Pot C/P ...............................................................................
38
550
253
192
1,567
158
1,048
N/A
9.32
5.61
4.11
25.29
2.00
17.83
23
351
211
155
953
75
672
N/A
5.29
1.10
1.00
16.29
2.19
9.97
15
199
41
38
614
83
376
Total ................................................................................................
3,806
64.16
2,440
35.84
1,366
Eastern GOA ..........................................................................................
........................
549
Inshore (90% of Annual TAC)
494
Offshore (10% of Annual TAC)
55
1 Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 145 mt, of the annual Central GOA Pacific cod TAC (see Table 28c
to 50 CFR part 679). This apportionment is deducted from the Trawl CV B season allowance (see Table 13. Final 2021 Apportionments of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679).
This final rule is necessary to ensure
that appropriate seasonal allocations
will be in effect for the beginning of the
2021 fishing year for those fishery
participants affected by the pollock
season changes and the trawl CV Pacific
cod seasonal allocation changes that
were established under Amendment 109
and its implementing regulations. These
changes to the allocations also will be
incorporated in future harvest
specifications for the GOA groundfish
fisheries.
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Small Entity Compliance Guide
The following information is a plain
language guide to assist small entities in
complying with this final rule as
required by the Small Business
Regulatory Enforcement Fairness Act of
1996. This final rule is necessary to
revise final 2020 and 2021 harvest
specifications for 2021 pollock and
Pacific cod in the GOA so that the
allocations and seasons are consistent
with new fishery allocations and
seasons established under Amendment
109. This action affects all fishermen
who participate in the pollock and
Pacific cod fisheries in the GOA. The
specific amounts of pollock and Pacific
cod TAC apportionments and seasonal
allocations are provided in tabular form
to assist the reader. NMFS will
announce closures of directed fishing in
the Federal Register and in information
bulletins released by the Alaska Region.
Affected fishermen should keep
themselves informed of such closures.
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Classification
NMFS determined that these revisions
to the final 2020 and 2021 harvest
specifications for 2021 are consistent
with the FMP and with the MagnusonStevens Fishery Conservation and
Management Act and other applicable
laws.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA) finds good cause to waive
prior notice and opportunity for public
comment on this action as notice and
comment is unnecessary and contrary to
the public interest. Through this action,
NOAA revises the final 2021 GOA
harvest specifications to be consistent
with the final rule implementing
Amendment 109 to the FMP and to
ensure that the 2021 pollock and trawl
CV Pacific cod allocation and season
changes implemented under
Amendment 109 will be effective at the
beginning of the 2021 fishing year. Prior
notice and opportunity for public
comment on this action is unnecessary
because the revisions from this action
merely update the 2021 GOA harvest
specifications to reflect allocations and
seasons implemented and required by
Amendment 109, and which have
already been subject to notice and
comment. This action does not revise
the final 2020 and 2021 GOA harvest
specifications in any substantive
manner not previously the subject of
notice and comment during the
development of Amendment 109.
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In addition, it is important and
necessary that the pollock and Pacific
cod allocations revised under
Amendment 109 are effective at the
beginning of the 2021 fishing year,
rather than waiting to implement
Amendment 109’s revisions in the final
2021 and 2022 GOA harvest
specifications, which will not be
effective until after the start of the 2021
fishing year. The pollock and Pacific
cod fisheries in the Western and Central
GOA are intensive, fast-paced fisheries.
U.S. fishing vessels have demonstrated
the capacity to catch the Pacific cod
TAC allocations in these fisheries. Any
delay in allocating the 2021 pollock and
Pacific cod TACs under Amendment
109 would cause confusion to the
industry and potential economic harm
through unnecessary discards.
