Fisheries of the Exclusive Economic Zone off Alaska; Modifying Seasonal Allocations of Pollock and Pacific Cod for Trawl Catcher Vessels in the Central and Western Gulf of Alaska; Correction, 79139-79141 [2020-26954]
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Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Rules and Regulations
swordfish retention limit from the
default levels would result in minimal
risk of exceeding the ICCAT-allocated
quota.
Delays in temporarily increasing these
retention limits caused by the time
required to publish a proposed rule and
accept public comment would adversely
and unnecessarily affect those
Swordfish General Commercial permit
holders and HMS Charter/Headboat
permit holders with a commercial
endorsement (when on a non-for-hire
trip) that would otherwise have an
opportunity to harvest more than the
otherwise applicable lower default
retention limits of three swordfish per
vessel per trip in the Northwest Atlantic
and Gulf of Mexico regions, and two
swordfish per vessel per trip in the U.S.
Caribbean region. Limiting
opportunities to harvest available
directed swordfish quota may have
negative social and economic impacts
for U.S. fishermen. Adjustment of the
retention limits needs to be effective on
January 1, 2021, to allow Swordfish
General Commercial permit holders and
HMS Charter/Headboat permit holders
with a commercial endorsement (when
on a non-for-hire trip) to benefit from
the adjustment during the relevant time
period, which could pass by for some
fishermen who have access to the
fishery during a short time period
because of seasonal fish migration, if the
action is delayed for notice and public
comment. Furthermore, the public was
given an opportunity to comment on the
underlying rulemakings, including the
adoption of the North Atlantic
swordfish U.S. quota, and the retention
limit adjustments in this action would
not have any additional effects or
impacts since the retention limit does
not affect the overall quota. Thus, there
would be little opportunity for
meaningful input and review with
public comment on this action.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For all of the above reasons,
there is also good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
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Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 1, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–26796 Filed 12–8–20; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.200623–0167; RTID 0648–
XA697]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer From MA to RI
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification; quota transfer.
AGENCY:
NMFS announces that the
Commonwealth of Massachusetts is
transferring a portion of its 2020
commercial bluefish quota to the State
of Rhode Island. 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
Massachusetts and Rhode Island.
DATES: Effective December 4, 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,
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
SUMMARY:
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79139
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.
Massachusetts is transferring 15,000
lb (6,804 kg) of bluefish commercial
quota to Rhode Island through mutual
agreement of the states. This transfer
was requested to ensure that Rhode
Island would not exceed its 2020 state
quota. The revised bluefish quotas for
2020 are: Massachusetts, 170,838 lb
(77,491 kg); and Rhode Island, 313,366
lb (142,140 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: December 4, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–27044 Filed 12–4–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200604–0152]
RIN 0648–BJ35
Fisheries of the Exclusive Economic
Zone off Alaska; Modifying Seasonal
Allocations of Pollock and Pacific Cod
for Trawl Catcher Vessels in the
Central and Western Gulf of Alaska;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
NMFS is correcting a final
rule that published in the Federal
Register on June 25, 2020,
implementing Amendment 109 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
FMP) and a regulatory amendment to
the regulations governing pollock
fishing in the Gulf of Alaska (GOA). The
final rule’s intent as to Pacific cod was
to change the seasonal apportionments
of Pacific cod for the trawl catcher
SUMMARY:
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Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Rules and Regulations
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vessel (CV) sector. However, in
changing the seasonal apportionments,
the final rule’s regulatory text
inadvertently affected the jig sector such
that it became unclear if the new,
overall seasonal apportionments apply
to the jig sector. This correction is
necessary to clarify seasonal
apportionments of Pacific cod for the jig
sector.
DATES: This rule is effective on January
1, 2021.
FOR FURTHER INFORMATION CONTACT:
Kelly Cates, 907–586–7228.
SUPPLEMENTARY INFORMATION:
Need for Correction
NMFS published Amendment 109 to
the GOA FMP and a regulatory
amendment to the regulations governing
pollock fishing in the GOA in the
Federal Register on June 25, 2020 (85
FR 38093), which will be referred to in
this correction collectively as
Amendment 109. The final rule
addresses operational and management
inefficiencies in the trawl CV pollock
and Pacific cod fisheries in the Central
Regulatory Area (CGOA) and the
Western Regulatory Area (WGOA) of the
GOA. This correction does not affect the
pollock seasons and allocations as
revised by Amendment 109.
The final rule to implement
Amendment 109 is effective on January
1, 2021, and, in part, revises
§ 679.20(a)(12)(i) to specify the new
seasonal apportionments of Pacific cod
total allowable catch (TAC) for the trawl
CV sector in the CGOA and the WGOA.
