[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Rules and Regulations]
[Pages 83834-83836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28261]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[[Docket No. 200221-0062]
RTID 0648-XA725


Fisheries of the Exclusive Economic Zone Off Alaska; Inseason 
Adjustment to the 2021 Gulf of Alaska Pollock and Pacific Cod Total 
Allowable Catch Amounts

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason adjustment; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS is adjusting the 2021 total allowable catch (TAC) amounts 
for the Gulf of Alaska (GOA) pollock and Pacific cod fishery. This 
action is necessary because NMFS has determined these TACs are 
incorrectly specified, and will ensure the GOA pollock and Pacific cod 
TACs are the appropriate amount based on the best available scientific 
information for pollock and Pacific cod in the GOA. This action is 
consistent with the goals and objectives of the Fishery Management Plan 
for Groundfish of the Gulf of Alaska.

DATES: Effective 0001 hours, Alaska local time (A.l.t.), January 1, 
2021, until the effective date of the final 2021 and 2022 harvest 
specifications for GOA groundfish, unless otherwise modified or 
superseded through publication of a notification in the Federal 
Register.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., January 7, 2021.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2019-0102 by 
any of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0102, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Records. Mail comments to P.O. Box 21668, Juneau, AK 99802-
1668.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record, and NMFS will post the comments for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council (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 final 2020 and 2021 harvest specifications for groundfish in 
the GOA (85 FR 13802, March 10, 2020 and revision to implement 
Amendment 109, 85 FR 74266, November 20, 2020) set the 2021 pollock TAC 
at 119,239 metric tons (mt) in the GOA. In December 2020, the Council 
recommended a 2021 pollock TAC of 113,227 mt for the GOA, which is less 
than the 119,239 mt established by the final 2020 and 2021 harvest 
specifications for groundfish in

[[Page 83835]]

the GOA. The Council's recommended 2021 TAC, and the area and seasonal 
apportionments, is based on the Stock Assessment and Fishery Evaluation 
report (SAFE), dated November 2020.
    The final 2020 and 2021 harvest specifications for groundfish in 
the GOA (85 FR 13802, March 10, 2020 and revision to implement 
Amendment 109, 85 FR 74266, November 20, 2020) set the 2021 Pacific cod 
TAC at 6,431 mt in the GOA. In December 2020, the Council recommended a 
2021 Pacific cod TAC of 17,321 mt for the GOA, which is more than the 
6,431 mt established by the final 2020 and 2021 harvest specifications 
for groundfish in the GOA. The Council's recommended 2021 TAC, and the 
area and seasonal apportionments, is based on the SAFE, dated November 
2020.
    Steller sea lions occur in the same location as the pollock and 
Pacific cod fisheries and are listed as endangered under the Endangered 
Species Act. Pollock and Pacific cod are principal prey species for 
Steller sea lions in the GOA. The seasonal apportionment of pollock and 
Pacific cod harvests are necessary to ensure the groundfish fisheries 
are not likely to cause jeopardy of extinction or adverse modification 
of critical habitat for Steller sea lions. The regulations at Sec.  
679.20(a)(5)(iv) specify how the pollock TAC will be apportioned and 
the regulations at Sec.  679.20(a)(6)(ii) and (a)(12)(i) specify how 
the Pacific cod TAC will be apportioned.
    In accordance with Sec.  679.25(a)(1)(iii), (a)(2)(i)(B), and 
(a)(2)(iv) the Administrator, Alaska Region, NMFS (Regional 
Administrator), has determined that, based on the best available 
scientific information for this fishery, the current GOA pollock and 
Pacific cod TACs are incorrectly specified. Consequently, pursuant to 
Sec.  679.25(a)(1)(iii), the Regional Administrator is adjusting the 
2021 GOA pollock TAC to 113,227 mt and the 2021 Pacific cod TAC to 
17,321 mt. Therefore, Tables 4 and 6 of the final 2020 and 2021 harvest 
specifications for groundfish in the GOA (85 FR 13802, March 10, 2020 
and revision to implement Amendment 109, 85 FR 74266, November 20, 
2020) are revised consistent with this adjustment.
    NMFS published a final rule to implement Amendment 109 to the FMP 
(85 FR 38093, June 25, 2020). That rule revised the pollock seasons in 
the GOA, along with Pacific cod seasonal allocations, for the Central 
and Western Regulatory Areas of the GOA. Amendment 109 modified the 
existing annual pollock TAC allocation to two equal seasonal 
allocations (50 percent of TAC), rather than four equal seasonal 
allocations (25 percent of TAC). The pollock A and B seasons were 
combined into a January 20 through May 31 A season, and the pollock C 
and D seasons were combined into a September 1 through November 1 B 
season. Additionally, Amendment 109 revised the Pacific cod TAC 
seasonal allocations to the trawl catcher vessel sector by increasing 
the A season allocation and decreasing the B season allocation. The 
revisions implemented by Amendment 109, which are effective January 1, 
2021, are incorporated into this inseason adjustment.
    Pursuant to Sec.  679.20(a)(5)(iv), Table 4 of the final 2020 and 
2021 harvest specifications for groundfish in the GOA (85 FR 13802, 
March 10, 2020 and revision to implement Amendment 109, 85 FR 74266, 
November 20, 2020) is revised for the 2021 TACs of pollock in the 
Central and Western Regulatory Area of the GOA.

