Rule2021-16183
Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2021 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories
Primary source
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Published
July 29, 2021
Effective
July 27, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is reapportioning the seasonal apportionments of the 2021 Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2021 through June 30, 2021. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.
Full Text
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<title>Federal Register, Volume 86 Issue 143 (Thursday, July 29, 2021)</title>
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[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Rules and Regulations]
[Pages 40788-40789]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16183]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 210210-0018]
RTID 0648-XB141
Fisheries of the Exclusive Economic Zone Off Alaska;
Reapportionment of the 2021 Gulf of Alaska Pacific Halibut Prohibited
Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery
Categories
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reapportionment.
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SUMMARY: NMFS is reapportioning the seasonal apportionments of the 2021
Pacific halibut prohibited species catch (PSC) limits for the trawl
deep-water and shallow-water species fishery categories in the Gulf of
Alaska. This action is necessary to account for the actual halibut PSC
use by the trawl deep-water and shallow-water species fishery
categories from May 15, 2021 through June 30, 2021. This action is
consistent with the goals and objectives of the Fishery Management Plan
for Groundfish of the Gulf of Alaska.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 27, 2021
through 2400 hours, A.l.t., December 31, 2021.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
Gulf of Alaska (GOA) exclusive economic zone according to the Fishery
Management Plan for Groundfish of the Gulf of Alaska (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 final 2021 and 2022 harvest specifications for groundfish in
the GOA (86 FR 10184, February 19, 2021) apportions the 2021 Pacific
halibut PSC
[[Page 40789]]
limit for trawl gear in the GOA to two trawl fishery categories: A
deep-water species fishery and a shallow-water species fishery. The
halibut PSC limit for these two trawl fishery categories is further
apportioned by season, including four seasonal apportionments to the
shallow-water species fishery and four seasonal apportionments to the
deep-water species fishery. The two fishery categories also are
apportioned a combined, fifth seasonal halibut PSC limit. Unused
seasonal apportionments are added to the next season apportionment
during a fishing year.
Regulations at Sec. 679.21(d)(4)(iii)(D) require NMFS to combine
management of the available trawl halibut PSC limits in the second
season (April 1 through July 1) deep-water and shallow-water species
fishery categories for use in either fishery from May 15 through June
30 of each year. Furthermore, NMFS is required to reapportion the
halibut PSC limit between the deep-water and shallow-water species
fisheries after June 30 to account for actual halibut PSC use by each
fishery category during May 15 through June 30. As of July 23, 2021,
NMFS has determined that the trawl deep-water and shallow-water
fisheries used 74 metric tons (mt) and 4 mt of halibut PSC,
respectively, from May 15 through June 30. Accordingly, pursuant to
Sec. 679.21(d)(4)(iii)(A) and Sec. 679.21(d)(4)(iii)(D), the Regional
Administrator is reapportioning the combined first and second seasonal
apportionments (860 mt) of halibut PSC limit between the trawl deep-
water and shallow-water fishery categories to account for the actual
PSC use (149 mt) in each fishery from January 1, 2021 through June 30,
2021. Therefore, Table 15 of the final 2021 and 2022 harvest
specifications for groundfish in the GOA (86 FR 10184, February 19,
2021) is revised consistent with this adjustment.
Table 15--Final 2021 and 2022 Apportionment of Pacific Halibut PSC Trawl
Limits Between the Trawl Gear Deep-Water Species Fishery and the Shallow-
Water Species Fishery Categories
[Values are in metric tons]
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Shallow- Deep- water
Season water 1 Total
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January 20-April 1............... 71 0 71
April 1-July 1................... 5 73 78
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Subtotal, combined first and 76 73 149
second season limit (January
20-July 1)..................
July 1-August 1.................. 159 1,014 1,173
August 1-October 1............... 53 75 128
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Subtotal January 20-October 1 288 1,162 1,450
October 1-December 31 2.......... ........... ........... 256
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Total.................... ........... ........... 1,706
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1 Vessels participating in cooperatives in the Central GOA Rockfish
Program will receive 191 mt of the third season (July 1 through
September 1) deep-water species fishery halibut PSC apportionment.
2 There is no apportionment between trawl shallow-water and deep-water
species fishery categories during the fifth season (October 1 through
December 31).
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.
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 allow for harvests that exceed the
originally specified apportionment of the halibut PSC limits to the
deep-water and shallow-water fishery categories. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of July 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-16183 Filed 7-26-21; 4:15 pm]
BILLING CODE 3510-22-P
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