Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish Managed Under the Individual Fishing Quota Program, 13493 [2021-04840]

Download as PDF Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations not been issued an Atlantic Shark LAP, HMS Angling permit, or HMS Charter/ Headboat permit pursuant to § 635.4. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway and any delay in this action would result in overharvest of the quotas for these species and management groups and thus would be inconsistent with fishery management requirements and objectives. The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of availability on the fishing grounds, the migratory nature of the species, and regional variations. NMFS is not able to give notice sooner nor would sooner notice be practicable given the structure of the regulations, which close the fisheries under specified regulatory criteria or thresholds. Furthermore, closures need to be based on near real-time data to balance fishing opportunities against the management goal of preventing quota overharvests. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if a quota is exceeded, the stock may be negatively affected and fishermen ultimately could experience reductions in the available quota and a lack of fishing opportunities in future seasons. For these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553(d)(3). This action is required under § 635.28(b)(3) and § 635.28(b)(4) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 4, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–04876 Filed 3–4–21; 4:15 pm] khammond on DSKJM1Z7X2PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 16:19 Mar 08, 2021 Jkt 253001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 210210–0018 and 210217–0141] RTID 0648–XA883 Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish Managed Under the Individual Fishing Quota Program National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; opening. AGENCY: NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program and the Community Development Quota (CDQ) Program. The season will open 1200 hours, Alaska local time (A.l.t.), March 6, 2021, and will close 1200 hours, A.l.t., December 7, 2021. This period is the same as the 2021 commercial halibut fishery opening dates adopted by the International Pacific Halibut Commission. The IFQ and CDQ halibut season is specified by a separate publication in the Federal Register of annual management measures. DATES: Effective 1200 hours, A.l.t., March 6, 2021, until 1200 hours, A.l.t., December 7, 2021. FOR FURTHER INFORMATION CONTACT: Allyson Olds, 907–586–7228. SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific halibut and sablefish with fixed gear in the IFQ regulatory areas defined in 50 CFR 679.2 has been managed under the IFQ Program. The IFQ Program is a regulatory regime designed to promote the conservation and management of these fisheries and to further the objectives of the Magnuson-Stevens Fishery Conservation and Management Act and the Northern Pacific Halibut Act. Persons holding quota share receive an annual allocation of IFQ. Persons receiving an annual allocation of IFQ are authorized to harvest IFQ species within specified limitations. Further information on the implementation of the IFQ Program, and the rationale supporting it, are contained in the preamble to the final rule implementing SUMMARY: PO 00000 Frm 00051 Fmt 4700 Sfmt 9990 13493 the IFQ Program published in the Federal Register, November 9, 1993 (58 FR 59375) and subsequent amendments. This announcement is consistent with § 679.23(g)(1), which requires that the directed fishing season for sablefish managed under the IFQ Program be specified by the Administrator, Alaska Region, and announced by publication in the Federal Register. This method of season announcement was selected to facilitate coordination between the sablefish season, chosen by the Administrator, Alaska Region, and the halibut season, adopted by the International Pacific Halibut Commission (IPHC). The directed fishing season for sablefish with fixed gear managed under the IFQ Program will open 1200 hours, A.l.t., March 6, 2021, and will close 1200 hours, A.l.t., December 7, 2021. This period runs concurrently with the IFQ season for Pacific halibut announced by the IPHC. The IFQ and CDQ halibut season will be specified by a separate publication in the Federal Register of annual management measures pursuant to 50 CFR 300.62. 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 delay the opening of the sablefish fishery thereby increasing bycatch and regulatory discards between the sablefish fishery and the halibut fishery, and preventing the accomplishment of the management objective for simultaneous opening of these two fisheries. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 3, 2021. Authority: 16 U.S.C. 1801 et seq. Dated: March 4, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–04840 Filed 3–4–21; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\09MRR1.SGM 09MRR1

Agencies

[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Rules and Regulations]
[Page 13493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04840]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210210-0018 and 210217-0141]
RTID 0648-XA883


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 
Managed Under the Individual Fishing Quota Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; opening.

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SUMMARY: NMFS is opening directed fishing for sablefish with fixed gear 
managed under the Individual Fishing Quota (IFQ) Program and the 
Community Development Quota (CDQ) Program. The season will open 1200 
hours, Alaska local time (A.l.t.), March 6, 2021, and will close 1200 
hours, A.l.t., December 7, 2021. This period is the same as the 2021 
commercial halibut fishery opening dates adopted by the International 
Pacific Halibut Commission. The IFQ and CDQ halibut season is specified 
by a separate publication in the Federal Register of annual management 
measures.

DATES: Effective 1200 hours, A.l.t., March 6, 2021, until 1200 hours, 
A.l.t., December 7, 2021.

FOR FURTHER INFORMATION CONTACT: Allyson Olds, 907-586-7228.

SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific 
halibut and sablefish with fixed gear in the IFQ regulatory areas 
defined in 50 CFR 679.2 has been managed under the IFQ Program. The IFQ 
Program is a regulatory regime designed to promote the conservation and 
management of these fisheries and to further the objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act and the 
Northern Pacific Halibut Act. Persons holding quota share receive an 
annual allocation of IFQ. Persons receiving an annual allocation of IFQ 
are authorized to harvest IFQ species within specified limitations. 
Further information on the implementation of the IFQ Program, and the 
rationale supporting it, are contained in the preamble to the final 
rule implementing the IFQ Program published in the Federal Register, 
November 9, 1993 (58 FR 59375) and subsequent amendments.
    This announcement is consistent with Sec.  679.23(g)(1), which 
requires that the directed fishing season for sablefish managed under 
the IFQ Program be specified by the Administrator, Alaska Region, and 
announced by publication in the Federal Register. This method of season 
announcement was selected to facilitate coordination between the 
sablefish season, chosen by the Administrator, Alaska Region, and the 
halibut season, adopted by the International Pacific Halibut Commission 
(IPHC). The directed fishing season for sablefish with fixed gear 
managed under the IFQ Program will open 1200 hours, A.l.t., March 6, 
2021, and will close 1200 hours, A.l.t., December 7, 2021. This period 
runs concurrently with the IFQ season for Pacific halibut announced by 
the IPHC. The IFQ and CDQ halibut season will be specified by a 
separate publication in the Federal Register of annual management 
measures pursuant to 50 CFR 300.62.

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 delay the opening of the sablefish fishery thereby 
increasing bycatch and regulatory discards between the sablefish 
fishery and the halibut fishery, and preventing the accomplishment of 
the management objective for simultaneous opening of these two 
fisheries. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of March 3, 2021.

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

    Dated: March 4, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-04840 Filed 3-4-21; 4:15 pm]
BILLING CODE 3510-22-P
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