[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Rules and Regulations]
[Pages 38588-38589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15602]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022]
RTID 0648-XB064


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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[[Page 38589]]

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 2021 Kamchatka flounder initial 
total allowable catch (ITAC) in the BSAI.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 19, 2021, 
through 2400 hours, A.l.t., December 31, 2021.

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 2021 Kamchatka flounder ITAC in the BSAI is 7,635 metric tons 
(mt) as established by the final 2021 and 2022 harvest specifications 
for groundfish in the BSAI (86 FR 11449, February 25, 2021). In 
accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2021 
Kamchatka flounder ITAC in the BSAI will soon be reached. Therefore, 
the Regional Administrator is establishing a directed fishing allowance 
of 3,635 mt, and is setting aside the remaining 4,000 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

    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 delay the closure of Kamchatka 
flounder 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 16, 2021.
    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.

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

    Dated: July 19, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-15602 Filed 7-19-21; 4:15 pm]
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