[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29670-29672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09084]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200423-0120]
RIN 0648-XY201
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Final 2020 and 2021 Harvest Specifications for Groundfish;
Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
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SUMMARY: The National Marine Fisheries Service is correcting a final
rule that published on March 10, 2020, implementing the final 2020 and
2021 harvest specifications and prohibited species catch allowances for
the groundfish fishery of the Gulf of Alaska. One table in the document
contains errors associated with deep-water flatfish, and another table
contains an error associated with northern rockfish. These corrections
are necessary to provide the correct information about the amount of
deep-water flatfish and northern rockfish available for commercial
harvest in 2020, thus allowing commercial fishermen to maximize their
economic opportunities in this fishery. This correction also is
necessary to comport with the requirements of the Fishery Management
Plan for Groundfish of the Gulf of Alaska.
DATES: Effective May 18, 2020.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Need for Correction
The National Marine Fisheries Service (NMFS) published the Gulf of
Alaska (GOA) final 2020 and 2021 harvest specifications in the Federal
Register on March 10, 2020 (85 FR 13802). The harvest specifications
were effective March 10, 2020. NMFS has identified two tables in that
final rule that contain errors. First, a table (Table 18) providing
information about the 2020 groundfish sideboard limits for non-exempt
American Fisheries Act (AFA) catcher vessels contains errors associated
with the deep-water flatfish sideboard limits in the Central and
Eastern Regulatory Areas of the GOA. Second, a table (Table 23)
providing information about 2020 Rockfish Program (RP) sideboard limits
for catcher/processors contains one error associated with the northern
rockfish sideboard limit in the Western Regulatory Area of the GOA.
These tables, associated errors, and corrections to each table are
discussed below.
Corrections to Table 18: Non-Exempt AFA Catcher Vessel Sideboard Limits
An explanation of AFA sideboard limits is contained in the final
rule implementing the 2020 and 2021 harvest specifications (85 FR
13802, March 10, 2020) and is not repeated here. In conjunction with
calculating the non-exempt AFA catcher vessel sideboard limits
contained in Table 18 of the final 2020 and 2021 harvest
specifications, NMFS also incorporated changes to the specification and
management of non-exempt AFA catcher vessel sideboard limits that were
implemented in a final rule published in 2019 (84 FR 2723, February 8,
2019). That particular final rule established regulations to prohibit
directed fishing for specific groundfish species or species groups
subject to sideboard limits in regulations (Sec. 679.20(d)(1)(iv)(D)
and Table 56 to 50 CFR part 679), which effectively reduced the number
of non-exempt AFA catcher vessel groundfish sideboard limits that must
be annually specified. However, NMFS must continue to specify some non-
exempt AFA catcher vessel sideboard limits for certain groundfish
species or species groups.
In the final harvest specifications, the table (Table 18)
associated with the 2020 non-exempt AFA catcher vessel sideboard limits
provides information about species, apportionments by gear and season,
areas, ratios used to calculate sideboard limits, total allowable catch
(TAC) limits, and final 2020 sideboard limits. This table was revised
and condensed from an equivalent table published in 2019 to remove
species or species groups for which directed fishing is now prohibited
in regulation, following the implementation of a final rule (84 FR
2723, February 8, 2019) that, in part, revised the specification and
management of non-exempt AFA catcher vessel sideboard limits. In Table
18 on page 13821 of the harvest specifications published in the Federal
Register (85 FR 13802, March 10, 2020), NMFS inadvertently included a
deep-water species sideboard limit for the Western GOA and omitted a
deep-water species sideboard limit for the Eastern GOA. Table 18 also
includes the incorrect ratio used for calculating the sideboard limit
for deep-water flatfish for the Central GOA. The correct ratios for
calculating sideboard limits for deep-water flatfish for the Central
and
[[Page 29671]]
Eastern Regulatory Areas of the GOA are .0647 and .0128, respectively.
The correct 2020 deep-water flatfish TACs for the Central and Eastern
Regulatory Areas of the GOA are 1,948 metric tons (mt) and 3,856 mt,
respectively. The correct 2020 deep-water flatfish sideboard limits for
the Central and Eastern Regulatory Areas of the GOA are 126 mt and 49
mt, respectively. This action will revise columns 3, 4, 5, and 6 of
Table 18 to incorporate the correct amounts for ratios for calculating
sideboard limits, TACs, and sideboard limits for the 2020 deep-water
flatfish in the Central Regulatory Area of the GOA (C) and the Eastern
Regulatory Area of the GOA (E).
Correction to Table 23: RP Sideboard Limits for the Western GOA and
West Yakutat District for the Catcher/Processor Sector
A table (Table 23) providing information about the final 2020 RP
sideboard limits for the catcher/processor sector by area and fishery
contains one error associated with the northern rockfish sideboard
limit for the Western Regulatory Area of the GOA (or Western GOA). In
Table 23 on page 13824 of the harvest specifications published in the
Federal Register (85 FR 13802, March 10, 2020), NMFS inadvertently used
an incorrect value for the northern rockfish sideboard limit for the
Western Regulatory Area of the GOA. The correct 2020 northern rockfish
sideboard limit for catcher/processors for the Western Regulatory Area
of the GOA is 842 mt. This action will revise column 5 of Table 23 to
incorporate the correct amount for the 2020 RP northern rockfish
sideboard limit for the catcher/processor sector for the Western
Regulatory Area of the GOA (or Western GOA).
