[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Rules and Regulations]
[Page 31996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11470]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200227-0066]
RTID 0648-XY107


Fisheries of the Exclusive Economic Zone Off Alaska; Alaska 
Plaice 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 Alaska plaice in the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary to prevent exceeding the 2020 Alaska plaice initial total 
allowable catch (ITAC) in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 22, 2020, 
through 2400 hours, A.l.t., December 31, 2020.

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.
    The 2020 Alaska plaice ITAC in the BSAI is 14,450 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)(i), the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that the 2020 Alaska plaice ITAC in the 
BSAI has been reached. Therefore, the Regional Administrator is 
establishing a directed fishing allowance of 14,400 mt, and is setting 
aside the remaining 50 mt as incidental catch to support other 
anticipated groundfish fisheries. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance has been reached. Consequently, NMFS is prohibiting 
directed fishing for Alaska plaice in the BSAI.
    While this closure is effective the maximum retainable 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 Alaska plaice to directed fishing 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 21, 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.
    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 22, 2020.
Jennifer M. Wallace
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-11470 Filed 5-22-20; 4:15 pm]
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