The trawl CV sector is one of several
sectors for which the regulations
allocate the Pacific cod TAC in the
WGOA and CGOA and apportion those
allocations seasonally (among gear and
operation types) between the A and B
seasons (§ 679.20(a)(12)(i)(A) and (B)).
The final rule to implement
Amendment 109 changes the trawl CV
sector’s seasonal apportionments in the
CGOA and WGOA: The A seasonal
apportionment increases by
approximately 4 percent, while the B
seasonal apportionment decreases by
approximately 4 percent. Because the
final rule shifts one sector’s seasonal
apportionment between the A and B
seasons, the overall seasonal
apportionment across all sectors in the
CGOA and WGOA also shifts between
the A and B seasons. The final rule to
implement Amendment 109 therefore
changes the WGOA and CGOA Pacific
cod overall seasonal apportionments
from 60 percent (A season) and 40
percent (B season) as follows: 63.84
percent of the WGOA TAC apportioned
to the A season and 36.16 percent of the
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WGOA TAC apportioned to the B
season, and 64.16 percent of the CGOA
TAC apportioned to the A season and
35.84 percent of the CGOA TAC
apportioned to the B season.
In changing these seasonal
apportionments, however, the final rule
for Amendment 109 inadvertently
affected the jig sector: Because the
regulations do not specify the jig sector
seasonal apportionment, unlike the A
and B season apportionments for all
other sectors and gear and operation
types in the CGOA and WGOA, it
became ambiguous if the new, overall
Pacific cod seasonal apportionments
should be applied to the jig sector. To
remove any ambiguity, NMFS is
correcting the final rule to implement
Amendment 109 to specify that the
CGOA and WGOA Pacific cod TACs
will be seasonally apportioned to the jig
sector such that 60 percent of the TAC
is apportioned to the A season and 40
percent of the TAC is apportioned to the
B season.
In implementing the final rule for
Amendment 109, the North Pacific
Fishery Management Council (Council)
and NMFS were clear that they did not
intend for Amendment 109 to affect any
sectors other than the trawl CV sector.
In the preambles to both the proposed
rule (85 FR 11939, February 28, 2020)
and final rule (85 FR 38093, June 25,
2020) to implement Amendment 109,
NMFS specified that although the
overall ratio of A and B seasonal
apportionments of Pacific cod for the
trawl CV sector is changing, the rule
does not affect the seasonal
apportionments of Pacific cod to any
other sectors. The preambles further
clarified that the seasonal
apportionment of Pacific cod remains
unchanged for all other sectors in the
CGOA and the WGOA.
In addition, the Council and NMFS
have clearly indicated their intention
regarding the jig sector’s seasonal
apportionment on two fronts. First, the
rulemaking to implement Amendment
83 to the GOA FMP (76 FR 74670,
December 1, 2011) specified that the jig
sector seasonal apportionment would be
60 percent for the A season and 40
percent for the B season in the CGOA
and the WGOA (76 FR 44700, July 26,
2011). Second, NMFS has implemented
the same apportionment in the annual
GOA groundfish harvest specifications
since the approval of Amendment 83.
However, the regulatory text at
§ 679.20(a)(12)(i) does not specify the
jig sector seasonal apportionment (like
the A and B season apportionments are
for all other sectors and gear and
operation types in the CGOA and
WGOA).
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In order to clarify the seasonal
apportionment to the jig sector for
Pacific cod in the WGOA and CGOA,
the final rule for Amendment 109 will
be revised to expressly state the A and
B season apportionments of Pacific cod
to the jig sector. As revised, the
regulations now will provide that a
portion of the annual Pacific cod TAC,
pursuant to § 679.20(a)(12)(i)(A) and
(B), will be allocated to vessels with a
Federal Fishing Permit that use jig gear,
before TAC is apportioned among other
non-jig sectors. This portion of the
CGOA and WGOA Pacific cod TACs
will be seasonally apportioned to the jig
sector such that 60 percent of the TAC
is apportioned to the A season and 40
percent of the TAC is apportioned to the
B season, as specified in § 679.23(d)(3).
Once the TAC for Pacific cod is
apportioned to the jig sector, the
remainder of the WGOA and CGOA
Pacific cod TACs will be seasonally
apportioned among the non-jig sectors
such that 63.84 percent of the WGOA
TAC is apportioned to the A season and
36.16 percent of the WGOA TAC is
apportioned to the B season, and 64.16
percent of the CGOA TAC is
apportioned to the A season and 35.84
percent of the CGOA TAC is
apportioned to the B season, as
specified in § 679.23(d)(3). This
correction makes these clarifications in
§ 679.20(a)(12)(i).
This correction to the final rule to
implement Amendment 109 will ensure
that the new seasonal allocations of
Pacific cod are available at the start of
the fishing year. The purposes of
Amendment 109 are to allow the
fisheries to more fully harvest the
Pacific cod and pollock TACs in the
WGOA and CGOA, increase
management flexibility, and,
potentially, decrease the prohibited
species catch, while not redistributing
fishing opportunities between
management areas or harvest sectors.
