Fisheries of the Exclusive Economic Zone Off Alaska; Central Gulf of Alaska Rockfish Program; Modify Season Start Date, 14851-14855 [2021-05685]
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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket Nos. 17–264, 17–105, 05–6; FCC
20–65, FRS 17553]
Filing of Applications; Modernization
of Media Regulation Initiative; Revision
of the Public Notice Requirements;
Correction
Federal Communications
Commission.
ACTION: Correcting amendment.
AGENCY:
On June 18, 2020, the Federal
Communications Commission revised
Commission rules. That document
incorrectly listed a cross-reference. This
document corrects the final regulations.
DATES: Effective March 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418–2721;
Thomas Nessinger, Senior Counsel,
Media Bureau, Audio Division, (202)
418–2709.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Erratum,
FCC 20–65, published June 18, 2020 (85
FR 36786). This is the first set of
corrections.
Because this change is editorial and
non-substantive, we find good cause to
conclude that notice and comment are
unnecessary for its adoption. Because
this rule change does not require notice
and comment, the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., does not apply.
See id. section 601(2).
This Erratum does not contain new or
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198; see 44 U.S.C.
3506(c)(4).
The Commission has determined, and
the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that this rule is ‘‘non-major’’
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of the Order to Congress
and the Government Accountability
Office pursuant to 5 U.S.C. 801(a)(1)(A).
Accordingly, it is ordered that,
effective on the date of publication of
this Erratum in the Federal Register, 47
CFR 73.3580(e)(2) of the rules is
amended, as set forth herein, pursuant
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SUMMARY:
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to the authority contained in sections
4(i) and 303(r) of the Communications
Act of 1934, as amended, 47 U.S.C.
154(i), 303(r), and in sections
553(b)(3)(B) and 553(d)(3) of the
Administrative Procedure Act, 5 U.S.C
553(b)(3)(B), 553(d)(3).
Federal Communications Commission.
Marlene Dortch,
Secretary.
List of Subjects in 47 CFR Part 73
Cable television, Civil defense,
Communications equipment, Defense
communications, Education, Equal
employment opportunity, Foreign
relations, Mexico, Political candidates,
Radio, Reporting and recordkeeping
requirements, Satellites, Television.
Accordingly, 47 CFR part 73 is
corrected by making the following
correcting amendments:
DEPARTMENT OF COMMERCE
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. Amend § 73.3580 by revising
paragraph (e)(2) to read as follows:
■
§ 73.3580 Local public notice of filing of
broadcast applications.
*
*
*
*
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(e) * * *
(2) An applicant for renewal of a
license that is required to maintain an
online public inspection file shall,
within seven (7) days of the last day of
broadcast of the required on-air
announcements, place in its online
public inspection file a statement
certifying compliance with this section,
along with the dates and times that the
on-air announcements were broadcast.
An applicant for renewal of a license
that is required to maintain an online
public inspection file, and that is not
broadcasting during all or a portion of
the period during which on-air
announcements are required to be
broadcast, as set forth in paragraph
(b)(1)(vi) of this section, shall, within
seven (7) days of the last on-air
announcement or last day of posting
online notice, whichever occurs last,
place in its online public inspection file
a statement certifying compliance with
this section, along with the dates and
times that any on-air announcements
were broadcast, along with the dates
and times that online notice was posted
and the Universal Resource Locator
(URL) of the internet website on which
online notice was posted. This
certification need not be filed with the
Commission but shall be retained in the
online public inspection file for as long
as the application to which it refers.
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[FR Doc. 2021–05434 Filed 3–18–21; 8:45 am]
BILLING CODE 6712–01–P
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210315–0057]
RIN 0648–BK38
Fisheries of the Exclusive Economic
Zone Off Alaska; Central Gulf of Alaska
Rockfish Program; Modify Season
Start Date
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action.
AGENCY:
NMFS issues an emergency
rule to modify the fishing season start
date for fishing vessels participating in
a rockfish cooperative as part of the
Central Gulf of Alaska Rockfish Program
(Rockfish Program) for the 2021 fishing
year. This emergency rule is intended to
provide flexibility to Rockfish Program
participants by moving the fishing
season start date from May 1, 2021 to
April 1, 2021. This emergency rule does
not modify other provisions of the
Rockfish Program. This emergency rule
is intended to promote the goals and
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the
Fishery Management Plan for
Groundfish of the Gulf of Alaska
Management Area (GOA FMP) and other
applicable laws.
DATES: Effective March 19, 2021 through
September 15, 2021.
ADDRESSES: Electronic copies of the
Regulatory Impact Review (referred to as
the ‘‘Analysis’’) and the Categorical
Exclusion prepared for this emergency
rule may be obtained from https://
www.regulations.gov identified by
Docket ID NOAA–NMFS–2021–0021 or
from the NMFS Alaska Region website
at https://www.fisheries.noaa.gov/
region/alaska.
FOR FURTHER INFORMATION CONTACT:
Jennifer Watson, 907–586–7228.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority for Action
NMFS manages U.S. groundfish
fisheries of the GOA under the GOA
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FMP. The North Pacific Fishery
Management Council (Council)
prepared, and the Secretary of
Commerce (Secretary) approved, the
GOA FMP under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801
et seq. Regulations governing U.S.
fisheries and implementing the GOA
FMP appear at 50 CFR parts 600 and
679. The Rockfish Program is
implemented by the GOA FMP and
regulations at 50 CFR parts 600 and 679.
