[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Rules and Regulations]
[Page 41931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15073]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200227-0066; RTID 0648-XY095]
Fisheries of the Exclusive Economic Zone Off Alaska; Kamchatka
Flounder 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 Kamchatka flounder in
the Bering Sea and Aleutian Islands management area (BSAI). This action
is necessary to prevent exceeding the 2020 Kamchatka flounder initial
total allowable catch (ITAC) in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 8, 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 Kamchatka flounder ITAC in the BSAI is 5,780 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 Kamchatka
flounder ITAC in the BSAI will soon be reached. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 2,000 mt,
and is setting aside the remaining 3,780 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 Kamchatka flounder 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 Kamchatka flounder 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 July 7, 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: July 8, 2020.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-15073 Filed 7-8-20; 4:15 pm]
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