Correction
Effective January 1, 2021, in rule
document 2020–12453 at 85 FR 38093
in the issue of June 25, 2020, on page
38100, in the third column, in
amendatory instruction 2, paragraph
(a)(12)(i) introductory text is corrected
to read as follows:
§ 679.20
[Corrected]
*
*
*
*
*
(a) * * *
(12) * * *
(i) Seasonal allowances by sector. The
Western and Central GOA Pacific cod
TACs will be seasonally apportioned to
the jig sector such that 60 percent of the
TAC is apportioned to the A season and
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Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Rules and Regulations
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40 percent of the TAC is apportioned to
the B season, as specified in
§ 679.23(d)(3), before TAC is
apportioned among other non-jig
sectors. The Western and Central GOA
Pacific cod TACs will be seasonally
apportioned among the non-jig sectors
such that 63.84 percent of the Western
GOA TAC is apportioned to the A
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season and 36.16 percent of the Western
GOA TAC is apportioned to the B
season, and 64.16 percent of the Central
GOA TAC is apportioned to the A
season and 35.84 percent of the Central
GOA TAC is apportioned to the B
season, as specified in § 679.23(d)(3).
*
*
*
*
*
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79141
Dated: December 2, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–26954 Filed 12–8–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Rules and Regulations]
[Pages 79139-79141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26954]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200604-0152]
RIN 0648-BJ35
Fisheries of the Exclusive Economic Zone off Alaska; Modifying
Seasonal Allocations of Pollock and Pacific Cod for Trawl Catcher
Vessels in the Central and Western Gulf of Alaska; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: NMFS is correcting a final rule that published in the Federal
Register on June 25, 2020, implementing Amendment 109 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) and a
regulatory amendment to the regulations governing pollock fishing in
the Gulf of Alaska (GOA). The final rule's intent as to Pacific cod was
to change the seasonal apportionments of Pacific cod for the trawl
catcher
[[Page 79140]]
vessel (CV) sector. However, in changing the seasonal apportionments,
the final rule's regulatory text inadvertently affected the jig sector
such that it became unclear if the new, overall seasonal apportionments
apply to the jig sector. This correction is necessary to clarify
seasonal apportionments of Pacific cod for the jig sector.
DATES: This rule is effective on January 1, 2021.
FOR FURTHER INFORMATION CONTACT: Kelly Cates, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Need for Correction
NMFS published Amendment 109 to the GOA FMP and a regulatory
amendment to the regulations governing pollock fishing in the GOA in
the Federal Register on June 25, 2020 (85 FR 38093), which will be
referred to in this correction collectively as Amendment 109. The final
rule addresses operational and management inefficiencies in the trawl
CV pollock and Pacific cod fisheries in the Central Regulatory Area
(CGOA) and the Western Regulatory Area (WGOA) of the GOA. This
correction does not affect the pollock seasons and allocations as
revised by Amendment 109.
The final rule to implement Amendment 109 is effective on January
1, 2021, and, in part, revises Sec. 679.20(a)(12)(i) to specify the
new seasonal apportionments of Pacific cod total allowable catch (TAC)
for the trawl CV sector in the CGOA and the WGOA. The trawl CV sector
is one of several sectors for which the regulations allocate the
Pacific cod TAC in the WGOA and CGOA and apportion those allocations
seasonally (among gear and operation types) between the A and B seasons
(Sec. 679.20(a)(12)(i)(A) and (B)). The final rule to implement
Amendment 109 changes the trawl CV sector's seasonal apportionments in
the CGOA and WGOA: The A seasonal apportionment increases by
approximately 4 percent, while the B seasonal apportionment decreases
by approximately 4 percent. Because the final rule shifts one sector's
seasonal apportionment between the A and B seasons, the overall
seasonal apportionment across all sectors in the CGOA and WGOA also
shifts between the A and B seasons. The final rule to implement
Amendment 109 therefore changes the WGOA and CGOA Pacific cod overall
seasonal apportionments from 60 percent (A season) and 40 percent (B
season) as follows: 63.84 percent of the WGOA TAC apportioned to the A
season and 36.16 percent of the WGOA TAC apportioned to the B season,
and 64.16 percent of the CGOA TAC apportioned to the A season and 35.84
percent of the CGOA TAC apportioned to the B season.