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Background
On January 29, 2021, the Council
received a request from Rockfish
Program participants to consider
emergency action under section 305(c)
of the Magnuson-Stevens Act to modify
the fishing season start date for the
Rockfish Program in 2021. On February
10, 2021, the Council recommended that
NMFS implement an emergency rule to
modify the fishing season start date for
fishing vessels participating in a
rockfish cooperative as part of the
Rockfish Program from May 1, 2021 to
April 1, 2021 to address the negative
economic and social impacts on
harvesters and processors participating
in the Rockfish Program and the
community of Kodiak, Alaska due to the
Coronavirus (COVID–19) pandemic.
The following sections describe the
Rockfish Program, the existing dates of
the fishing season, the emergency rule,
and justification for emergency action.
The Rockfish Program
This section provides a brief overview
of the Rockfish Program and additional
detail is available in Section 2 of the
Analysis (see ADDRESSES).
The Rockfish Program is a limited
access privilege program (LAPP)
developed to enhance resource
conservation and improve economic
efficiency in the Central Gulf of Alaska
(CGOA) rockfish fisheries. The Rockfish
Program was implemented by
Amendment 88 to the GOA FMP (76 FR
81247, December 27, 2011), and
reauthorized under Amendment 111 to
the GOA FMP on March 31, 2020 (86 FR
11895, March 1, 2021). For more
information about the background and
history of this program, see the
preamble to the final rule for
Amendment 111 (86 FR 11895, March 1,
2021).
Generally, the Rockfish Program (1)
assigns quota share (QS) and
cooperative quota (CQ) to participants
for primary and secondary species, (2)
allows a participant holding an license
limitation program (LLP) license with
rockfish QS to form a rockfish
cooperative with other persons, (3)
allows holders of catcher/processor LLP
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licenses to opt-out of rockfish
cooperatives for a given year, (4)
establishes a limited access fishery for
participants who do not participate in a
fishery cooperative for a given year, (5)
includes an entry level longline fishery
for persons who do not hold rockfish
QS, (6) establishes constraints,
commonly known as sideboard limits,
for other non-Rockfish Program fisheries
that apply to vessels and LLP licenses
eligible to participate in the Rockfish
Program, and (7) includes monitoring
and enforcement provisions.
As summarized in Sections 2 and 4.2
of the Analysis (see ADDRESSES), one of
the overall goals of the Rockfish
Program is to provide greater security to
harvesters through the formation of
rockfish cooperatives. Fishing under
cooperative management resulted in a
slower-paced fishery that allows a
harvester to choose when to fish. The
Rockfish Program also provided greater
stability for processors by spreading out
production over a longer period.
Overall, the Rockfish Program provides
greater benefits to shoreside processors,
catcher/processors, CGOA fishermen,
and communities than were realized
under the previous LLP management
scheme.
Amendment 111 to the FMP and the
implementing final rule (86 FR 11895,
March 1, 2021) reauthorized the
Rockfish Program, removed the Rockfish
Program sunset date of December 31,
2021 and addressed a variety of
administrative and management issues
associated with the existing Rockfish
Program. For more detail on the changes
made by Amendment 111 to the FMP,
see the preambles to the proposed rule
(85 FR 55243, September 4, 2020) and
final rule (86 FR 11895, March 1, 2021).
Rockfish Program Fishing Season Dates
Fishing by cooperative participants,
specifically fishing vessels, under the
Rockfish Program is currently
authorized from 1200 hours, A.l.t., May
1 through 1200 hours, A.l.t., November
15 each year. With implementation of
the Rockfish Program, the Central GOA
rockfish fishery has changed from an
approximate 3-week race to fish starting
at the beginning of July, to a fishery that
primarily occurs in May and June, with
smaller harvest amounts occurring until
November. Prior to the implementation
of the Rockfish Program, the Gulf of
Alaska rockfish fisheries opened on July
1 for fishing vessels using trawl gear.
As summarized in Section 3 of the
Analysis (see ADDRESSES), the Rockfish
Program was developed to slow the race
for fish, minimize bycatch and
associated mortalities, provide for
improved conservation of habitat, and
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address the social and economic
concerns that have arisen under the
original management system. The longer
fishing season established under the
Rockfish Program provides participants
access to markets (including a possible
fresh market) that were historically
impossible to access because of the
short duration and timing of the
previous open access fishing season. In
addition, by slowing the race for fish,
Rockfish Program participants could
focus on improving the quality of their
landings, increasing fishery value and
reducing overall Prohibited Species
Catch (PSC).
The lengthened fishing season under
the Rockfish Program, enables
cooperative members to consolidate
their rockfish allocations and realize
operational efficiencies.
As summarized in Section 3.6 of the
Analysis, the start and end dates for the
current fishing season under the
Rockfish Program were set based on
considerations of bycatch of other
species, rockfish reproduction, and
processor activity. The pre-Rockfish
Program July season start date for the
rockfish trawl fishery was intended to
reduce halibut PSC.
Under the Rockfish Program, an
earlier start date was implemented
because PSC limits are effectively
managed by participating cooperatives.
Bycatch of non-PSC species has been
minimally impacted by the extended
Rockfish Program season. The overall
level of halibut, chinook and chum
salmon PSC in the Rockfish Program
remains low due to the PSC avoidance
measures implemented by cooperative
managers that include various reporting
requirements and bycatch standards that
have been proven to reduce PSC under
the extended season.
In establishing existing Rockfish
Program season start date, the Council
and NMFS considered the timing of
rockfish reproduction. The proposed
April 1 season start date for this
emergency rule is within the range of
season start dates analyzed in the
implementation of Rockfish Program.
Section 3.6 of the Analysis prepared for
this emergency rule notes that
modifying the opening season start date
to April 1 would not create a biological
concern but that the most conservative
management approach would be to
maintain the season start date at May 1
to marginally reduce any potential
fishery impacts on rockfish
reproduction and improve operational
efficiency by staggering the opening of
this fishery relative to other fisheries.
