[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
[Rules and Regulations]
[Page 35381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12566]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200227-0066]
RTID 0648-XY089


Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in 
the Herring Savings Areas of 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 pollock by vessels 
using trawl gear in the Herring Savings Areas of the Bering Sea and 
Aleutian Islands (BSAI). This action is necessary to prevent exceeding 
the 2020 herring bycatch allowance specified for the midwater trawl 
pollock fishery in the BSAI. This action includes prohibiting directed 
fishing for pollock by vessels participating in the Community 
Development Quota Program.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 15, 2020, 
through 1200 hours, A.l.t., March 1, 2021.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 herring bycatch allowance specified for the midwater trawl 
pollock fishery in the BSAI is 2,299 metric tons as established by the 
final 2020 and 2021 harvest specifications for groundfish in the BSAI 
(85 FR 13553, March 9, 2020).
    The Administrator, Alaska Region, NMFS, has determined that the 
2020 herring bycatch allowance specified for the midwater trawl pollock 
fishery in the BSAI has been caught. Consequently, in accordance with 
Sec.  679.21(e)(7)(vi), NMFS is closing directed fishing for pollock by 
vessels using trawl gear in the three Herring Savings Areas of the 
BSAI. The Summer Herring Savings Area 1 is that part of the Bering Sea 
subarea that is south of 57[deg] North latitude and between 162[deg] W 
longitude and 164[deg] W longitude from 1200 hours, A.l.t., June 15, 
2020 through 1200 hours, A.l.t., July 1, 2020. The Summer Herring 
Savings Area 2 is that part of the Bering Sea subarea that is south of 
56[deg]30'' North latitude and between 164[deg] W longitude and 
167[deg] W longitude from 1200 hours, A.l.t., July 1, 2020 through 1200 
hours A.l.t., August 15, 2020. The Winter Herring Savings Area is that 
part of the Bering Sea subarea that is between of 58[deg] and 60[deg] 
North latitude and between 172[deg] W longitude and 175[deg] W 
longitude from 1200 hours, A.l.t., September 1, 2020 through 1200 
hours, A.l.t., March 1, 2021.
    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 directed fishing for pollock by vessels 
using trawl gear in the Summer and Winter Herring Savings Areas of 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 June 3, 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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: June 5, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-12566 Filed 6-9-20; 8:45 am]
 BILLING CODE 3510-22-P