Classification
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 unnecessary and contrary to the
public interest. This correcting amendment makes changes to correct
mis-specified 2020 deep-water flatfish sideboard limits for non-exempt
AFA catcher vessels in Table 18 and the 2020 RP northern rockfish
sideboard limit for catcher/processors in Table 23, as described above,
and does not change operating practices in the fisheries. This
correcting action is consistent with the harvest specifications
recommended by the North Pacific Fishery Management Council in December
2019, and ensures that the groundfish sideboard limits that the fishing
industry expected to be available in 2020 are correct. If this
correction is delayed to allow for notice and comment, it would result
in confusion for participants in the fisheries, given that the final
rule implementing the 2020 and 2021 harvest specifications already is
effective. The correct 2020 deep-water flatfish sideboard limits for
non-exempt AFA catcher vessels for the Central and Eastern Regulatory
Areas of the GOA are different from the incorrectly specified sideboard
limits for these two management areas. The correct 2020 RP northern
rockfish sideboard limit for catcher/processors is less than the
incorrectly specified sideboard limit for the Western Regulatory Area
of the GOA (or Western GOA). Without this correction, commercial
fishermen may believe that there are different amounts of sideboard
limits available for harvest in 2020 than are actually available, to
their economic detriment. In addition, the public was already provided
with notice and opportunity to comment during the public comment period
for the proposed harvest specifications (84 FR 66109, December 3,
2019), so additional opportunity for public comment at this point would
not be meaningful. Therefore, in order to avoid any negative
consequences that could result from this correction, the AA finds good
cause to waive the requirement to provide prior notice and opportunity
for public comment.
For the reasons above, the AA also finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effective date and make this
rule effective immediately upon publication.
Corrections
In the final rule document, published on March 10, 2020 (85 FR
13802), the following corrections are made:
1. On page 13821, Table 18 is corrected to read as follows:
Table 18--Final 2020 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
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Ratio of 1995- Final 2020
1997 non- non-exempt
Species Apportionments Area/component exempt AFA CV Final 2020 AFA CV
by season/gear catch to 1995- TACs \3\ sideboard
1997 TAC limit
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Pollock...................... A Season: Shumagin (610). 0.6047 517 313
January 20- Chirikof (620). 0.1167 18,757 2,189
March 10. Kodiak (630)... 0.2028 5,783 1,173
B Season: March Shumagin (610). 0.6047 517 313
10-May 31. Chirikof (620). 0.1167 22,222 2,593
Kodiak (630)... 0.2028 2,318 470
C Season: August Shumagin (610). 0.6047 9,070 5,485
25-October 1. Chirikof (620). 0.1167 6,739 786
Kodiak (630)... 0.2028 9,248 1,875
D Season: Shumagin (610). 0.6047 9,070 5,485
October 1- Chirikof (620). 0.1167 6,739 786
November 1. Kodiak (630)... 0.2028 9,248 1,875
Annual.......... WYK (640)...... 0.3495 5,554 1,941
SEO (650)...... 0.3495 10,148 3,547
Pacific cod.................. A Season: \1\ W.............. 0.1331 1,246 166
January 1-June C.............. 0.0692 2,284 158
10.
B Season: \2\ W.............. 0.1331 830 111
September 1- C.............. 0.0692 1,522 105
December 31.
Flatfish, shallow-water...... Annual.......... W.............. 0.0156 13,250 207
[[Page 29672]]
C.............. 0.0587 27,732 1,628
Flatfish, deep-water......... Annual.......... C.............. 0.0647 1,948 126
................ E.............. 0.0128 3,856 49
Rex sole..................... Annual.......... C.............. 0.0384 8,579 329
Arrowtooth flounder.......... Annual.......... C.............. 0.0280 68,669 1,923
Flathead sole................ Annual.......... C.............. 0.0213 15,400 328
Pacific ocean perch.......... Annual.......... C.............. 0.0748 23,678 1,771
E.............. 0.0466 6,123 285
Northern rockfish............ Annual.......... C.............. 0.0277 3,178 88
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\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
2. On page 13824, Table 23 is corrected to read as follows:
Table 23--Final 2020 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District by Fishery
for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
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Final 2020
Area Fishery C/P sector (% of TAC) TACs Final 2020 C/P limit
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Western GOA.................... Dusky rockfish.... 72.3................. 776 561
Pacific ocean 50.6................. 1,437 727
perch.
Northern rockfish. 74.3................. 1,133 842
West Yakutat District.......... Dusky rockfish.... Confidential \1\..... 115 Confidential \1\
Pacific ocean Confidential \1\..... 1,470 Confidential \1\
perch.
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\1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS
and the State of Alaska.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540 (f), 1801 et
seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-31; Pub.
L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-241; Pub.
L 109-479.
Dated: April 24, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-09084 Filed 5-15-20; 8:45 am]
BILLING CODE 3510-22-P