The season closing date of November
15 was selected to allow for fishing
activity to be distributed over the course
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of the year where value could be
maximized and efficiencies improved.
An earlier or later end date was not
given a large amount of consideration as
November 15 corresponds closely with
when processors and plants are
generally closing for the fishing year.
This Emergency Rule and Justification
for Emergency Action
This emergency rule modifies the
season start date from May 1, 2021 to
April 1, 2021 for fishing vessel members
of a cooperative under the Rockfish
Program in the 2021 fishing year. This
emergency rule is intended to provide
flexibility for vessel operators and
shoreside processors that receive
deliveries from harvesters in a
cooperative by establishing a longer
timeframe in which they would be able
to harvest the quota. This emergency
rule adds regulations at
§ 679.80(a)(3)(iii) to modify the season
start date to begin on April 1 at 1200
hours Alaska local time for the 2021
fishing year. This emergency rule
temporarily suspends regulations at
§ 679.80(a)(3)(ii) that authorize fishing
vessels that are members of rockfish
cooperatives to commence fishing on
May 1 at 1200 hours Alaska local time
for the 2021 fishing year. The season
end date of November 15 at 1200 hours
Alaska local time remains unchanged.
This emergency rule does not modify
any other aspect of the Rockfish
Program. Modifying the season start
date to April 1 would only affect the
2021 fishing year. In subsequent years,
the season start date would return to
May 1.
This emergency action does not
impose additional restrictions on the
fishery, but would alleviate limitations
on the fishery. This emergency rule does
not increase the amount of fish available
to harvest, increase the risk of
overharvest, or otherwise modify
conservation measures. This emergency
rule is needed to allow for the complete
and efficient harvest of the rockfish
fishery and to temporarily alleviate
unforeseen economic and social
consequences due to the recent and
unforeseen limitations on the rockfish
fishery. This emergency rule does not
modify existing requirements on the
types of vessels and gear that could be
used, monitoring requirements, record
keeping regulations, or other aspects of
the Rockfish Program.
Section 305(c) of the MagnusonStevens Act authorizes the Secretary to
promulgate regulations to address an
emergency. Under that section, a
Council may request that the Secretary
promulgate emergency regulations.
NMFS’s Policy Guidelines for the Use of
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Emergency Rules require that an
emergency must exist and that NMFS
have an administrative record justifying
emergency regulatory action and
demonstrating compliance with the
Magnuson-Stevens Act and the National
Standards (see NMFS Procedure 01–
101–07 (March 31, 2008) and 62 FR
44421; August 21, 1997). Emergency
rulemaking is intended for
circumstances that are ‘‘extremely
urgent,’’ where ‘‘substantial harm to or
disruption of the . . . fishery . . .
would be caused in the time it would
take to follow standard rulemaking
procedures (62 FR 44421–01).’’
Under NMFS’ Policy Guidelines for
the Use of Emergency Rules, the phrase
‘‘an emergency exists involving any
fishery’’ is defined as a situation that
meets the following three criteria:
1. Results from recent, unforeseen
events or recently discovered
circumstances;
2. Presents serious conservation or
management problems in the fishery;
and
3. Can be addressed through
emergency regulations for which the
immediate benefits outweigh the value
of advance notice, public comment, and
deliberative consideration of the
impacts on participants to the same
extent as would be expected under the
normal rule making process.
The following sections describe why
the Council and NMFS determined that
modifying the season start date to April
1 for the 2021 fishing year meets these
criteria.
Criterion 1—Recent, Unforeseen Events
or Recently Discovered Circumstances
Two recent and recently discovered
circumstances have limited the ability
of vessels to harvest and process
groundfish in the port of Kodiak in
2021. Rockfish Program catcher vessels
and the shoreside processors the vessels
deliver to are located only in the port of
Kodiak. First, beginning in early 2021,
the groundfish fleet operating out of
Kodiak has discovered that there are no
longer economically viable markets for
a variety of flatfish species, including
species such as arrowtooth flounder. For
several decades, these markets have
been essential to harvesters and
processors operating out of Kodiak. This
lack of economically viable markets has
created an unforeseen lack of harvesting
and deliveries to processors operating
out of Kodiak in the month of April. The
U.S. government has recognized the
impact of limited seafood markets and
included flatfish fisheries prosecuted in
Alaska in the Seafood Trade Relief
Program (STRP), which provides
payments to eligible commercial
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14853
fishermen of seafood commodities that
have been impacted by trade actions of
foreign governments resulting in the
loss of exports (85 FR 56572). In
addition to flatfish, Kodiak processors
and harvesters are heavily dependent on
the salmon and rockfish fisheries.
Rockfish landings at Kodiak processors
occur in May and June, after flatfish in
April, and are followed by summer
salmon landings.
Second, COVID–19 outbreaks in
January and February 2021 in three
large processors in the communities of
Akutan and Unalaska, shut down
fishing and processing operations in
those communities for several weeks,
creating widespread disruptions during
the fishing season and broad economic
impacts. Throughout 2020, processing
facilities in Alaska were able to operate
effectively with limited long-term
disruption to processing activities.
While Kodiak processors have not seen
widespread COVID–19 outbreaks, the
mitigation measures there mirrored
those of the three large processors in the
communities of Akutan and Unalaska.
The closure of processing facilities in
Alaska in early 2021 was not anticipated
based on largely successful mitigation of
COVID–19 in 2020. Even with strict
mitigation measures in place, these
outbreaks raise concern of future
outbreaks across processing facilities in
Alaska. Given the continued risk of
COVID–19 transmission and outbreaks,
and lack of widespread vaccinations,
fishery participants anticipate there may
be additional processor shutdowns
throughout 2021.
