[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Rules and Regulations]
[Pages 30851-30852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11015]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200227-0066; RTID 0648-XY105]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole for Vessels Participating in the BSAI Trawl Limited Access Sector 
Fishery 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; closure.

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SUMMARY: NMFS is prohibiting directed fishing for yellowfin sole in the 
Bering Sea and Aleutian Islands management area (BSAI) for vessels 
participating in the BSAI trawl limited access sector fishery. This 
action is necessary to prevent exceeding the 2020 allocation of 
yellowfin sole total allowable catch for vessels participating in the 
BSAI trawl limited access sector fishery in the BSAI.

DATES: This temporary rule is effective on May 18, 2020. This rule is 
applicable 1200 hrs, Alaska local time (A.l.t.), May 15, 2020, through 
2400 hrs, A.l.t., December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

[[Page 30852]]


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.
    The 2020 allocation of yellowfin sole total allowable catch for 
vessels participating in the BSAI trawl limited access sector fishery 
in the BSAI is 17,172 metric tons (mt) as established by the final 2020 
and 2021 harvest specifications for groundfish in the BSAI (85 FR 
13553, March 9, 2020). In accordance with Sec.  679.20(d)(1)(iii), the 
Administrator, Alaska Region, NMFS (Regional Administrator), has 
determined that the 2020 yellowfin sole total allowable catch allocated 
as a directed fishing allowance for vessels participating in the BSAI 
trawl limited access sector fishery in the BSAI will soon be reached. 
Consequently, NMFS is prohibiting directed fishing for yellowfin sole 
for vessels participating in the BSAI trawl limited access sector 
fishery in the BSAI.
    While this closure is effective, the maximum retain able amounts at 
Sec.  679.20(e) and (f) apply at any time during a trip.

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 closure of directed fishing for yellowfin sole by 
vessels fishing in the BSAI trawl limited access sector fishery 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 May 14, 2020.
    The acting 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.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 18, 2020.
H[eacute]l[egrave]ne M. N. Scalliest,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-11015 Filed 5-18-20; 4:15 pm]
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