Determining which fisheries may close
is impossible because these fisheries are
affected by several factors that cannot be
predicted in advance, including fishing
effort, weather, movement of fishery
stocks, and market price. Furthermore,
the closure of one fishery has a
cascading effect on other fisheries by
freeing up fishing vessels, allowing
them to move from closed fisheries to
open fisheries, increasing the fishing
capacity in those open fisheries, and
causing them to close at an accelerated
pace. Accordingly, waiver of prior
notice and opportunity for public
comment and publication of this final
rule is necessary to ensure that the
allocations and limitations required
under Amendment 109 will be effective
at the beginning of the 2021 fishing year
and to provide the regulated community
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with timely, adequate, and accurate
information necessary to allow the
industry to plan for the 2021 fishing
season, to conduct orderly and efficient
fisheries, and to avoid potential
disruption to the fishing fleet and
processors.
NMFS prepared a Final EIS for the
harvest strategy implemented by the
annual harvest specifications and made
it available to the public on January 12,
2007 (72 FR 1512). On February 13,
2007, NMFS issued the Record of
Decision (ROD) for the Final EIS. In
January 2020, NMFS prepared its
annual Supplementary Information
Report (SIR) for the 2020 and 2021
harvest specifications and determined
that a supplemental EIS is not necessary
to implement the 2020 and 2021 harvest
specifications. Copies of the Final EIS,
ROD, and annual SIRs for this action are
available (see ADDRESSES). NMFS also
prepared an EA and FONSI in
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conjunction with Amendment 109 to
the GOA FMP (See ADDRESSES).
A final regulatory flexibility analysis
(FRFA) was prepared to evaluate the
impacts on small entities resulting from
the alternative harvest strategies
employed in establishing the final 2020
and 2021 harvest specifications, in
accordance with Section 604 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 604). The FRFA met the statutory
requirements of the Regulatory
Flexibility Act of 1980, as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996 (5
U.S.C. 601–612). The FRFA was
published with the harvest
specifications final rule (85 FR 13802,
March 10, 2020) and is not repeated
here.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
PO 00000
Frm 00014
Fmt 4700
Sfmt 9990
the proposed rule stage that
Amendment 109 would not have a
significant economic impact on a
substantial number of small entities.
The factual basis for the certification
was published in the proposed rule (85
FR 11939, February 28, 2020) and is not
repeated here. No comments were
received regarding certification. As a
result, a regulatory flexibility analysis
was not required, and none was
prepared, for Amendment 109.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540 (f), 1801 et seq.; 16 U.S.C. 3631 et seq.;
Pub. L. 105–277; Pub. L. 106–31; Pub. L.
106–554; Pub. L. 108–199; Pub. L. 108–447;
Pub. L. 109–241; Pub. L. 109–479.
Dated: November 6, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–25004 Filed 11–19–20; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\20NOR1.SGM
20NOR1
]]>Agencies
[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Rules and Regulations]
[Pages 74266-74270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25004]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 201105-0291]
RTID 0648-XY201
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Revised Final 2020 and 2021 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; closures.
-----------------------------------------------------------------------
SUMMARY: NMFS publishes revisions to the final 2020 and 2021 harvest
specifications for the 2021 groundfish fisheries of the Gulf of Alaska
(GOA)
[[Page 74267]]
that are required by the final rule implementing Amendment 109 to the
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).
This action is necessary to revise the 2021 seasons associated with the
pollock fishery and revise the trawl catcher vessel sector's Pacific
cod seasonal apportionments of the total allowable catch in the Western
and Central Regulatory Areas of the GOA. The intended effect of this
action is to conserve and manage the groundfish resources in the GOA in
accordance with the FMP and the Magnuson-Stevens Fishery Conservation
and Management Act.
DATES: The final 2020 and 2021 harvest specifications for 2021 and
associated apportionment of reserves are effective at 0001 hours,
Alaska local time (A.l.t.), January 1, 2020, until the effective date
of the final 2021 and 2022 harvest specifications for GOA groundfish,
which are anticipated to be published in the Federal Register in early
2021.
ADDRESSES: Electronic copies of the Final Alaska Groundfish Harvest
Specifications Environmental Impact Statement (EIS), Record of Decision
(ROD), the annual Supplementary Information Reports (SIRs) to the EIS,
and the Initial Regulatory Flexibility Analysis (IRFA) prepared for the
final 2020 and 2021 harvest specifications are available from https://www.fisheries.noaa.gov/region/alaska. The 2019 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
GOA, dated November 2019, and SAFE reports for previous years are
available from the North Pacific Fishery Management Council (Council)
at 1007 West 3rd Avenue, Suite 400, Anchorage, AK 99501, phone 907-271-
2809, or from the Council's website at https://www.npfmc.org.