For Kodiak processors, an earlier start
date for the Rockfish Program will help
alleviate the operational disruption and
economic impact from the lack of a
flatfish market in April and will help
ensure adequate processing capacity to
fully prosecute the rockfish program
fisheries throughout the 2021 fishing
season. Due to these limitations, and the
recent, unforeseen circumstances, an
emergency action is required to move
the start date of the 2021 Rockfish
Program fishery to April 1.
Criterion 2—Presents Serious
Conservation or Management Problems
in the Fishery
Recent, unforeseen, and ongoing
COVID–19 outbreaks in processing
plants across Alaska present serious
management problems in the Rockfish
Program. If the season start is not moved
to April 1, 2021, there is a risk that the
rockfish season may conflict with the
summer salmon fisheries, causing
seafood businesses to choose between
one revenue source or another,
particularly if a COVID outbreak occurs
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in Kodiak and reduces processing
capacity for several weeks. This
presents a serious management problem
for the fishery.
Additionally, moving the season start
date to April 1, 2021 will help
processors continue to employ
fishermen and plant personnel
throughout April, a month that is
typically busy with flatfish but will
have an anticipated gap in 2021 due to
the lack of a flatfish market. By
permitting fishing and processing
operations through the month of April,
this emergency rule would result in a
decrease in travel to and from the port
of Kodiak, Alaska, thereby reducing the
health risks to essential seafood workers
and residents.
Criterion 3—Can Be Addressed Through
Emergency Rulemaking for Which the
Immediate Benefits Outweigh the Value
of Notice and Comment Rulemaking
NMFS and the Council have
determined that the emergency situation
created by the lack of a flatfish market
and the continued risk of COVID–19
outbreaks across processing and fishing
operations can be addressed by
emergency regulations. Opening the
rockfish season one month earlier does
not create conservation and
management concerns because the
earlier start date was analyzed during
the development of the Rockfish
Program and is consistent with the
overall goals of the Rockfish Program to
provide additional harvest flexibility to
cooperative participants.
To address the emergency in a timely
manner, NMFS must implement an
emergency rule that waives the noticeand-comment rulemaking period. The
benefits of waiving notice-and-comment
rulemaking will serve the industry and
public by allowing an additional month
for fishery participants to harvest
rockfish. Any delay that results in
implementing this rulemaking may
impact the ability for the fishery to start
earlier. Section 4 of the Analysis (see
ADDRESSES) describes the potential
additional harvest opportunities for the
rockfish participants in greater detail.
Without the waiver of notice-andcomment rulemaking, the Rockfish
Program cooperative participants will
not have sufficient time for operational
planning before the requested April 1,
2021 season opening date. Without
sufficient notice of the season opening
date, fish processors participating in the
Rockfish Program may not have enough
time to staff their facilities and
coordinate fishing activities for an
earlier season.
The Council could not recommend
and NMFS could not implement an
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earlier season start date through the
conventional notice-and-comment
rulemaking process before the regular
2021 Rockfish Program begins on May 1.
Typically, the process of Council
analysis and rulemaking takes at least
one-year to implement. In this case,
NMFS received the request for
regulatory change on February 10, 2021,
and the next regularly scheduled
Council meeting begins April 5, 2021.
Given that the Rockfish Program starts
on May 1, 2021, this rule starts the
season a month earlier, and the time
required for Council action and noticeand-comment rulemaking, this process
could not be accomplished before the
earlier start date of April 1, 2021.
As discussed further below,
emergency-based fishery regulations
that waive prior notice and comment
and a 30-day delay in effectiveness
period must be consistent with the
requirements of the Administrative
Procedure Act (APA).
Classification
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) of the
APA to waive prior notice and the
opportunity for public comment
because it would be impracticable and
contrary to the public interest. The
benefits of waiving notice-and-comment
rulemaking will serve the industry and
public by allowing an additional month
for fishery participants to harvest
rockfish. Any delay that results in
implementing this rulemaking may
impact the ability for the fishery to start
earlier. This emergency rule would
modify the season start date for
members of a rockfish cooperative as
part of the Central Gulf of Alaska
Rockfish Program (Rockfish Program)
for the 2021 fishing year. This
emergency rule is intended to provide
flexibility to Rockfish Program
participants by moving the season start
date from May 1, 2021 to April 1, 2021.
This emergency rule does not modify
other provisions of the Rockfish
Program.
This emergency rule is in response to
the recent and unforeseen impacts that
have prompted a limited shoreside
market for flatfish as a result of the
unforeseen lack of economically viable
groundfish markets and the continued
impacts of the COVID–19 pandemic and
associated health concerns on the
members of rockfish cooperatives. The
lack of the flatfish market, comprising
species such as arrowtooth flounder,
have created a processing gap for the
month of April in Kodiak. Modifying
the season start to one month earlier
will provide additional flexibility to
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Rockfish Program participants to
mitigate negative economic and social
impacts to harvesters and processors
and the community of Kodiak, Alaska.
Without the increased flexibility of an
earlier season start date, if a COVID
outbreak occurs resulting in the
reduction of processing capacity for
several weeks, the rockfish season may
conflict with the summer salmon
fisheries, causing harvesters and
processors to choose between revenue
sources. It is likely that a significant
portion of the harvest could be forgone.
The associated loss in harvesting and
processing revenues would likely
impact the harvesters, crew, and
communities that are active in the
Rockfish Program.
Industry participants notified the
Council and NMFS on January 29, 2021,
of the continued safety and health
concerns of the ongoing pandemic and
seafood tariffs may impact Rockfish
Program participants for the 2021
fishing year. The Council and NMFS
had no way of foreseeing the impact on
fishery operations.
