[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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