Electronic copies of the Environmental Assessment (EA) and the
Regulatory Impact Review and the National Environmental Policy Act
(NEPA) Finding of No Significant Impact (FONSI) prepared for the final
rule implementing Amendment 109 to the FMP may be obtained from https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR parts 679 and
680 implement the FMP and govern the groundfish fisheries in the GOA.
The Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Fishery Conservation and Management Act. General regulations
governing U.S. fisheries also appear at 50 CFR part 600.
On June 25, 2020, NMFS published a final rule to implement
Amendment 109 to the FMP and a regulatory amendment to the regulations
governing pollock and Pacific cod fishing in the GOA (85 FR 38093,
effective January 1, 2021). The final rule revised the pollock seasons
in the GOA by modifying the seasonal apportionment of the annual
pollock total allowable catch (TAC) in the Western Regulatory Area of
the GOA (Western GOA) and Central Regulatory Area of the GOA (Central
GOA). Additionally, the final rule revised the Pacific cod TAC seasonal
allowances of the TAC to the trawl catcher vessel (CV) sector by
increasing the A season allocation of the TAC and decreasing the B
season allocation of the TAC in the Western GOA and Central GOA.
In order to effectively manage the GOA pollock and Pacific cod
fisheries in the beginning of 2021, the final 2020 and 2021 harvest
specifications (85 FR 13802, March 10, 2020) must be revised for 2021
to comport with the regulatory revisions contained in the final rule
implementing Amendment 109 to the FMP (85 FR 38093, June 25, 2020). In
addition, those regulatory revisions will be incorporated into the
proposed 2021 and 2022 harvest specifications, which should be
published in December 2020. The final 2021 and 2022 harvest
specification should be published by March 2021.
Amendment 109 to the GOA FMP
The Council recommended a regulatory amendment for pollock
fisheries in the GOA and Amendment 109 to the FMP for Pacific cod
seasonal allowances to trawl CVs with an objective of improving the
overall performance of these two fisheries. The Council acknowledged
the challenges and management inefficiencies of a pollock fishery
spread across four separate seasons. The Council also acknowledged the
changes that have occurred in the trawl CV Pacific cod fishery in
recent years, resulting in underharvest of B season Pacific cod TAC.
Specifically, the Council examined the amount of uncaught Pacific cod
TAC in all gear sectors during the B season in the Western GOA and
Central GOA, options for changing pollock and Pacific cod seasonal
allowances with the goal of improving efficiency in fishery management,
and whether delaying the start of the pollock C season in the Western
GOA and Central GOA from August 25 to September 1 might provide
operational benefits to vessels and processors that also engage in
salmon fisheries or groundfish fisheries outside of the GOA. A complete
description of the purpose and background of Amendment 109 is in the
proposed rule for that action (85 FR 11939, February 28, 2020), as well
as the associated final rule (85 FR 38093, June 25, 2020).
The final rule implementing Amendment 109 (85 FR 38093, June 25,
2020) modified the seasonal allowances of the Pacific cod TAC
apportioned to trawl CVs in the Western GOA and Central GOA, as well as
revised the pollock seasons in those areas. The regulatory revisions
associated with Amendment 109 revised the Pacific cod seasonal
allowances to increase the trawl CV sector's A season TAC while
proportionally decreasing the sector's B season TAC in the Western GOA
and Central GOA (85 FR 38093, June 25, 2020). The final rule also
implemented a regulatory amendment that combines the Western GOA and
Central GOA trawl pollock fishery A and B seasons into a single season
(now designated as the A season), and the C and D seasons into a single
season (now designated as the B season), and by changing the annual
start date of the redesignated pollock B season from August 25 to
September 1. These changes for pollock and Pacific cod are applicable
only to the Western GOA and Central GOA, which are comprised of NMFS
statistical area 610 for the Western GOA and NMFS statistical areas 620
and 630 for the Central GOA (see Figure 3 to 50 CFR part 679).