Finally, the time required for noticeand-comment rulemaking would not
provide relief from the forgone harvests
because it would not provide sufficient
time before the proposed season start
date. The Rockfish Program season start
date is May 1 and there is not enough
time to follow the standard rulemaking
process prescribed by the MagnusonStevens Act and required by the APA.
NMFS has no other way than this
emergency rule to amend the season
start date in time to restore forgone
fishing opportunities for 2021. Allowing
for a longer time to harvest rockfish
quota will provide immediate social and
economic benefits that outweigh the
value of the deliberative notice-andcomment rulemaking process.
Similarly, for the reasons above that
support the need to implement this
emergency rule in a timely manner, the
Assistant Administrator for Fisheries
finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness provision of the APA and
make the emergency rule effective
immediately upon publication in the
Federal Register. As stated above,
NMFS anticipates that this emergency
rule will allow for additional flexibility
to Rockfish Program participants to
harvest and process the quota over a
longer timeframe and should prevent
prolonged economic losses from the
potential forgone harvests.
This action is being taken pursuant to
the emergency provision of the
Magnuson-Stevens Act and is exempt
from Office of Management and Budget
(OMB) review.
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This emergency rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is not
subject to the requirement to provide
prior notice and opportunity for public
comment pursuant to 5 U.S.C. 553 or
any other law. Accordingly, no
regulatory flexibility analysis is required
and none has been prepared.
Dated: March 15, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Collection-of-Information Requirements
This emergency rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
jbell on DSKJLSW7X2PROD with RULES
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
VerDate Sep<11>2014
16:22 Mar 18, 2021
Jkt 253001
For the reasons set out in the
preamble, 50 CFR part 679 is amended
as follows:
1. The authority citation for 50 CFR
part 679 continues to read as follows:
■
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
111–281.
PO 00000
Frm 00049
Fmt 4700
Sfmt 9990
14855
2. In § 679.80, stay paragraph (a)(3)(ii)
and add paragraph (a)(3)(iii) to read as
follows:
■
§ 679.80 Allocation and transfer of
rockfish QS.
*
*
*
*
*
(a) * * *
(3) * * *
(iii) Rockfish cooperative. Fishing by
vessels participating in a rockfish
cooperative is authorized from 1200
hours, A.l.t., April 1, 2021 through 1200
hours, A.l.t., November 15, 2021.
*
*
*
*
*
[FR Doc. 2021–05685 Filed 3–16–21; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\19MRR1.SGM
19MRR1
]]>Agencies
[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Rules and Regulations]
[Pages 14851-14855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05685]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 210315-0057]
RIN 0648-BK38
Fisheries of the Exclusive Economic Zone Off Alaska; Central Gulf
of Alaska Rockfish Program; Modify Season Start Date
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action.
-----------------------------------------------------------------------
SUMMARY: NMFS issues an emergency rule to modify the fishing season
start date for fishing vessels participating in a rockfish cooperative
as part of the Central Gulf of Alaska Rockfish Program (Rockfish
Program) for the 2021 fishing year. This emergency rule is intended to
provide flexibility to Rockfish Program participants by moving the
fishing season start date from May 1, 2021 to April 1, 2021. This
emergency rule does not modify other provisions of the Rockfish
Program. This emergency rule is intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act), the Fishery Management Plan for Groundfish
of the Gulf of Alaska Management Area (GOA FMP) and other applicable
laws.
DATES: Effective March 19, 2021 through September 15, 2021.
ADDRESSES: Electronic copies of the Regulatory Impact Review (referred
to as the ``Analysis'') and the Categorical Exclusion prepared for this
emergency rule may be obtained from https://www.regulations.gov
identified by Docket ID NOAA-NMFS-2021-0021 or from the NMFS Alaska
Region website at https://www.fisheries.noaa.gov/region/alaska.
FOR FURTHER INFORMATION CONTACT: Jennifer Watson, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages U.S. groundfish fisheries of the GOA under the GOA
[[Page 14852]]
FMP. The North Pacific Fishery Management Council (Council) prepared,
and the Secretary of Commerce (Secretary) approved, the GOA FMP under
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq.
Regulations governing U.S. fisheries and implementing the GOA FMP
appear at 50 CFR parts 600 and 679. The Rockfish Program is implemented
by the GOA FMP and regulations at 50 CFR parts 600 and 679.
Background
On January 29, 2021, the Council received a request from Rockfish
Program participants to consider emergency action under section 305(c)
of the Magnuson-Stevens Act to modify the fishing season start date for
the Rockfish Program in 2021. On February 10, 2021, the Council
recommended that NMFS implement an emergency rule to modify the fishing
season start date for fishing vessels participating in a rockfish
cooperative as part of the Rockfish Program from May 1, 2021 to April
1, 2021 to address the negative economic and social impacts on
harvesters and processors participating in the Rockfish Program and the
community of Kodiak, Alaska due to the Coronavirus (COVID-19) pandemic.
The following sections describe the Rockfish Program, the existing
dates of the fishing season, the emergency rule, and justification for
emergency action.
The Rockfish Program
This section provides a brief overview of the Rockfish Program and
additional detail is available in Section 2 of the Analysis (see
ADDRESSES).
The Rockfish Program is a limited access privilege program (LAPP)
developed to enhance resource conservation and improve economic
efficiency in the Central Gulf of Alaska (CGOA) rockfish fisheries. The
Rockfish Program was implemented by Amendment 88 to the GOA FMP (76 FR
81247, December 27, 2011), and reauthorized under Amendment 111 to the
GOA FMP on March 31, 2020 (86 FR 11895, March 1, 2021). For more
information about the background and history of this program, see the
preamble to the final rule for Amendment 111 (86 FR 11895, March 1,
2021).
