Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 14013-14014 [2021-05124]
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Monkfish Fishery Management Plan,
other provisions of the MagnusonStevens Act, and other applicable law.
This rule is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), we
find good cause to waive prior public
notice and opportunity for public
comment on the catch limit and
allocation adjustments because allowing
time for notice and comment is
unnecessary. The Framework 12
proposed rule provided the public with
the opportunity to comment on the
2020–2022 specifications (85 FR 39157,
June 30, 2020). No comments were
received on the proposed rule. Thus, the
proposed and final rules that contained
the projected 2020–2022 specifications
provided a full opportunity for the
public to comment on the substance and
process of this action. Furthermore, no
circumstances or conditions have
changed in the monkfish fishery that
would cause new concern or necessitate
reopening the comment period. Finally,
the final 2021 specifications being
implemented by this rule are unchanged
from those projected in the Framework
12 final rule.
The Chief Counsel for Regulation,
Department of Commerce, previously
certified to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA) that the 2020–
2022 monkfish specifications would not
have a significant economic impact on
a substantial number of small entities.
Implementing status quo specifications
for 2021 will not change the conclusions
drawn in that previous certification to
the SBA. Because advance notice and
the opportunity for public comment are
not required for this action under the
Administrative Procedure Act, or any
other law, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., do not apply to this rule.
Therefore, no new regulatory flexibility
analysis is required and none has been
prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–05123 Filed 3–11–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210217–0022]
RTID 0648–XA821
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS is reallocating the
projected unused amounts of the
Community Development Quota (CDQ)
pollock directed fishing allowance
(DFA) from the Aleutian Islands subarea
to the Bering Sea subarea. This action is
necessary to provide opportunity for
harvest of the 2021 total allowable catch
of pollock, consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(BSAI).
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 12, 2021, until the
effective date of the final 2021 and 2022
harvest specifications for BSAI
groundfish, unless otherwise modified
or superseded through publication of a
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Kurt
Iverson, 907–586–7210.
SUMMARY:
NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
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 (Council)
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In the Aleutian Islands subarea, the
portion of the 2021 pollock total
allowable catch (TAC) allocated to the
CDQ DFA is 1,900 metric tons (mt) as
established by the final 2021 and 2022
harvest specifications for groundfish in
the BSAI (86 FR 11449, February 25,
2021).
As of January 19, 2021, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 1,900 mt of pollock
CDQ DFA in the Aleutian Islands
subarea will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 1,900 mt of pollock CDQ
DFA from the Aleutian Islands subarea
to the Bering Sea subarea. The 1,900 mt
of pollock 2021 Aleutians Islands CDQ
DFA is added to the 2021 Bering Sea
CDQ DFA. The 2021 Bering Sea subarea
pollock incidental catch allowance
remains at 49,500 mt. As a result, the
2021 harvest specifications for pollock
in the Aleutian Islands subarea included
in the final 2021 and 2022 harvest
specifications for groundfish in the
BSAI (86 FR 11449, February 25, 2021)
are revised as follows: 0 mt to CDQ
DFA. Furthermore, pursuant to
§ 679.20(a)(5), Table 4 of the final 2021
and 2022 harvest specifications for
groundfish in the BSAI (86 FR 11449,
February 25, 2021) is revised to make
2021 pollock allocations consistent with
this reallocation. This reallocation
results in an adjustment to the 2021
CDQ pollock allocation established at
§ 679.20(a)(5).
SUPPLEMENTARY INFORMATION:
TABLE 4—FINAL 2021 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2021 A season 1
2021
allocations
Area and sector
Bering Sea subarea TAC 1 ......................................................................
CDQ DFA .................................................................................................
ICA 1 .........................................................................................................
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1,376,900
139,400
49,500
Sfmt 4700
A season DFA
SCA harvest
limit 2
n/a
62,730
n/a
E:\FR\FM\12MRR1.SGM
2021 B season 1
12MRR1
n/a
39,032
n/a
B season DFA
n/a
76,670
n/a
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
TABLE 4—FINAL 2021 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2021 A season 1
Area and sector
Total Bering Sea non-CDQ DFA .............................................................
AFA Inshore .............................................................................................
AFA Catcher/Processors 3 .......................................................................
Catch by CPs ...................................................................................
Catch by CVs 3 .................................................................................
Unlisted CP Limit 4 ............................................................................
AFA Motherships .....................................................................................
Excessive Harvesting Limit 5 ....................................................................
Excessive Processing Limit 6 ...................................................................
Aleutian Islands subarea ABC .................................................................
Aleutian Islands subarea TAC 1 ...............................................................
CDQ DFA .................................................................................................
ICA ...........................................................................................................
Aleut Corporation .....................................................................................
Area harvest limit 7 ...................................................................................
541 ....................................................................................................
542 ....................................................................................................
543 ....................................................................................................
Bogoslof District ICA 8 ..............................................................................
2021
allocations
A season DFA
1,188,000
594,000
475,200
434,808
40,392
2,376
118,800
207,900
356,400
58,384
19,000
............................
2,400
14,700
n/a
18,515
8,758
2,919
250
534,600
267,300
213,840
195,664
18,176
1,069
53,460
n/a
n/a
n/a
n/a
........................
1,250
14,700
n/a
n/a
n/a
n/a
n/a
SCA harvest
limit 2
332,640
166,320
133,056
n/a
n/a
n/a
33,264
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
2021 B season 1
B season DFA
653,400
326,700
261,360
239,144
22,216
1,307
65,340
n/a
n/a
n/a
n/a
............................
