[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64827-64828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25308]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022; RTID 0648-XB592]


Fisheries of the Exclusive Economic Zone Off Alaska; Several 
Groundfish Species 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; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch (ITAC) of Bering Sea (BS) Pacific ocean 
perch, BS trawl sablefish, Bering Sea and Aleutian Islands (BSAI) 
shortraker rockfish, BSAI skates, BSAI sharks, and Central Aleutian 
Islands and Western Aleutian

[[Page 64828]]

Islands (CAI/WAI) blackspotted/rougheye rockfish. This action is 
necessary to allow the fisheries to continue operating. It is intended 
to promote the goals and objectives of the fishery management plan for 
the BSAI management area.

DATES: Effective November 16, 2021, through 2400 hrs, Alaska local 
time, December 31, 2021. Comments must be received at the following 
address no later than 4:30 p.m., Alaska local time December 1, 2021.

ADDRESSES: Submit your comments, identified by docket number 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/docket/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. 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, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender is 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 BSAI 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 ITAC of BS Pacific ocean perch was established as 9,165 
metric tons (mt), the 2021 ITAC of BS trawl sablefish was established 
as 1,443 mt, the 2021 ITAC of BSAI shortraker rockfish was established 
as 425 mt, the 2021 ITAC of BSAI skates was established as 15,300 mt, 
the 2021 ITAC of BSAI sharks was established as 170 mt, and the 2021 
ITAC of CAI/WAI blackspotted/rougheye rockfish was established as 144 
mt by the final 2021 and 2022 harvest specifications for groundfish of 
the BSAI (86 FR 11449, February 25, 2021). In accordance with Sec.  
679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has 
reviewed the most current available data and finds that the ITACs for 
BS Pacific ocean perch, BS trawl sablefish, BSAI shortraker rockfish, 
BSAI skates, BSAI sharks, and CAI/WAI blackspotted/rougheye rockfish 
need to be supplemented from the non-specified reserve to promote 
efficiency in the utilization of fishery resources in the BSAI and 
allow fishing operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish to ITACs in the BSAI 
management area as follows: 1,617 mt to BS Pacific ocean perch, 128 mt 
to BS trawl sablefish, 116 mt to BSAI shortraker rockfish, 4,700 mt to 
BSAI skates, 347 mt to BSAI sharks, and 25 mt to CAI/WAI blackspotted/
rougheye rockfish. These apportionments are consistent with Sec.  
679.20(b)(1)(i) and do not result in overfishing of any target species 
because the revised ITACs and total allowable catches (TACs) are equal 
to or less than the specifications of the acceptable biological catch 
in the final 2021 and 2022 harvest specifications for groundfish in the 
BSAI (86 FR 11449, February 25, 2021).
    The harvest specification for the 2021 ITACs and TACs included in 
the harvest specifications for groundfish in the BSAI are revised as 
follows 10,782 mt for BS Pacific ocean perch, 1,571 mt for BS trawl 
sablefish, 541 mt for BSAI shortraker rockfish, 20,000 mt for BSAI 
skates, 517 mt for BSAI sharks, and 169 mt for CAI/WAI blackspotted/
rougheye rockfish.

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 apportionment of the non-
specified reserves of groundfish to the BS Pacific ocean perch, BS 
trawl sablefish, BSAI shortraker rockfish, BSAI skates, BSAI sharks, 
and CAI/WAI blackspotted/rougheye rockfish. NMFS was unable to publish 
a notice providing time for public comment because the most recent, 
relevant data only became available as of November 9, 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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until December 
1, 2021.

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

    Dated: November 16, 2021.
Ngagne Jafnar Gueye,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2021-25308 Filed 11-16-21; 4:15 pm]
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