Generally, the Rockfish Program (1) assigns quota share (QS) and
cooperative quota (CQ) to participants for primary and secondary
species, (2) allows a participant holding an license limitation program
(LLP) license with rockfish QS to form a rockfish cooperative with
other persons, (3) allows holders of catcher/processor LLP licenses to
opt-out of rockfish cooperatives for a given year, (4) establishes a
limited access fishery for participants who do not participate in a
fishery cooperative for a given year, (5) includes an entry level
longline fishery for persons who do not hold rockfish QS, (6)
establishes constraints, commonly known as sideboard limits, for other
non-Rockfish Program fisheries that apply to vessels and LLP licenses
eligible to participate in the Rockfish Program, and (7) includes
monitoring and enforcement provisions.
As summarized in Sections 2 and 4.2 of the Analysis (see
ADDRESSES), one of the overall goals of the Rockfish Program is to
provide greater security to harvesters through the formation of
rockfish cooperatives. Fishing under cooperative management resulted in
a slower-paced fishery that allows a harvester to choose when to fish.
The Rockfish Program also provided greater stability for processors by
spreading out production over a longer period. Overall, the Rockfish
Program provides greater benefits to shoreside processors, catcher/
processors, CGOA fishermen, and communities than were realized under
the previous LLP management scheme.
Amendment 111 to the FMP and the implementing final rule (86 FR
11895, March 1, 2021) reauthorized the Rockfish Program, removed the
Rockfish Program sunset date of December 31, 2021 and addressed a
variety of administrative and management issues associated with the
existing Rockfish Program. For more detail on the changes made by
Amendment 111 to the FMP, see the preambles to the proposed rule (85 FR
55243, September 4, 2020) and final rule (86 FR 11895, March 1, 2021).
Rockfish Program Fishing Season Dates
Fishing by cooperative participants, specifically fishing vessels,
under the Rockfish Program is currently authorized from 1200 hours,
A.l.t., May 1 through 1200 hours, A.l.t., November 15 each year. With
implementation of the Rockfish Program, the Central GOA rockfish
fishery has changed from an approximate 3-week race to fish starting at
the beginning of July, to a fishery that primarily occurs in May and
June, with smaller harvest amounts occurring until November. Prior to
the implementation of the Rockfish Program, the Gulf of Alaska rockfish
fisheries opened on July 1 for fishing vessels using trawl gear.
As summarized in Section 3 of the Analysis (see ADDRESSES), the
Rockfish Program was developed to slow the race for fish, minimize
bycatch and associated mortalities, provide for improved conservation
of habitat, and address the social and economic concerns that have
arisen under the original management system. The longer fishing season
established under the Rockfish Program provides participants access to
markets (including a possible fresh market) that were historically
impossible to access because of the short duration and timing of the
previous open access fishing season. In addition, by slowing the race
for fish, Rockfish Program participants could focus on improving the
quality of their landings, increasing fishery value and reducing
overall Prohibited Species Catch (PSC).
The lengthened fishing season under the Rockfish Program, enables
cooperative members to consolidate their rockfish allocations and
realize operational efficiencies.
As summarized in Section 3.6 of the Analysis, the start and end
dates for the current fishing season under the Rockfish Program were
set based on considerations of bycatch of other species, rockfish
reproduction, and processor activity. The pre-Rockfish Program July
season start date for the rockfish trawl fishery was intended to reduce
halibut PSC.
Under the Rockfish Program, an earlier start date was implemented
because PSC limits are effectively managed by participating
cooperatives. Bycatch of non-PSC species has been minimally impacted by
the extended Rockfish Program season. The overall level of halibut,
chinook and chum salmon PSC in the Rockfish Program remains low due to
the PSC avoidance measures implemented by cooperative managers that
include various reporting requirements and bycatch standards that have
been proven to reduce PSC under the extended season.
In establishing existing Rockfish Program season start date, the
Council and NMFS considered the timing of rockfish reproduction. The
proposed April 1 season start date for this emergency rule is within
the range of season start dates analyzed in the implementation of
Rockfish Program. Section 3.6 of the Analysis prepared for this
emergency rule notes that modifying the opening season start date to
April 1 would not create a biological concern but that the most
conservative management approach would be to maintain the season start
date at May 1 to marginally reduce any potential fishery impacts on
rockfish reproduction and improve operational efficiency by staggering
the opening of this fishery relative to other fisheries.
The season closing date of November 15 was selected to allow for
fishing activity to be distributed over the course
[[Page 14853]]
of the year where value could be maximized and efficiencies improved.
An earlier or later end date was not given a large amount of
consideration as November 15 corresponds closely with when processors
and plants are generally closing for the fishing year.
This Emergency Rule and Justification for Emergency Action
This emergency rule modifies the season start date from May 1, 2021
to April 1, 2021 for fishing vessel members of a cooperative under the
Rockfish Program in the 2021 fishing year. This emergency rule is
intended to provide flexibility for vessel operators and shoreside
processors that receive deliveries from harvesters in a cooperative by
establishing a longer timeframe in which they would be able to harvest
the quota. This emergency rule adds regulations at Sec.
679.80(a)(3)(iii) to modify the season start date to begin on April 1
at 1200 hours Alaska local time for the 2021 fishing year. This
emergency rule temporarily suspends regulations at Sec.
679.80(a)(3)(ii) that authorize fishing vessels that are members of
rockfish cooperatives to commence fishing on May 1 at 1200 hours Alaska
local time for the 2021 fishing year. The season end date of November
15 at 1200 hours Alaska local time remains unchanged. This emergency
rule does not modify any other aspect of the Rockfish Program.
Modifying the season start date to April 1 would only affect the 2021
fishing year. In subsequent years, the season start date would return
to May 1.