1,250
............................
n/a
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4 percent), is
allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In
the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the
B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian Islands pollock TAC, after subtracting
first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the
Aleutian Islands subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
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 reallocation of
Aleutian Islands pollock. Since the
pollock fishery opened January 20,
2021, it is important to immediately
inform the industry as to the Bering Sea
subarea pollock CDQ DFA. Immediate
notification is necessary to allow for the
orderly conduct and efficient operation
VerDate Sep<11>2014
19:32 Mar 11, 2021
Jkt 253001
of this fishery; allow the industry to
plan for the fishing season and avoid
potential disruption to the fishing fleet
as well as processors; and provide
opportunity to harvest increased
seasonal pollock allocations while value
is optimum. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of February 25, 2021.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–05124 Filed 3–11–21; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210210–0018; RTID 0648–
XA781]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Greater Than or Equal
to 50 Feet (15.2 Meters) Length Overall
Using Hook-and-Line Gear in the
Central Regulatory Area of the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
E:\FR\FM\12MRR1.SGM
12MRR1
]]>Agencies
[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 14013-14014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05124]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 210217-0022]
RTID 0648-XA821
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pollock in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amounts of the
Community Development Quota (CDQ) pollock directed fishing allowance
(DFA) from the Aleutian Islands subarea to the Bering Sea subarea. This
action is necessary to provide opportunity for harvest of the 2021
total allowable catch of pollock, consistent with the goals and
objectives of the Fishery Management Plan for Groundfish of the Bering
Sea and Aleutian Islands Management Area (BSAI).
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 12, 2021,
until the effective date of the final 2021 and 2022 harvest
specifications for BSAI groundfish, unless otherwise modified or
superseded through publication of a notification in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Kurt Iverson, 907-586-7210.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone 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
(Council) under authority of the Magnuson-Stevens Fishery Conservation
and Management Act. Regulations governing fishing by U.S. vessels in
accordance with the FMP appear at subpart H of 50 CFR part 600 and 50
CFR part 679.
In the Aleutian Islands subarea, the portion of the 2021 pollock
total allowable catch (TAC) allocated to the CDQ DFA is 1,900 metric
tons (mt) as established by the final 2021 and 2022 harvest
specifications for groundfish in the BSAI (86 FR 11449, February 25,
2021).
As of January 19, 2021, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that 1,900 mt of pollock CDQ
DFA in the Aleutian Islands subarea will not be harvested. Therefore,
in accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates
1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the
Bering Sea subarea. The 1,900 mt of pollock 2021 Aleutians Islands CDQ
DFA is added to the 2021 Bering Sea CDQ DFA. The 2021 Bering Sea
subarea pollock incidental catch allowance remains at 49,500 mt. As a
result, the 2021 harvest specifications for pollock in the Aleutian
Islands subarea included in the final 2021 and 2022 harvest
specifications for groundfish in the BSAI (86 FR 11449, February 25,
2021) are revised as follows: 0 mt to CDQ DFA. Furthermore, pursuant to
Sec. 679.20(a)(5), Table 4 of the final 2021 and 2022 harvest
specifications for groundfish in the BSAI (86 FR 11449, February 25,
2021) is revised to make 2021 pollock allocations consistent with this
reallocation. This reallocation results in an adjustment to the 2021
CDQ pollock allocation established at Sec. 679.20(a)(5).
Table 4--Final 2021 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2021 A season \1\ 2021 B season
-------------------------------- \1\
Area and sector 2021 allocations SCA harvest -----------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\.................. 1,376,900 n/a n/a n/a
CDQ DFA..................................... 139,400 62,730 39,032 76,670
ICA \1\..................................... 49,500 n/a n/a n/a
[[Page 14014]]
Total Bering Sea non-CDQ DFA................ 1,188,000 534,600 332,640 653,400
AFA Inshore................................. 594,000 267,300 166,320 326,700
AFA Catcher/Processors \3\.................. 475,200 213,840 133,056 261,360
Catch by CPs............................ 434,808 195,664 n/a 239,144
Catch by CVs \3\........................ 40,392 18,176 n/a 22,216
Unlisted CP Limit \4\................... 2,376 1,069 n/a 1,307
AFA Motherships............................. 118,800 53,460 33,264 65,340
Excessive Harvesting Limit \5\.............. 207,900 n/a n/a n/a
Excessive Processing Limit \6\.............. 356,400 n/a n/a n/a
Aleutian Islands subarea ABC................ 58,384 n/a n/a n/a
Aleutian Islands subarea TAC \1\............ 19,000 n/a n/a n/a
CDQ DFA..................................... ................ .............. n/a ................
ICA......................................... 2,400 1,250 n/a 1,250
Aleut Corporation........................... 14,700 14,700 n/a ................
Area harvest limit \7\...................... n/a n/a n/a n/a
541..................................... 18,515 n/a n/a n/a
542..................................... 8,758 n/a n/a n/a
543..................................... 2,919 n/a n/a n/a
Bogoslof District ICA \8\................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (4 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of
the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian
Islands pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the AI pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
CP sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
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 reallocation of Aleutian
Islands pollock. Since the pollock fishery opened January 20, 2021, it
is important to immediately inform the industry as to the Bering Sea
subarea pollock CDQ DFA. Immediate notification is necessary to allow
for the orderly conduct and efficient operation of this fishery; allow
the industry to plan for the fishing season and avoid potential
disruption to the fishing fleet as well as processors; and provide
opportunity to harvest increased seasonal pollock allocations while
value is optimum. NMFS was unable to publish a notice providing time
for public comment because the most recent, relevant data only became
available as of February 25, 2021.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-05124 Filed 3-11-21; 8:45 am]
BILLING CODE 3510-22-P
