[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Rules and Regulations]
[Pages 53884-53885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21193]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022]
RTID 0648-XB292


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch in the Bering Sea Subarea 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Pacific ocean perch in 
the Bering Sea subarea of the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to fully use the 2021 
total allowable catch of Pacific ocean perch (POP) specified for the 
Bering Sea subarea of the BSAI.

DATES: 
    Effective date: Effective 1200 hrs, Alaska local time (A.l.t.), 
September 26, 2021, through 2400 hrs, A.l.t., December 31, 2021.
    Comments due date: Comments must be received at the following 
address no later than 4:30 p.m., A.l.t., October 14, 2021.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2020-0141, by 
either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2020-0141, click the 
``Comment'' 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 Office. Mail comments to P.O. Box 21668, Juneau, AK 
99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted 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: 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.
    NMFS closed directed fishing for POP in the Bering Sea subarea of 
the BSAI under Sec.  679.20(d)(1)(iii) (86 FR 11449, February 25, 
2021).
    NMFS has determined that approximately 5,000 metric tons of POP 
remain in the directed fishing allowance. Therefore, in accordance with 
Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully 
utilize the 2021 total allowable catch of POP in the Bering Sea subarea 
of the BSAI, NMFS is terminating the previous closure and is opening 
directed fishing for POP in Bering Sea subarea of the BSAI, effective 
1200 hrs, A.l.t., September 26, 2021, through 2400 hrs, A.l.t., 
December 31, 2021. This will enhance the socioeconomic well-being of 
harvesters dependent on POP in this area.
    The Administrator, Alaska Region considered the following factors 
in reaching this decision: (1) The current catch of POP in the BSAI 
and, (2) the harvest capacity and stated intent on future harvesting 
patterns of vessels participating in this fishery.

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 opening of directed 
fishing for POP in the Bering Sea subarea of the BSAI. NMFS was unable 
to publish a notice providing time for

[[Page 53885]]

public comment because the most recent, relevant data only became 
available as of September 23, 2021.
    The Assistant Administrator for Fisheries, NOAA 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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for Pacific ocean perch in the Bering Sea subarea of 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 
October 14, 2021.

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

    Dated: September 24, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-21193 Filed 9-24-21; 4:15 pm]
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