This emergency action does not impose additional restrictions on
the fishery, but would alleviate limitations on the fishery. This
emergency rule does not increase the amount of fish available to
harvest, increase the risk of overharvest, or otherwise modify
conservation measures. This emergency rule is needed to allow for the
complete and efficient harvest of the rockfish fishery and to
temporarily alleviate unforeseen economic and social consequences due
to the recent and unforeseen limitations on the rockfish fishery. This
emergency rule does not modify existing requirements on the types of
vessels and gear that could be used, monitoring requirements, record
keeping regulations, or other aspects of the Rockfish Program.
Section 305(c) of the Magnuson-Stevens Act authorizes the Secretary
to promulgate regulations to address an emergency. Under that section,
a Council may request that the Secretary promulgate emergency
regulations. NMFS's Policy Guidelines for the Use of Emergency Rules
require that an emergency must exist and that NMFS have an
administrative record justifying emergency regulatory action and
demonstrating compliance with the Magnuson-Stevens Act and the National
Standards (see NMFS Procedure 01-101-07 (March 31, 2008) and 62 FR
44421; August 21, 1997). Emergency rulemaking is intended for
circumstances that are ``extremely urgent,'' where ``substantial harm
to or disruption of the . . . fishery . . . would be caused in the time
it would take to follow standard rulemaking procedures (62 FR 44421-
01).''
Under NMFS' Policy Guidelines for the Use of Emergency Rules, the
phrase ``an emergency exists involving any fishery'' is defined as a
situation that meets the following three criteria:
1. Results from recent, unforeseen events or recently discovered
circumstances;
2. Presents serious conservation or management problems in the
fishery; and
3. Can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rule making
process.
The following sections describe why the Council and NMFS determined
that modifying the season start date to April 1 for the 2021 fishing
year meets these criteria.
Criterion 1--Recent, Unforeseen Events or Recently Discovered
Circumstances
Two recent and recently discovered circumstances have limited the
ability of vessels to harvest and process groundfish in the port of
Kodiak in 2021. Rockfish Program catcher vessels and the shoreside
processors the vessels deliver to are located only in the port of
Kodiak. First, beginning in early 2021, the groundfish fleet operating
out of Kodiak has discovered that there are no longer economically
viable markets for a variety of flatfish species, including species
such as arrowtooth flounder. For several decades, these markets have
been essential to harvesters and processors operating out of Kodiak.
This lack of economically viable markets has created an unforeseen lack
of harvesting and deliveries to processors operating out of Kodiak in
the month of April. The U.S. government has recognized the impact of
limited seafood markets and included flatfish fisheries prosecuted in
Alaska in the Seafood Trade Relief Program (STRP), which provides
payments to eligible commercial fishermen of seafood commodities that
have been impacted by trade actions of foreign governments resulting in
the loss of exports (85 FR 56572). In addition to flatfish, Kodiak
processors and harvesters are heavily dependent on the salmon and
rockfish fisheries. Rockfish landings at Kodiak processors occur in May
and June, after flatfish in April, and are followed by summer salmon
landings.
Second, COVID-19 outbreaks in January and February 2021 in three
large processors in the communities of Akutan and Unalaska, shut down
fishing and processing operations in those communities for several
weeks, creating widespread disruptions during the fishing season and
broad economic impacts. Throughout 2020, processing facilities in
Alaska were able to operate effectively with limited long-term
disruption to processing activities. While Kodiak processors have not
seen widespread COVID-19 outbreaks, the mitigation measures there
mirrored those of the three large processors in the communities of
Akutan and Unalaska. The closure of processing facilities in Alaska in
early 2021 was not anticipated based on largely successful mitigation
of COVID-19 in 2020. Even with strict mitigation measures in place,
these outbreaks raise concern of future outbreaks across processing
facilities in Alaska. Given the continued risk of COVID-19 transmission
and outbreaks, and lack of widespread vaccinations, fishery
participants anticipate there may be additional processor shutdowns
throughout 2021.
For Kodiak processors, an earlier start date for the Rockfish
Program will help alleviate the operational disruption and economic
impact from the lack of a flatfish market in April and will help ensure
adequate processing capacity to fully prosecute the rockfish program
fisheries throughout the 2021 fishing season. Due to these limitations,
and the recent, unforeseen circumstances, an emergency action is
required to move the start date of the 2021 Rockfish Program fishery to
April 1.
Criterion 2--Presents Serious Conservation or Management Problems in
the Fishery
Recent, unforeseen, and ongoing COVID-19 outbreaks in processing
plants across Alaska present serious management problems in the
Rockfish Program. If the season start is not moved to April 1, 2021,
there is a risk that the rockfish season may conflict with the summer
salmon fisheries, causing seafood businesses to choose between one
revenue source or another, particularly if a COVID outbreak occurs
[[Page 14854]]
in Kodiak and reduces processing capacity for several weeks. This
presents a serious management problem for the fishery.
Additionally, moving the season start date to April 1, 2021 will
help processors continue to employ fishermen and plant personnel
throughout April, a month that is typically busy with flatfish but will
have an anticipated gap in 2021 due to the lack of a flatfish market.
By permitting fishing and processing operations through the month of
April, this emergency rule would result in a decrease in travel to and
from the port of Kodiak, Alaska, thereby reducing the health risks to
essential seafood workers and residents.
Criterion 3--Can Be Addressed Through Emergency Rulemaking for Which
the Immediate Benefits Outweigh the Value of Notice and Comment
Rulemaking
NMFS and the Council have determined that the emergency situation
created by the lack of a flatfish market and the continued risk of
COVID-19 outbreaks across processing and fishing operations can be
addressed by emergency regulations. Opening the rockfish season one
month earlier does not create conservation and management concerns
because the earlier start date was analyzed during the development of
the Rockfish Program and is consistent with the overall goals of the
Rockfish Program to provide additional harvest flexibility to
cooperative participants.
