[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
[Rules and Regulations]
[Page 35381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12566]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200227-0066]
RTID 0648-XY089
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
the Herring Savings Areas 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; closure.
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SUMMARY: NMFS is prohibiting directed fishing for pollock by vessels
using trawl gear in the Herring Savings Areas of the Bering Sea and
Aleutian Islands (BSAI). This action is necessary to prevent exceeding
the 2020 herring bycatch allowance specified for the midwater trawl
pollock fishery in the BSAI. This action includes prohibiting directed
fishing for pollock by vessels participating in the Community
Development Quota Program.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 15, 2020,
through 1200 hours, A.l.t., March 1, 2021.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 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.
The 2020 herring bycatch allowance specified for the midwater trawl
pollock fishery in the BSAI is 2,299 metric tons as established by the
final 2020 and 2021 harvest specifications for groundfish in the BSAI
(85 FR 13553, March 9, 2020).
The Administrator, Alaska Region, NMFS, has determined that the
2020 herring bycatch allowance specified for the midwater trawl pollock
fishery in the BSAI has been caught. Consequently, in accordance with
Sec. 679.21(e)(7)(vi), NMFS is closing directed fishing for pollock by
vessels using trawl gear in the three Herring Savings Areas of the
BSAI. The Summer Herring Savings Area 1 is that part of the Bering Sea
subarea that is south of 57[deg] North latitude and between 162[deg] W
longitude and 164[deg] W longitude from 1200 hours, A.l.t., June 15,
2020 through 1200 hours, A.l.t., July 1, 2020. The Summer Herring
Savings Area 2 is that part of the Bering Sea subarea that is south of
56[deg]30'' North latitude and between 164[deg] W longitude and
167[deg] W longitude from 1200 hours, A.l.t., July 1, 2020 through 1200
hours A.l.t., August 15, 2020. The Winter Herring Savings Area is that
part of the Bering Sea subarea that is between of 58[deg] and 60[deg]
North latitude and between 172[deg] W longitude and 175[deg] W
longitude from 1200 hours, A.l.t., September 1, 2020 through 1200
hours, A.l.t., March 1, 2021.
While this closure is effective the maximum retainable amounts at
Sec. 679.20(e) and (f) apply at any time during a trip.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and
contrary to the public interest. This requirement is 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 directed fishing for pollock by vessels
using trawl gear in the Summer and Winter Herring Savings Areas of 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 June 3, 2020.
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.
This action is required by Sec. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 5, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-12566 Filed 6-9-20; 8:45 am]
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