[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Rules and Regulations]
[Pages 19397-19398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07306]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200227-0066;RTID 0648-XY094]


Fisheries of the Exclusive Economic Zone Off Alaska; Northern 
Rockfish in the Bering Sea and Aleutian Islands Management Area

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 northern rockfish in the 
Bering Sea and Aleutian Islands Management Area (BSAI). This action is 
necessary to fully use the 2020 total allowable catch (TAC) of northern 
rockfish in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), April 2, 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 17, 2020.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2019-0089, 
by either of the following methods:
     Federal e-Rulemaking Portal. Go to: https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0074, click the ``Comment 
Now!'' icon, complete the required fields, and enter or attach your 
comments.
     Mail: Submit 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 will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), 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: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI 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 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.
    Pursuant to the final 2020 and 2021 harvest specifications for 
groundfish in

[[Page 19398]]

the BSAI (85 FR 13553, March 9, 2020), NMFS closed directed fishing for 
northern rockfish under Sec.  679.20(d)(1)(iii).
    As of April 1, 2020, NMFS has determined that approximately 8,000 
metric tons of northern rockfish initial TAC remains unharvested in the 
BSAI. 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 
northern rockfish in the BSAI, NMFS is terminating the previous closure 
and is opening directed fishing for northern rockfish in the BSAI. This 
will enhance the socioeconomic well-being of harvesters in this area. 
The Administrator, Alaska Region (Regional Administrator) considered 
the following factors in reaching this decision: (1) The current catch 
of northern rockfish in the BSAI 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) and Sec.  679.25(c)(1)(ii) 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 northern rockfish in 
the BSAI. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of April 1, 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 northern rockfish in the BSAI 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 17, 2020.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: April 2, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-07306 Filed 4-2-20; 4:15 pm]
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