To address the emergency in a timely manner, NMFS must implement an
emergency rule that waives the notice-and-comment rulemaking period.
The benefits of waiving notice-and-comment rulemaking will serve the
industry and public by allowing an additional month for fishery
participants to harvest rockfish. Any delay that results in
implementing this rulemaking may impact the ability for the fishery to
start earlier. Section 4 of the Analysis (see ADDRESSES) describes the
potential additional harvest opportunities for the rockfish
participants in greater detail.
Without the waiver of notice-and-comment rulemaking, the Rockfish
Program cooperative participants will not have sufficient time for
operational planning before the requested April 1, 2021 season opening
date. Without sufficient notice of the season opening date, fish
processors participating in the Rockfish Program may not have enough
time to staff their facilities and coordinate fishing activities for an
earlier season.
The Council could not recommend and NMFS could not implement an
earlier season start date through the conventional notice-and-comment
rulemaking process before the regular 2021 Rockfish Program begins on
May 1. Typically, the process of Council analysis and rulemaking takes
at least one-year to implement. In this case, NMFS received the request
for regulatory change on February 10, 2021, and the next regularly
scheduled Council meeting begins April 5, 2021. Given that the Rockfish
Program starts on May 1, 2021, this rule starts the season a month
earlier, and the time required for Council action and notice-and-
comment rulemaking, this process could not be accomplished before the
earlier start date of April 1, 2021.
As discussed further below, emergency-based fishery regulations
that waive prior notice and comment and a 30-day delay in effectiveness
period must be consistent with the requirements of the Administrative
Procedure Act (APA).
Classification
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) of the APA to waive prior notice and the
opportunity for public comment because it would be impracticable and
contrary to the public interest. The benefits of waiving notice-and-
comment rulemaking will serve the industry and public by allowing an
additional month for fishery participants to harvest rockfish. Any
delay that results in implementing this rulemaking may impact the
ability for the fishery to start earlier. This emergency rule would
modify the season start date for members of a rockfish cooperative as
part of the Central Gulf of Alaska Rockfish Program (Rockfish Program)
for the 2021 fishing year. This emergency rule is intended to provide
flexibility to Rockfish Program participants by moving the season start
date from May 1, 2021 to April 1, 2021. This emergency rule does not
modify other provisions of the Rockfish Program.
This emergency rule is in response to the recent and unforeseen
impacts that have prompted a limited shoreside market for flatfish as a
result of the unforeseen lack of economically viable groundfish markets
and the continued impacts of the COVID-19 pandemic and associated
health concerns on the members of rockfish cooperatives. The lack of
the flatfish market, comprising species such as arrowtooth flounder,
have created a processing gap for the month of April in Kodiak.
Modifying the season start to one month earlier will provide additional
flexibility to Rockfish Program participants to mitigate negative
economic and social impacts to harvesters and processors and the
community of Kodiak, Alaska. Without the increased flexibility of an
earlier season start date, if a COVID outbreak occurs resulting in the
reduction of processing capacity for several weeks, the rockfish season
may conflict with the summer salmon fisheries, causing harvesters and
processors to choose between revenue sources. It is likely that a
significant portion of the harvest could be forgone. The associated
loss in harvesting and processing revenues would likely impact the
harvesters, crew, and communities that are active in the Rockfish
Program.
Industry participants notified the Council and NMFS on January 29,
2021, of the continued safety and health concerns of the ongoing
pandemic and seafood tariffs may impact Rockfish Program participants
for the 2021 fishing year. The Council and NMFS had no way of
foreseeing the impact on fishery operations.
Finally, the time required for notice-and-comment rulemaking would
not provide relief from the forgone harvests because it would not
provide sufficient time before the proposed season start date. The
Rockfish Program season start date is May 1 and there is not enough
time to follow the standard rulemaking process prescribed by the
Magnuson-Stevens Act and required by the APA. NMFS has no other way
than this emergency rule to amend the season start date in time to
restore forgone fishing opportunities for 2021. Allowing for a longer
time to harvest rockfish quota will provide immediate social and
economic benefits that outweigh the value of the deliberative notice-
and-comment rulemaking process.
Similarly, for the reasons above that support the need to implement
this emergency rule in a timely manner, the Assistant Administrator for
Fisheries finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness provision of the APA and make the emergency rule
effective immediately upon publication in the Federal Register. As
stated above, NMFS anticipates that this emergency rule will allow for
additional flexibility to Rockfish Program participants to harvest and
process the quota over a longer timeframe and should prevent prolonged
economic losses from the potential forgone harvests.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from Office of Management and
Budget (OMB) review.
[[Page 14855]]
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is not subject to the requirement to
provide prior notice and opportunity for public comment pursuant to 5
U.S.C. 553 or any other law. Accordingly, no regulatory flexibility
analysis is required and none has been prepared.
Collection-of-Information Requirements
This emergency rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: March 15, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. In Sec. 679.80, stay paragraph (a)(3)(ii) and add paragraph
(a)(3)(iii) to read as follows:
Sec. 679.80 Allocation and transfer of rockfish QS.
* * * * *
(a) * * *
(3) * * *
(iii) Rockfish cooperative. Fishing by vessels participating in a
rockfish cooperative is authorized from 1200 hours, A.l.t., April 1,
2021 through 1200 hours, A.l.t., November 15, 2021.
* * * * *
[FR Doc. 2021-05685 Filed 3-16-21; 4:15 pm]
BILLING CODE 3510-22-P