In changing these seasonal apportionments, however, the final rule
for Amendment 109 inadvertently affected the jig sector: Because the
regulations do not specify the jig sector seasonal apportionment,
unlike the A and B season apportionments for all other sectors and gear
and operation types in the CGOA and WGOA, it became ambiguous if the
new, overall Pacific cod seasonal apportionments should be applied to
the jig sector. To remove any ambiguity, NMFS is correcting the final
rule to implement Amendment 109 to specify that the CGOA and WGOA
Pacific cod TACs will be seasonally apportioned to the jig sector such
that 60 percent of the TAC is apportioned to the A season and 40
percent of the TAC is apportioned to the B season.
In implementing the final rule for Amendment 109, the North Pacific
Fishery Management Council (Council) and NMFS were clear that they did
not intend for Amendment 109 to affect any sectors other than the trawl
CV sector. In the preambles to both the proposed rule (85 FR 11939,
February 28, 2020) and final rule (85 FR 38093, June 25, 2020) to
implement Amendment 109, NMFS specified that although the overall ratio
of A and B seasonal apportionments of Pacific cod for the trawl CV
sector is changing, the rule does not affect the seasonal
apportionments of Pacific cod to any other sectors. The preambles
further clarified that the seasonal apportionment of Pacific cod
remains unchanged for all other sectors in the CGOA and the WGOA.
In addition, the Council and NMFS have clearly indicated their
intention regarding the jig sector's seasonal apportionment on two
fronts. First, the rulemaking to implement Amendment 83 to the GOA FMP
(76 FR 74670, December 1, 2011) specified that the jig sector seasonal
apportionment would be 60 percent for the A season and 40 percent for
the B season in the CGOA and the WGOA (76 FR 44700, July 26, 2011).
Second, NMFS has implemented the same apportionment in the annual GOA
groundfish harvest specifications since the approval of Amendment 83.
However, the regulatory text at Sec. 679.20(a)(12)(i) does not specify
the jig sector seasonal apportionment (like the A and B season
apportionments are for all other sectors and gear and operation types
in the CGOA and WGOA).
In order to clarify the seasonal apportionment to the jig sector
for Pacific cod in the WGOA and CGOA, the final rule for Amendment 109
will be revised to expressly state the A and B season apportionments of
Pacific cod to the jig sector. As revised, the regulations now will
provide that a portion of the annual Pacific cod TAC, pursuant to Sec.
679.20(a)(12)(i)(A) and (B), will be allocated to vessels with a
Federal Fishing Permit that use jig gear, before TAC is apportioned
among other non-jig sectors. This portion of the CGOA and WGOA Pacific
cod TACs will be seasonally apportioned to the jig sector such that 60
percent of the TAC is apportioned to the A season and 40 percent of the
TAC is apportioned to the B season, as specified in Sec. 679.23(d)(3).
Once the TAC for Pacific cod is apportioned to the jig sector, the
remainder of the WGOA and CGOA Pacific cod TACs will be seasonally
apportioned among the non-jig sectors such that 63.84 percent of the
WGOA TAC is apportioned to the A season and 36.16 percent of the WGOA
TAC is apportioned to the B season, and 64.16 percent of the CGOA TAC
is apportioned to the A season and 35.84 percent of the CGOA TAC is
apportioned to the B season, as specified in Sec. 679.23(d)(3). This
correction makes these clarifications in Sec. 679.20(a)(12)(i).
This correction to the final rule to implement Amendment 109 will
ensure that the new seasonal allocations of Pacific cod are available
at the start of the fishing year. The purposes of Amendment 109 are to
allow the fisheries to more fully harvest the Pacific cod and pollock
TACs in the WGOA and CGOA, increase management flexibility, and,
potentially, decrease the prohibited species catch, while not
redistributing fishing opportunities between management areas or
harvest sectors.
Correction
Effective January 1, 2021, in rule document 2020-12453 at 85 FR
38093 in the issue of June 25, 2020, on page 38100, in the third
column, in amendatory instruction 2, paragraph (a)(12)(i) introductory
text is corrected to read as follows:
Sec. 679.20 [Corrected]
* * * * *
(a) * * *
(12) * * *
(i) Seasonal allowances by sector. The Western and Central GOA
Pacific cod TACs will be seasonally apportioned to the jig sector such
that 60 percent of the TAC is apportioned to the A season and
[[Page 79141]]
40 percent of the TAC is apportioned to the B season, as specified in
Sec. 679.23(d)(3), before TAC is apportioned among other non-jig
sectors. The Western and Central GOA Pacific cod TACs will be
seasonally apportioned among the non-jig sectors such that 63.84
percent of the Western GOA TAC is apportioned to the A season and 36.16
percent of the Western GOA TAC is apportioned to the B season, and
64.16 percent of the Central GOA TAC is apportioned to the A season and
35.84 percent of the Central GOA TAC is apportioned to the B season, as
specified in Sec. 679.23(d)(3).
* * * * *
Dated: December 2, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-26954 Filed 12-8-20; 8:45 am]
BILLING CODE 3510-22-P