Revisions to the Final 2020 and 2021 Harvest Specifications for 20201
for the Gulf of Alaska
Based on the approval of Amendment 109 and its implementing
regulations at 50 CFR part 679 (effective January 1, 2021), NMFS is
revising the final 2020 and 2021 harvest specifications for 2021 for
pollock and Pacific cod in the GOA. With this final rule, NMFS revises
Tables 4 and 6 in the final 2020 and 2021 harvest specifications for
groundfish in the GOA (85 FR 13802, March 10, 2020) to be consistent
with the final rule implementing Amendment 109. Tables 4 and 6 were
originally published in the final 2020 and 2021 harvest specifications
for the GOA and are available at the NMFS, Alaska Region website:
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications. This final rule uses the same table
numbers and titles that were used in the final 2020 and 2021 harvest
specifications. However, the title of Table 4 is revised to remove the
term ``Seasonal Biomass Distribution,'' and the reasons for this
revision are addressed in the next section.
[[Page 74268]]
Revision to Table 4--Final 2021 Distribution of Pollock in the Western
and Central Regulatory Areas of the Gulf of Alaska; Area
Apportionments; and Seasonal Allowances of Annual TAC
Table 4 lists the final 2021 distribution of pollock TAC in the
Western GOA and Central GOA, including area and seasonal
apportionments. The table published in the final 2020 and 2021 harvest
specifications reflects four seasonal allowances, consistent with the
regulations in effect when the final 2020 and 2021 harvest
specifications were published. Table 4 must be revised to reflect only
two seasonal apportionments in accordance with regulatory changes made
under Amendment 109. Pursuant to Sec. 679.20(a)(5)(iv)(B) (as
revised), the annual pollock TAC specified for the Western GOA and
Central GOA is now apportioned into two seasonal allowances of 50
percent. As established by Sec. 679.23(d)(2)(i) through (ii) (as
revised), the A and B season allowances are available from January 20
through May 31 and September 1 through November 1, respectively. This
is a change from 2020 and prior years, when there were four specified
pollock seasons and a different start date for one of the seasons. This
final action revises Table 4 to incorporate the correct seasonal
apportionments for 2021 pollock in the Western GOA and Central GOA.
Table 4 will no longer contain the seasonal apportionments (in
percentages). Those percentages will continue to be available in the
annual pollock stock assessment: The stock assessment will continue to
use a four-season methodology to determine pollock distribution in the
Western and Central Regulatory Areas of the GOA, and the pollock
distribution over four seasons will then be summed and used to
calculate seasonal apportionments for the two seasons (A and B seasons)
set forth in the revised regulations.
Table 4--Final 2021 Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska;
Area Apportionments; and Seasonal Allowances of Annual TAC \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Shumigan (Area Chirikof (Area Kodiak (Area
Season \2\ 610) 620) 630) Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)........................... 1,067 42,260 8,354 51,682
B (September 1-November 1)...................... 18,708 13,899 19,074 51,682
---------------------------------------------------------------
Annual Total................................ 19,775 56,159 27,429 103,363
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2)(i) through (ii), the A and B season allowances are available from
January 20 through May 31 and September 1 through November 1, respectively. The annual TAC for the Western and
Central Regulatory Areas is divided into two seasonal allowances of 50 percent. The seasonal allowances are
apportioned among Areas 610, 620, and 630 based on an abundance-based distribution methodology contained in
the annual pollock stock assessment report. The amounts of pollock for processing by the inshore and offshore
components are not shown in this table.
\3\ The West Yakutat District and Southeast Outside District pollock TACs are not allocated by season and are
not included in the total pollock TACs shown in this table.
Revision to Table 6--Final 2021 Seasonal Apportionments and Allocation
of Pacific Cod Total Allowable Catch (TAC) Amounts in the GOA;
Allocations in the Western GOA and Central GOA Sectors, and the Eastern
GOA Inshore and Offshore Processing Components
Table 6 lists the seasonal allocations of the 2021 Pacific cod TAC
in the Western GOA and Central GOA among gear and operational sectors.
