[Federal Register Volume 85, Number 58 (Wednesday, March 25, 2020)]
[Rules and Regulations]
[Pages 16913-16914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200221-0062; RTID 0648-XY091]


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
the West Yakutat District in the Gulf of Alaska

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

ACTION: Temporary rule; modification of closure

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SUMMARY: NMFS is opening directed fishing for pollock in the West 
Yakutat District of the Gulf of Alaska (GOA). This action is necessary 
to fully use the 2020 total allowable catch of pollock in the West 
Yakutat District of the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 24, 
2020, through 2400 hours, A.l.t., December 31, 2020. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
April 7, 2020.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2019-0102 by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0102, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK 
99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and NMFS will post the comments for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management 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.
    The 2020 total allowable catch (TAC) of pollock in the West Yakutat 
District of the GOA is 5,554 metric tons (mt) as established by the 
final 2020 and 2021 harvest specifications for groundfish in the GOA 
(85 FR 13802, March 10, 2020).
    NMFS closed directed fishing for pollock in the West Yakutat 
District of the GOA under Sec.  679.20(d)(1)(iii) on March 13, 2020 (85 
FR 15392, March 18, 2020).
    As of March 17, 2020, NMFS has determined that approximately 780 mt 
of pollock remains in the West Yakutat District of the GOA. Therefore, 
in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), and to fully utilize the 2020 TAC of pollock in the 
West Yakutat District of the GOA, NMFS is terminating the previous 
closure and is reopening directed fishing for pollock in the West 
Yakutat District of the GOA, effective 1200 hours, A.l.t., March 24, 
2020.
    The Administrator, Alaska Region (Regional Administrator) 
considered the following factors in reaching this

[[Page 16914]]

decision: (1) The catch of pollock in the West Yakutat District of the 
GOA and, (2) the harvest capacity and stated intent on future 
harvesting patterns of vessels in participating in this fishery.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is 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 opening of directed fishing for pollock in the West 
Yakutat District of the GOA. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of March 17, 2020.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    Without this inseason adjustment, NMFS could not allow the fishery 
for pollock in the West Yakutat District of the GOA to be harvested in 
an expedient manner and in accordance with the regulatory schedule. 
Under Sec.  679.25(c)(2), interested persons are invited to submit 
written comments on this action to the above address until April 7, 
2020.
    This action is required by Sec.  679.25 and is exempt from review 
under Executive Order 12866.

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

    Dated: March 20, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-06227 Filed 3-23-20; 8:45 am]
 BILLING CODE 3510-22-P