 Table 4--Final 2021 Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska;
                         Area Apportionments; \1\ and Seasonal Allowances of Annual TAC
         [Values are rounded to the nearest metric ton and percentages are rounded to the nearest 0.01]
----------------------------------------------------------------------------------------------------------------
                                                  Shumigan (area  Chirikof (area   Kodiak (area
                   Season \2\                          610)            620)            630)          Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)...........................             799          41,737           6,297          48,833
B (September 1-November 1)......................          17,677          13,133          18,023          48,833
                                                 ---------------------------------------------------------------
    Annual Total................................          18,477          54,870          24,320          97,667
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec.   679.23(d)(2)(i) through (ii), the A and B season allowances are available from
  January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for
  processing by the inshore and offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
  included in the total pollock TACs shown in this table.

    Pursuant to Sec.  679.20(a)(6)(ii) and (a)(12)(i), Table 6 of the 
final 2020 and 2021 harvest specifications for groundfish in the GOA 
(85 FR 13802, March 10, 2020 and revision to implement Amendment 109, 
85 FR 74266, November 20, 2020) is revised for the 2021 TACs of Pacific 
cod in the GOA.

Table 6--Final 2021 Seasonal Apportionments and Allocation of Pacific Cod Total Allowable Catch (TAC) Amounts in
    the GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore
                                              Processing Components
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                             A Season                        B Season
                                                 ---------------------------------------------------------------
                                      Annual          Sector                          Sector
   Regulatory area and sector       allocation     percentage of     Seasonal      percentage of     Seasonal
                                       (mt)       annual non-jig    allowances    annual non-jig    allowances
                                                        TAC            (mt)             TAC            (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA
    Jig (3.5% of TAC)...........             196             N/A             117             N/A              78
    Hook-and-line CV............              76            0.70              38            0.70              38

[[Page 83836]]

 
    Hook-and-line CP............           1,068           10.90             588            8.90             480
    Trawl CV....................           2,071           31.54           1,701           10.70             370
    Trawl CP....................             129            0.90              49            1.50              81
    All Pot CV and Pot CP.......           2,050           19.80           1,068           18.20             982
                                 -------------------------------------------------------------------------------
        Total...................           5,590           63.84           3,561           36.16           2,029
----------------------------------------------------------------------------------------------------------------
Central GOA
    Jig (1.0% of TAC)...........             102             N/A              61             N/A              41
    Hook-and-line <50 CV........           1,481            9.32             945            5.29             536
    Hook-and-line >=50 CV.......             680            5.61             569            1.10             111
    Hook-and-line CP............             518            4.11             416            1.00             101
    Trawl CV \1\................           4,216           21.14           2,565           20.45           1,652
    Trawl CP....................             426            2.00             203            2.19             223
    All Pot CV and Pot CP.......           2,819           17.83           1,808            9.97           1,011
                                 -------------------------------------------------------------------------------
        Total...................          10,242           64.16           6,567           35.84           3,675
----------------------------------------------------------------------------------------------------------------
Eastern GOA.....................  ..............    Inshore (90% of Annual TAC)
                                   Offshore (10% of Annual TAC)
                                           1,489  ..............           1,340  ..............             149
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 390 mt, of the
  annual Central GOA TAC (see Table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season
  allowance (see Table 12. Final 2021 Apportionments of Rockfish Secondary Species in the Central GOA and Table
  28c to 50 CFR part 679).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be 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 allow for harvests that exceed the 
appropriate allocation for pollock and Pacific cod based on the best 
scientific information available. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of December 16, 2020.
    Without this inseason adjustment, NMFS could not allow the fishery 
for pollock, Atka mackerel, and Pacific cod in the BSAI to be harvested 
in an expedient manner and in accordance with the regulatory schedule. 
Under Sec.  679.25(c)(2), interested persons are invited to submit 
written comments on this action to the above address until January 7, 
2021.

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

    Dated: December 17, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-28261 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-22-P