These allocations are made pursuant to Sec. 679.20(a)(12)(i) (as
revised). The table published in the final 2020 and 2021 harvest
specifications incorporates seasonal apportionments for the trawl CV
sector, among other sectors. Table 6 must be revised to incorporate the
correct 2021 seasonal apportionments to trawl CVs between the A and B
seasons in accordance with regulatory changes made under Amendment 109.
The A season apportionment for trawl CVs increased to 31.54 percent and
25.29 percent in the Western GOA and Central GOA, respectively. The B
season apportionment for trawl CVs decreased to 6.86 percent and 16.29
percent in the Western GOA and Central GOA, respectively. This final
action revises in Table 6 the 2021 seasonal allowances of the trawl CV
sector's annual TAC limit in the Western GOA and Central GOA to reflect
the revised seasonal apportionments.
Table 6--Final 2021 Seasonal Apportionments and Allocation of Pacific Cod TAC Amounts in the GOA; Allocations in
the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore Processing Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A Season B Season
-------------------------------------------------------------------
Annual Sector Sector
Regulatory area and sector allocation percentage of Seasonal percentage of Seasonal
(mt) annual non-jig allowances annual non-jig allowances
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
Jig (3.5% of TAC)....... 73 N/A 44 N/A 29
Hook-and-line CV........ 28 0.70 14 0.70 14
Hook-and-line C/P....... 397 10.90 218 8.90 178
Trawl CV................ 769 31.54 632 6.86 137
Trawl C/P............... 48 0.90 18 1.50 30
Pot CV and Pot C/P...... 761 19.80 397 18.20 365
-----------------------------------------------------------------------------------
[[Page 74269]]
Total............... 2,076 63.84 1,323 36.16 753
----------------------------------------------------------------------------------------------------------------
Central GOA:
Jig (1.0% of TAC)....... 38 N/A 23 N/A 15
Hook-and-line <50 CV.... 550 9.32 351 5.29 199
Hook-and-line >=50 CV... 253 5.61 211 1.10 41
Hook-and-line C/P....... 192 4.11 155 1.00 38
Trawl CV \1\............ 1,567 25.29 953 16.29 614
Trawl C/P............... 158 2.00 75 2.19 83
Pot CV and Pot C/P...... 1,048 17.83 672 9.97 376
-----------------------------------------------------------------------------------
Total............... 3,806 64.16 2,440 35.84 1,366
----------------------------------------------------------------------------------------------------------------
Eastern GOA............. .............. Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
549 494
55
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 145 mt, of the
annual Central GOA Pacific cod TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the
Trawl CV B season allowance (see Table 13. Final 2021 Apportionments of Rockfish Secondary Species in the
Central GOA and Table 28c to 50 CFR part 679).
This final rule is necessary to ensure that appropriate seasonal
allocations will be in effect for the beginning of the 2021 fishing
year for those fishery participants affected by the pollock season
changes and the trawl CV Pacific cod seasonal allocation changes that
were established under Amendment 109 and its implementing regulations.
These changes to the allocations also will be incorporated in future
harvest specifications for the GOA groundfish fisheries.
Small Entity Compliance Guide
The following information is a plain language guide to assist small
entities in complying with this final rule as required by the Small
Business Regulatory Enforcement Fairness Act of 1996. This final rule
is necessary to revise final 2020 and 2021 harvest specifications for
2021 pollock and Pacific cod in the GOA so that the allocations and
seasons are consistent with new fishery allocations and seasons
established under Amendment 109. This action affects all fishermen who
participate in the pollock and Pacific cod fisheries in the GOA. The
specific amounts of pollock and Pacific cod TAC apportionments and
seasonal allocations are provided in tabular form to assist the reader.
NMFS will announce closures of directed fishing in the Federal Register
and in information bulletins released by the Alaska Region. Affected
fishermen should keep themselves informed of such closures.
