[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Page 64827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25310]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 210217-0022; RTID 0648-XB595]


Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker 
Rockfish 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.

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

SUMMARY: NMFS is prohibiting retention of shortraker rockfish in the 
Bering Sea and Aleutian Islands management area (BSAI). This action is 
necessary because the 2021 shortraker rockfish total allowable catch 
(TAC) in the BSAI has been reached.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), November 16, 
2021, through 2400 hours, A.l.t., December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 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 shortraker rockfish TAC in the BSAI is 425 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)(2), the Administrator, Alaska Region, 
NMFS (Regional Administrator) has determined that the 2021 shortraker 
rockfish TAC in the BSAI has been reached. Therefore, NMFS is requiring 
that shortraker rockfish in the BSAI be treated in the same manner as a 
prohibited species, as described under Sec.  679.21(a), for the 
remainder of the year, except shortraker rockfish in the BSAI caught by 
catcher vessels using hook-and-line, pot, or jig gear as described in 
Sec.  679.20(j).

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 prohibiting retention of 
shortraker rockfish 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 November 12, 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.

    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. 2021-25310 Filed 11-16-21; 4:15 pm]
BILLING CODE P