[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Pages 75923-75924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26213]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200227-0066]
RTID 0648-XA675
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel 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 Atka mackerel in the
Bering Sea subarea and Eastern Aleutian District (BS/EAI) of the Bering
Sea and Aleutian Islands management area (BSAI) by vessels
participating in the BSAI trawl limited access sector fishery. This
action is necessary to prevent exceeding the 2020 total allowable catch
(TAC) of Atka mackerel in the BS/EAI allocated to vessels participating
in the BSAI trawl limited access sector fishery.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 23,
2020, through 2400 hrs, 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 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 TAC of Atka mackerel, in the BS/EAI, allocated to vessels
participating in the BSAI trawl limited access sector fishery was
established as a directed fishing allowance of 2,100 metric tons 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 Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for Atka
mackerel in the BS/EAI by vessels participating in the BSAI trawl
limited access sector fishery. 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 a requirement is impracticable and
contrary to the public interest. This requirement is
[[Page 75924]]
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 Atka mackerel directed fishing
in the BS/EAI for vessels participating in the BSAI trawl limited
access sector fishery. NMFS was unable to publish a notice providing
time for public comment because the most recent, relevant data only
became available as of November 19, 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: November 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-26213 Filed 11-23-20; 4:15 pm]
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