Classification
NMFS determined that these revisions to the final 2020 and 2021
harvest specifications for 2021 are consistent with the FMP and with
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA (AA) finds good cause to waive prior notice and
opportunity for public comment on this action as notice and comment is
unnecessary and contrary to the public interest. Through this action,
NOAA revises the final 2021 GOA harvest specifications to be consistent
with the final rule implementing Amendment 109 to the FMP and to ensure
that the 2021 pollock and trawl CV Pacific cod allocation and season
changes implemented under Amendment 109 will be effective at the
beginning of the 2021 fishing year. Prior notice and opportunity for
public comment on this action is unnecessary because the revisions from
this action merely update the 2021 GOA harvest specifications to
reflect allocations and seasons implemented and required by Amendment
109, and which have already been subject to notice and comment. This
action does not revise the final 2020 and 2021 GOA harvest
specifications in any substantive manner not previously the subject of
notice and comment during the development of Amendment 109.
In addition, it is important and necessary that the pollock and
Pacific cod allocations revised under Amendment 109 are effective at
the beginning of the 2021 fishing year, rather than waiting to
implement Amendment 109's revisions in the final 2021 and 2022 GOA
harvest specifications, which will not be effective until after the
start of the 2021 fishing year. The pollock and Pacific cod fisheries
in the Western and Central GOA are intensive, fast-paced fisheries.
U.S. fishing vessels have demonstrated the capacity to catch the
Pacific cod TAC allocations in these fisheries. Any delay in allocating
the 2021 pollock and Pacific cod TACs under Amendment 109 would cause
confusion to the industry and potential economic harm through
unnecessary discards. Determining which fisheries may close is
impossible because these fisheries are affected by several factors that
cannot be predicted in advance, including fishing effort, weather,
movement of fishery stocks, and market price. Furthermore, the closure
of one fishery has a cascading effect on other fisheries by freeing up
fishing vessels, allowing them to move from closed fisheries to open
fisheries, increasing the fishing capacity in those open fisheries, and
causing them to close at an accelerated pace. Accordingly, waiver of
prior notice and opportunity for public comment and publication of this
final rule is necessary to ensure that the allocations and limitations
required under Amendment 109 will be effective at the beginning of the
2021 fishing year and to provide the regulated community
[[Page 74270]]
with timely, adequate, and accurate information necessary to allow the
industry to plan for the 2021 fishing season, to conduct orderly and
efficient fisheries, and to avoid potential disruption to the fishing
fleet and processors.
NMFS prepared a Final EIS for the harvest strategy implemented by
the annual harvest specifications and made it available to the public
on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS issued the
Record of Decision (ROD) for the Final EIS. In January 2020, NMFS
prepared its annual Supplementary Information Report (SIR) for the 2020
and 2021 harvest specifications and determined that a supplemental EIS
is not necessary to implement the 2020 and 2021 harvest specifications.
Copies of the Final EIS, ROD, and annual SIRs for this action are
available (see ADDRESSES). NMFS also prepared an EA and FONSI in
conjunction with Amendment 109 to the GOA FMP (See ADDRESSES).
A final regulatory flexibility analysis (FRFA) was prepared to
evaluate the impacts on small entities resulting from the alternative
harvest strategies employed in establishing the final 2020 and 2021
harvest specifications, in accordance with Section 604 of the
Regulatory Flexibility Act (RFA) (5 U.S.C. 604). The FRFA met the
statutory requirements of the Regulatory Flexibility Act of 1980, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 601-612). The FRFA was published with the harvest
specifications final rule (85 FR 13802, March 10, 2020) and is not
repeated here.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that Amendment 109 would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule (85 FR 11939, February 28, 2020) and is not repeated
here. No comments were received regarding certification. As a result, a
regulatory flexibility analysis was not required, and none was
prepared, for Amendment 109.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540 (f), 1801 et
seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-31; Pub.
L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-241; Pub.
L. 109-479.
Dated: November 6, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-25004 Filed 11-19-20; 8:45 am]
BILLING CODE 3510-22-P
